Probate & Trust Administration

Probate is the legal process of administering a deceased person's estate, ensuring that assets are distributed according to their will or state law. Probate is typically required when the deceased owned real estate solely in their name, had significant assets without designated beneficiaries, or if there are disputes over asset distribution. The process includes validating the will, identifying assets, paying debts and taxes, and distributing the remaining estate to beneficiaries.

Yes, probate can often be avoided with proper estate planning. One of the most common ways to bypass probate is through a living trust, which allows assets to pass directly to beneficiaries without court involvement. Joint ownership of property and accounts with designated beneficiaries can also keep assets out of probate. While probate is not always a lengthy or expensive process, avoiding it can make estate administration faster and more private. I help clients explore their options for minimizing or eliminating probate through strategic estate planning.

If a person dies without a will in Kansas, their assets are distributed according to the state’s intestate succession laws. Typically, assets will go to the closest relatives, such as a spouse, children, or parents. If no immediate family members can be found, the estate may pass to more distant relatives or eventually to the state. This process can lead to unintended outcomes, family disputes, and lengthy court proceedings. Creating a will ensures that assets are distributed according to personal wishes rather than state law.

The length of the probate process varies depending on the complexity of the estate. A straightforward probate case with no disputes can take around six to nine months. However, if there are challenges to the will, creditor claims, or complicated assets to sort through, probate can take over a year. Smaller estates may qualify for a simplified probate process, which can reduce the time significantly. I assist clients in managing probate efficiently to minimize delays.

Yes, probate can be contested if there are concerns about the validity of the will. Common reasons for contesting a will include claims that the deceased was not mentally competent when the will was created, that they were pressured or unduly influenced by someone, or that the will was forged or improperly executed. If there are disputes over a will, the court may require testimony, medical records, or other evidence to determine its validity. I help families resolve probate disputes through negotiation and legal action when necessary.