What to Do After Signing Your Will: Steps to Avoid Probate in Kansas

Congratulations! You’ve taken an important first step by completing your Will. But don’t stop there—your estate plan isn’t fully effective unless your assets are aligned with your intentions. If your property doesn’t transfer the way you expect, your loved ones may still end up in probate court.

To help avoid probate and ensure a smooth transition, here are the key steps you should take immediately after signing your Will.

✅ Real Estate: Record Your Transfer on Death Deeds

In Kansas, real estate should be listed on Transfer on Death (TOD) Deeds naming your intended beneficiaries.

• At Minter & Pollak, LC, we include these TOD Deeds for Kansas real estate as part of our estate planning services—but not all firms do.
• If you buy new property in the future, make sure to record a new TOD Deed for that property.

💳 Bank Accounts: Add Beneficiaries, Not Co-Owners

Make sure every bank account has a beneficiary designation (also called a “Payable on Death” or POD designation).

• Ask your bank to review the current beneficiary information next time you visit a branch.
• Avoid adding a non-spouse as a co-owner—this could expose your account to their creditors. Instead, consider making them an authorized signer if you want them to access the funds during your lifetime.

🏦 Retirement Accounts: Review Beneficiary Designations

For accounts like IRAs, 401(k)s, and 403(b)s:

• Ensure all accounts have updated beneficiary designations.
• We recommend discussing options with your financial advisor, especially if you’re unsure whether to name individuals or a Trust as beneficiaries.

🛡 Life Insurance: Confirm Your Beneficiaries

Take time to check the listed beneficiaries on all life insurance policies to ensure they reflect your current wishes. You can name individuals or your Trust as the recipient.

🚗 Vehicles: File TOD Beneficiary Designations

Use the Kansas Department of Revenue’s forms to designate a Transfer on Death beneficiary for each vehicle you own—or will own in the future. This ensures vehicles pass directly to your chosen beneficiaries without going through probate.

⚠️ Why It Matters: The Cost of Inaction

If you fail to properly title or designate beneficiaries for your assets, probate may be required, even with a Will in place.

We’ve seen multiple probate cases where a simple oversight—like forgetting to update an account designation—cost families thousands of dollars in legal fees and delays.

Ongoing Maintenance of Your Estate Plan

🔄 Has Your Life Changed?

Your estate plan should evolve with your life. Ask yourself:

• Have your children grown up?
• Have you acquired more property or started a business?
• Is your current plan still the right fit?

If you previously created a Trust to manage assets for minor children, you may no longer need it if your children are now responsible adults. On the flip side, if your estate has grown in complexity, it might be time to consider adding a Trust.

👥 Lost a Key Person in Your Plan?

If someone you’ve named as:

• Executor
• Trustee
• Power of Attorney (Attorney-in-Fact)

…has passed away or is no longer available, it’s essential to update your documents. We’ve seen situations where all named agents were deceased when a document was needed, requiring the Court to intervene with a Guardianship or Conservatorship.

Pro tip: Review your estate plan every few years to ensure it still works for you.

📄 Keep Your Original Documents Safe

Under Kansas law, your original Will must be filed with the Court after your death. If it cannot be found, there is a legal presumption that the Will was revoked.

Best practices:

• Keep all estate planning documents in a safe place.
• Let your Executor know where to find them.
• Never make handwritten edits to your Will—any changes must follow formal legal procedures.

Need to Make Updates?

If your estate planning documents need to be changed, always work with an attorney. DIY forms and online tools often fail to meet Kansas legal requirements and may be ruled invalid.

At Minter & Pollak, LC, we offer free estate planning consultations, including reviews of existing documents to help you decide whether updates are needed.

📞 Contact us today at (316) 265-0797 to schedule your free consultation.

Photo by krakenimages on Unsplash.