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Plain-language guides · Wichita, Kansas
Facing probate, foreclosure, or an inherited house?
These situations come with unfamiliar paperwork and hard decisions, often at a hard time. The guides below explain how each one works in Kansas and what to do first. When you'd like to talk it through, Eric is a phone call away.
Guides
Start with the one that fits your situation
Each guide covers what's happening, what to do first, and who can help. They're general information, not legal advice.
Guide
Probate
What probate is, how real estate passes to heirs in Kansas, and the first steps for an executor or family member.
Read the probate guide GuideForeclosure
How foreclosure works in Kansas, the options that may be open to you, and how to avoid common scams.
Read the foreclosure guide GuideInherited property
Deciding whether to keep, rent or sell, what it costs to hold the house, and questions to ask before you decide.
Read the inherited property guideGuide 1
Probate and real estate
Probate is the court process that confirms who has the authority to handle a person's estate and passes their property to the right people. If someone you love has died and owned a house, it's usually where things start.
How a house can pass to heirs in Kansas
- Through probate. The court appoints an executor (named in a will) or an administrator. That person can manage the house and, with the proper authority, sell it.
- Through a transfer-on-death deed. If the owner recorded one, the house can pass to the named beneficiary without probate.
- Through joint ownership. If the house was owned jointly with right of survivorship, it usually passes to the surviving owner.
- Through a shorter court process. In some cases Kansas allows a simpler proceeding to settle who inherits real estate. An attorney can tell you if that applies.
First steps
- Find the will, if there is one, and any trust documents.
- Look up how the house is titled. The Sedgwick County Register of Deeds can provide a copy of the deed.
- Keep the house insured, locked and maintained, and keep paying any mortgage while things are sorted out.
- Talk with a probate attorney about which process fits and how long it may take.
Good to know: probate often takes several months. You usually can't sell the house until someone has legal authority to sign for the estate.
Guide 2
Foreclosure in Kansas
Falling behind on a mortgage is frightening, but you usually have more time and more options than it feels like. The most important thing is not to wait.
How it works here
- Kansas foreclosures go through the courts. The lender files a lawsuit in district court, and you'll be formally served. Don't ignore those papers. You have the right to respond.
- The process takes time. Between the missed payments, the court case and the sheriff's sale, there is usually time to explore options.
- You may have a redemption period. Kansas law often gives homeowners time after the sheriff's sale to reclaim the home. An attorney can tell you whether it applies to you.
Options that may be open to you
- Call your loan servicer and ask about a repayment plan, forbearance or loan modification.
- Talk with a free HUD-approved housing counselor: hud.gov or 800-569-4287.
- Talk with a foreclosure attorney, especially once a lawsuit is filed.
- If keeping the house isn't realistic, selling before the foreclosure is final can protect your credit and any equity.
Watch for scams: be careful with anyone who asks for upfront fees to "save" your home, or asks you to sign over your deed. Legitimate help doesn't work that way.
Guide 3
Inherited property
Inheriting a house can bring up a lot at once: grief, family decisions, and a property that needs attention. There's no need to rush. It helps to know your choices and what each one involves.
Your main choices
- Keep it and live there or use it as a second home.
- Rent it out, which brings income along with landlord responsibilities.
- Sell it, either by listing it with an agent or selling it as-is.
Questions to answer first
- Who are all the heirs, and do they agree on a plan?
- Is there a mortgage? It doesn't go away, but federal law generally lets a relative who inherits keep the existing loan.
- What does it cost each month to hold? Think about taxes, insurance (a vacant house may need a special policy), utilities and upkeep.
- What will taxes look like? Inherited property often gets a "stepped-up" tax basis, which can lower taxes if you sell. Ask a tax professional.
Good to know: you don't have to clear out the whole house before deciding what to do with it. Take the time you need with belongings.
If you decide to sell
Three common ways to sell a house
None of them is right for everyone. It depends on the condition of the house, your timeline, and how much work you want to take on.
Eric will tell you honestly which option makes the most sense for your situation, even when it isn't selling to us.
Talk with Eric
Have questions? Eric is glad to help.
When you call, you'll talk with Eric Santiago, our founder. He'll listen to what's going on, answer your questions in plain language, and help you figure out a sensible next step. That might be an attorney, a housing counselor, a real estate agent, or us.
There's no cost to talk and no obligation.