Probate of Estates

At decedent’s death if there are properties titled in decedent’s name only, a probate will be required in order to transfer the title of the property to anyone else. It is not a matter of the decedent’s family choosing to go to probate, the family is forced to go to probate in order to transfer title. If the decedent had a valid will (Last Will & Testament), the probate court will pass the property in accordance with the instructions in the will. If the decedent did not have a will, the probate court will pass the property to decedent’s heirs-at-law in accordance with the Kansas intestacy statutes.

Probate administrations are designed to marshal assets, ensure that lawful debts and taxes are paid and then pass title to the assets of the probate estate. The Kansas statutes provide for different levels of probate administration which mean different levels of court involvement and the time required to complete the probate. Which level is appropriate for an individual estate depends on the size of the estate and the degree of complexity required in the administration.

Probate administration can seem very cumbersome and confusing to an executor or administrator and the decedent’s family. On the other hand there is a certainty, a finality and a closure brought by the court procedures and the court orders. The experience of the attorney guiding the family through the probate process is important. Experience lends itself to accuracy, efficiency and economy. Problems arise in probate because procedures are not followed correctly in the first place or the procedures are not followed in a timely manner. Other problems occur in probate because executors or administrators undertake actions without being advised to do so by their probate attorney.

At our office you will find a compassionate response to the loss of your loved one and skilled representation to get you through the probate administration quickly and economically.

Contact us to have us help you navigate a probate administration.