New Revision to Order for Informal Administration Title Standard

• Year: 2024
• Citation: Vol. 93 No. 5 Pg. 46
• Pages: 46
• Date: 01 October 2024

New Revision to Order for Informal Administration Title Standard No. 93 J. Kan. Bar Assn 5, 46 (2024) Kansas Bar Journal October, 2024

By the KBA Title Standards Committee

18.11 SALE OR MORTGAGE OF REAL ESTATE BY DISTRIBUTEE RECEIVING OWNERSHIP VIA INFORMAL ADMINISTRATION OF A DECEDENT'S ESTATE

NOTE: This title standard only applies to conveyances by a distributee receiving ownership of real estate via informal administration.

Problem: Title is acquired by a distributee or distributees from a decedent via Informal Administration filed in a Kansas District Court and no other simplified or supervised administrative proceedings were initiated. What are the requirements to purchase or take a mortgage in the real property?

Standard 18.11 (a): Informal administration under the Kansas Informal Administration Act (the "Act"),K.S.A. 59-3301 et seq., allows a testate or intestate decedents estate to be administered in a single order condensing the regular probate procedure, including: admitting the will to probate, if applicable; filing an inventory and valuation; determining how property will be distributed; and establishing the decedents debts and how the debts will be paid. No executor or administrator is appointed, but the Order for Informal Administration will state the nominated fiduciary who is given the authority to pay the debts and expenses of the estate. The title examiner should confirm the following procedures were followed:

A. The Petition contains the information required by K.S.A. 59-3302(b).

B. Notice of the hearing on the Petition was given pursuant to K.S.A. 59-2209 (K.S.A. 59-3303). A Notice to Creditors is not required.

C. The Service members Civil Relief Act has been complied with, including the appearance...