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When a person passes away in Kansas, his or her estate may be subject to certain taxes. The taxes it will be subject to are based on the size of the decedent’s estate and the individual to whom the assets of the estate will go to. A person’s taxable estate consists of both property that will go through probate and property that will not go through probate. Because of this, certain types of property that may not be subject to probate, such as life insurance policies and jointly held real estate, may still be subject to taxation.

First of all, sometimes a person’s estate is subject to the federal estate tax. Whether or not an estate will be subject to the federal estate tax depends on the worth of the property in the individual’s taxable estate. However, there are exemptions available to many that may make it so that a person’s estate will not be subject to the federal estate tax. An attorney may be able to provide more information about the federal estate tax.

In addition to the federal estate tax are both federal fiduciary income taxes and state fiduciary income taxes. The amount of fiduciary income tax owed depends on the income that is created from the probate estate property. The federal fiduciary income tax and the state fiduciary income tax have similarities to the personal income taxes a person may pay.

It is important that all applicable taxes on a person’s estate or inheritance are correctly paid. Since this post is not a substitute for the advice of an attorney, Kansas residents who need further information on what taxes they will need to pay may want to work with a trust & probate administration professional who can help guide them through the process.

Source: Kansas Bar Association, “What is Probate?,” accessed Aug. 30, 2015