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One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it. The grantor retains control over the trust's property until their death or incapacitation.
Once the will is determined to be valid, the next step is the probate process. Probate proceedings are usually only required if the deceased person owned any assets in their name only. Other assets, also known as non-probate property, can generally be transferred to the other owner without probate.
In Kansas, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.
Every executor and administrator shall have nine (9) months from the date of his or her appointment for the settlement of the estate.
Ultimately, under Kansas law, if a person dies intestate, any assets owned solely in his or her name go to the closest living relatives. This is set out ing to an order of priority in which a decedent's heirs will inherit the property in the estate.
Options for keeping your estate out of probate Living trusts. Joint property ownership. Payable-on-death designations. Transfer-on-death deeds. Transfer-on-death registration.