(Advanced Legal Planning, LLC Partners with trusted litigation counsel for most probate matters.)
When someone dies, loved ones are often overwhelmed with the grief and pain of loss. Advanced Legal Planning understands and appreciates the difficulties you are facing. This grief is often compounded by daunting legal and estate issues that must be dealt with. Advanced Legal Planning faces these matters with empathy and consideration.
When Is Probate Necessary?
- Probate is usually necessary if the deceased person (the “decedent”) owned real estate or other assets, in their own name, at the time of death. Transferring assets into a “Trust” avoids probate.
- The decedent’s real and personal property are called the “estate” of the decedent. Probate is the process of resolving the affairs of the decedent by paying debts of the estate and then distributing the remainder as the Court directs.
- Probate is usually required if the estate includes real property (land, a house, mineral rights, etc.) of any value, or the estate has personal property worth more than the “small estate” statutory dollar amount.
- When probate is legally required, it is best to have it done as soon after the death as possible. A trust designed by Advanced Legal Planning can help avoid probate altogether.
Different Kinds Of Probate In Kansas
- Supervised Administration usually arises because there is disagreement about who should be appointed as Personal Representative, or how the estate should be administered. An interested party petitions the Court to make those decisions.
- Supervised Administration probate requires notice to all potential interested parties before the Court appoints an Executor. This gives parties an opportunity to file an objection or file a competing request for appointment.
- Supervised Administration requires court consent to pay expenses, taxes and to sell most property. Any buyer of property must pay at least 75% of the value of the property.
- Simplified Administration probate is usually available when all interested parties consent to it.
- If there is no Will, or if the existing Will does not provide for informal administration, it is still possible for the Personal Representative to ask the court for authority to administer the estate through Simplified Administration.
- In Simplified Administration the Executor does not have to obtain judicial permission to collect assets, pay creditor claims, make partial distributions, or pay taxes. (Sales of real estate may still require judicial approval.)
- If probate is not required by law, it may be possible to collect personal property (such as money in a bank account) using a small estate affidavit. In Kansas, a small estate affidavit is not filed with the Court. Instead, the decedent’s successor completes a notarized affidavit and gives it to any third parties to gain access to the personal property of the decedent.
- This method of probate can be used if:
— There is no real property in the estate
— The fair market value of the entire estate, less liens and encumbrances, is under $75,000
— No application or probate petition is pending or has been granted in any jurisdiction
Talk to an Advanced Legal Planning attorney about your probate matter.
Due to time and family constraints (see About the Attorney), Advanced Legal Planning, LLC does not represent probate clients directly. However, ALP has relationships with qualified firms to handle probate while Advanced Legal Planning makes sure no one in your family ever has to go through that process again.
