Full question:
My mother-in-law died May 30, 2010. She was the sole owner of a checking account and a CD. Not sure of the mount of money involed but probably less than $40,000. There was no will or letters of aministration or letters of testamentary. My mother-in was married but my wife was her only his child. Is my wife entitleld with a death certifcate to any of the funds of these accounts.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Kansas
Answer:
When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate. If the person dies without a will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed.
Some assets pass outside the probate process, such as to a named beneficiary on a CD, insurance policy, or bank account, or a joint tenant with right of survivorship in an account or other assets. Such assets are called transfer on death assets and pass directly to the beneficiary outside probate. The answer will depend on whether the assets had a named beneficiary or joint owner on the account. Otherwise, in Kansas intestacy laws, a spouse divides the deceased spouse’s estate 50/50 with a child.
Joint tenancy is a form of ownership by two or more individuals together that differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. State law, which varies by state, controls the creation of a joint tenancy in real property. Joint tenancy property passes outside of probate; however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. Each joint tenant has an equal, undivided interest in the whole property, and may enter onto, take possession of the whole, occupy, and use every portion of the common property at all times and in all circumstances. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate.
Please see the following KS statute:
59-504. Surviving spouse.
If the decedent leaves a spouse and no children nor issue of a previously
deceased child, all the decedent's property shall pass to the surviving
spouse. If the decedent leaves a spouse and a child, or children, or issue
of a previously deceased child or children, one-half of such property shall
pass to the surviving spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
