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The probate process in Kansas: step-by-step In Kansas, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
It's not uncommon for a probate lawyer to cost up to five percent of an estate's value in Kansas.
Once you're appointed as executor of an estate, you can take the next steps to get a letter of testamentary. To do that, you'll need to file a request with a probate court and provide certain documents, including: A copy of the will if the deceased person had one. A copy of the death certificate.
If there is no will or other estate-planning document, the state has laws that determine how to pass on the deceased's property. However, not all property is subject to probate. Some types of property and assets will not be distributed via probate. One such asset is life insurance.
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.
The timeline for probate in Kansas can vary from a few months to more than a year. If the will is contested or other issues arise with the estate, probate can drag on for years. Since creditors have up to four months to file a claim with the estate, that is the minimal amount of time it can take.
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.
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.