When the decedent dies testate (with a will), naming a personal representative (PR) of his or her estate, the PR is called an executor. An executor may need to sell the decedent's real property to raise money to pay the estate's debts or for other reasons in the best interest of the estate.

An order for sale is required before an executor can transfer real property, unless the decedent's will includes a power of sale.

Use an executor's deed with power of sale after the district court has issued an order for sale to convey real property from the estate. In addition to meeting all state and local standards for conveyances of real property, the deed includes a recitation of facts concerning the executor, the decedent, the order for sale, and the subject property being transferred. The executor signs the completed form in the presence of a notary public prior to recording.

Supplemental documentation may be required, depending on the nature of the transfer. Consult a lawyer with questions about estate administration in Kansas.

(Kansas Executor Deed with POS Package includes form, guidelines, and completed example)

Back to Kansas