Probate & Trust Administration

Our firm takes pride in assisting families with a loved one’s estate. Whether through a formal court probate process or administering a revocable trust, we can help guide you through this complicated process. Contact our office today to set up a free consultation to discuss your Kansas probate or trust administration needs.

Probate

Probate in Kansas is a formal court supervised process to determine a decedent’s heirs and beneficiaries, pay debts and distribute assets. Probate procedures in Kansas vary depending on the size and complexity of the estate and whether the decedent had a will or not.

Probate Process

The probate process typically involves the following steps:

Filing a petition for probate: This petition is filed with the court by the personal representative of the deceased person, also known as the executor or administrator.
Proving the Will: If the decedent died with a will, the will is filed with the court and can be objected to by heirs and beneficiaries.
Notice to creditors: Creditors are notified of the deceased person’s death and have a set period of time to file claims against the estate.
Inventory of assets: The executor or administrator prepares an inventory of the deceased person’s assets, including real estate, personal property, and financial accounts.
Payment of debts: The executor or administrator pays the deceased person’s debts from the estate assets.
Distribution of assets: The remaining assets are distributed to the deceased person’s heirs according to their will or the laws of intestacy.

Probate Duration

The probate process can take several months or even years to complete, depending on the complexity of the estate. However, most are completed in less than a year.

Benefits of Probate

While probate can be time-consuming and expensive, it offers several benefits, including:

Court oversight: The district court supervises the administration of the estate, ensuring that assets are distributed fairly, and creditors are paid.
Validation of will: Probate validates the will and ensures that the deceased person’s wishes are carried out.

Drawbacks of Probate

Probate also has some drawbacks, including:

Time and expense: Probate can be a lengthy and costly process.
Public record: Probate records are public record and available to third parties, which may not be desirable for some individuals.
Potential disputes: Probate can lead to disputes among heirs if there is disagreement about the distribution of assets or the interpretation of the decedent’s will.

Avoiding Probate

There are several ways to avoid probate. Please see our Estate Planning page for more information. (insert link here)

Seeking Legal Guidance

If you are dealing with the estate of a deceased loved one, our experienced probate attorneys at Minter & Pollak, LC can help. We can guide you through the probate process, protect your rights, and ensure that your loved one’s wishes are carried out. Time is of the essence for many probate matters as there are many deadlines and requirements that are involved in probate proceedings. We can help you navigate the probate process and ensure that your loved one’s estate is administered properly. Please contact our office to arrange for a free probate consultation today.