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The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate. If there is a Will, an executor will likely be named in it.
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.
File your petition with the clerk of the court office in your county. Answer all questions on forms with specific information. Include dates, times, and a clear description of events.
Attend a walk-in docket (if you do not have an attorney) before your next court date to request your continuance. Make your request to the judge at your scheduled court date.
The first step to probate is to file a petition. Filing must happen within 6 months after the date of death. Persons having knowledge and access to a will may offer it for probate at any time within the 6 months following the death.
It's not uncommon for a probate lawyer to cost up to five percent of an estate's value in Kansas.
Courts § 20-311d. Change of judge; procedure; grounds. (a) If a party or a party's attorney believes that the judge to whom an action is assigned cannot afford that party a fair trial in the action, the party or attorney may file a motion for change of judge.
FILING YOUR DIVORCE CASE Step 1: Fill out these forms: Civil Cover Sheet. ... Step 2: Decide how you will give ?legal notice? to your spouse. ... Voluntary Entry of Appearance. ... Personal Service by Sheriff. ... Service by Return Receipt. ... Publication. ... Step 3: Call the Clerk of the District Court. ... Step 4: Fill out the Summons Form.
However, most assets held in the sole name of the deceased person require probate before being transferred to the beneficiaries named in a will. If the funds in the estate are $40,000 or less, no probate is necessary and all that is required is an affidavit from the heir(s) and a copy of the death certificate.
The Kansas Open Records Act allows you to inspect and obtain copies of public records maintained by Kansas courts, as long as those records are not exempt from disclosure.