When someone you love passes away, you have to grieve and handle paperwork at the same time. Probate is the court process that settles a person’s estate. That means confirming the Will, if there is one, appointing someone to handle the estate, paying valid debts, and transferring property to the right people. At Bloom Legal Advisors, our probate attorney helps families in Lenexa, Kansas City, Kansas, and the rest of the Kansas side of the metro get through each step with clear guidance and steady communication.
We currently handle probate cases in Johnson County, Wyandotte County, and Miami County, Kansas and surrounding areas. We’re easy to reach from Overland Park, Olathe, Shawnee, Kansas City, Kansas, and Paola.
What Is Probate?
Probate is the court-supervised legal process used to settle a deceased person’s estate, whether they left a Will or died intestate (without a Will). In general, probate includes:
- Validating the Will: The court confirms the Will is legally valid and enforceable.
- Appointing a personal representative: The court gives an executor (named in a Will) or an administrator (when there is no Will) the legal authority to act for the estate.
- Inventorying estate assets: Real estate, bank accounts, vehicles, investments, and personal property are identified and valued.
- Notifying creditors and paying debts: Notice is published, valid claims are paid, and final taxes are handled.
- Distributing property: Remaining assets pass to beneficiaries under the Will or, without a Will, to heirs under state intestacy law.
- Closing the estate: A final accounting or settlement is filed, and the court closes the case.
When Is a Probate Lawyer Necessary?
Not every estate requires probate, but probate is generally necessary when:
- The deceased person owned property solely in their name without transfer-on-death designations or trusts.
- Estate assets are not held in a trust or jointly with rights of survivorship.
- Beneficiaries are not clearly named on accounts or legal documents.
- There are disputes among family members or heirs regarding the estate.
- The probate estate includes complex assets or litigation issues.
An experienced probate attorney works to determine if probate is required and guides families through the legal process efficiently.
The Role of a Probate Lawyer
A probate lawyer specializes in probate litigation and estate administration, helping clients navigate the probate process, represent them in probate court, and resolve disputes. Additionally, an estate planning attorney works proactively with clients to create comprehensive estate planning documents—such as wills, trusts, and powers of attorney—to minimize the need for probate and protect estate assets.
Both probate attorneys and estate planning attorneys provide vital assistance to families ensuring that the deceased person’s estate is handled according to their wishes while complying with applicable laws.
Challenges in the Probate Process
While probate provides legal oversight, it can be time-consuming and costly. Probate litigation may arise if beneficiaries contest the Will or if there are disagreements over estate assets. The probate process is also public, meaning the details of the deceased person’s estate become accessible through court records.
How to Minimize Probate
Effective estate planning is key to reducing the impact of probate. Strategies include establishing trusts, properly titling assets, naming beneficiaries on accounts, and preparing clear estate planning documents. Working with an experienced estate planning attorney ensures that your estate plan aligns with your goals and complies with estate law.
How We Can Assist
Our firm provides comprehensive probate and estate planning services, guiding clients through every step of the probate process and helping develop estate plans that protect assets and minimize probate court involvement. We are committed to assisting families with probate estates by offering personalized legal solutions tailored to your needs.
Steps in the Probate Process
Here’s what to expect during probate:
- Filing the Petition
- The executor (or an interested party) files a petition with the probate court to open the estate.
- If there’s a Will, it’s submitted for validation.
- Appointing an Executor or Administrator
- The court officially names the person responsible for managing the estate, ensuring they have the legal authority to act.
- Identifying and Valuing Assets
- The executor/administrator creates an inventory of the deceased’s assets and determines their value. The inventory is filed with the court.
- Paying Debts and Taxes
- Notice is provided to creditors – this will sometimes require publication of the probate case in a newspaper.
- Outstanding bills, loans, and taxes must be paid before distributing the estate to beneficiaries.
- Distributing the Estate
- Once debts are settled, the executor distributes the remaining assets according to the Will or state law if no Will exists.
- Closing the Estate
- The executor provides the court with a final accounting, and the estate is officially closed.
Kansas vs. Missouri Probate: Key Differences
The Kansas City metro sits on a state line, so families often have a loved one who lived in one state and owned property in the other. Kansas and Missouri probate laws differ in important ways. Here’s a plain-language overview.
Probate in Kansas
- Six-month deadline to probate a Will: In Kansas, a Will generally has no effect on passing property unless a petition to probate it is filed within six months of death (K.S.A. 59-617). Missing this deadline can change who inherits, so it’s one of the most important dates to know.
- Four-month creditor period: Creditors generally have four months from the first published notice to file claims. Known creditors get at least 30 days after actual notice (K.S.A. 59-2239).
- Small estates affidavit up to $75,000: If the probate estate is $75,000 or less, heirs can often collect personal property such as bank accounts and vehicles by affidavit, with no court case (K.S.A. 59-1507b). The limit was raised from $40,000 effective July 1, 2023 (Kansas Department of Revenue). The affidavit can’t transfer real estate, though.
- Attorney fees: Kansas has no statutory percentage fee schedule. Attorney fees paid from the estate must be reasonable and are subject to court review.
Probate in Missouri
- Six-month creditor period: Missouri creditors generally have six months from first publication of notice, or two months from mailed notice, whichever is later. Claims are also barred one year after death (RSMo 473.360 and 473.444 overview).
- Small estate affidavit up to $40,000: Missouri’s small estate affidavit is available 30 days after death when the entire estate, minus liens and debts, is $40,000 or less (Missouri Bar Probate Resource Guide).
- Statutory minimum attorney fees: Missouri sets a minimum fee schedule based on estate value: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000, and 2% of anything over $1 million (RSMo 473.153).
What about property in both states? If your loved one lived in Kansas but owned a home or land in Missouri (or the other way around), the estate may need a primary probate in the home state and a second, “ancillary” probate where the out-of-state real estate sits. Bloom Legal Advisors handles probate in Johnson, Wyandotte, and Miami County, Kansas. If Missouri property is involved, we’ll help you understand how the two proceedings fit together.
