We often assist clients in avoiding probate by using other distribution and transfer techniques, however sometimes probate is necessary. Probate is a process where most actions are regulated by the Court. Probate is also time-consuming and expensive, sometimes taking 1-1/2 years or longer until it is completed. Although there may be the occasional exception, probate administration in Kansas takes a minimum of 7 months to complete.
There are several kinds of property that are subjected to probate in Kansas. Most commonly, any property owned in your name alone is subject to probate. Fortunately, Kansas has allowed some assets to avoid the probate process if they are titled correctly or have beneficiary designations. Titling property in Joint Tenancy with Right of Survivorship is one way to avoid probate at the death of the first joint owner. However, at the second death, if there is no other joint tenant, the property must be probated. Titling assets with this designation usually only works well if “people die in the right order” and if it is done between a husband and wife. There are significant risks if a married couple places the names of their children as joint owners and a qualified attorney should be consulted before taking this step.
Kansas has also recognized TOD/POD designations on some assets. These assets avoid probate and are paid directly to the named beneficiaries. It is wise to consult with an attorney knowledgeable about estate planning and tax issues to maximize the use of these designations.
We are happy to assist clients through all aspects of the probate process from start to finish. Probate consists of filing a petition with the original will, publishing notice to creditors, having a hearing to appoint an executor, having the executor distribute property according to the wishes of the deceased person’s will, and providing the court with an inventory and much more.
We strive to make the process as fast and efficient as possible, while keeping you informed of what to expect as we proceed, but keep in mind, the process is time consuming.
Have a question?
Need Assistance?We can help
Larson and Brown has over 34 years of estate planning legal experience, but we do much more than simply practice law. We are personally invested in our community and work hard to meet the needs of individuals who seek our help. That’s why we build great relationships with our clients by providing valuable information, guidance, and support for current concerns, as well as long term planning.
We care. We listen. We counsel.
To set up a consultation and find out more about creating a legacy for your loved ones, call
(316) 729-0100 or use the follow the button below and send us an email. We look forward to working with you.