Probate Administration
Expert Probate Administration Services
Have you recently lost a family member (or perhaps a friend)? You may need probate help. Or maybe you’re just not sure. (Pro Tip: That is the correct starting point. It's not always obvious whether a formal probate estate will be needed. You may need a probate law specialist to help you determine whether probate is needed. . . Or. . . If there is a simpler, quicker way to your goal. Read on.)
Understanding Probate and Its Impact on Inheritance
What is “Probate”?
It is the formal process of having a judge oversee the management of a deceased person’s assets, property, and debts, and ultimately giving that property to the “right” people. It is often caused by a third party (e.g., bank, brokerage, mutual fund company) refusing to let go of property until a court order tells them whom to pay it to.
“Probate” is Not One System.
“Probate” is many different sets of procedural tools, involving many different statutes. It involves considerable amounts of strategy, timing decisions, and tough judgment calls. The ultimate outcomes range from cheap to expensive, laser-focused to all-encompassing, and from “fairly quick” to “horribly slow.” It all depends. You need an expert.
Probate is Not “Do-it-Yourself” (DIY).
It’s far too complex and rule-bound. It is virtually the only area of law where you are not even allowed to represent yourself. It's so complex and rule-bound that courts require you to be represented by a lawyer. Probate is not even something that a “generalist” lawyer, or a specialist in some other area of law, should dabble in. They’ll waste time, be inefficient, and miss valuable strategy options.
Your probate options include several different levels of judicial supervision. Generally, I try for the lowest level we are eligible for, because that can (often) save time and money.
Multiple Paths Through Probate.
There are multiple different “avenues” or “procedural options” through the jungle of probate procedure. Deciding which one is best for you depends on timing and urgency, how certain we are about creditors (e.g., the number of them, size of debts, and likelihood that they’ll file a claim). Choosing the best procedural path also depends on the total dollar amount of “probate assets.” (Note: “probate assets” does NOT mean all the assets of the deceased person. Not even close. It’s the total value of only those assets that we cannot pass down to family in some non-probate way, such that those particular assets must be taken through the probate process.) Generally, any asset that can be passed down in a non-probate way, I’ll help you do that.
How to Know if We Need Probate?
Whether Probate is needed for a particular person’s assets after death is Not a Yes or No question. I help you decide — asset by asset. The correct question is “which assets, if any, must go through probate – and which procedural path is the optimal one, given that collection of assets?” On many assets, there is “another way.” I will always help you figure that out, and we’ll use the fastest, cheapest, best way — asset by asset.
“Is Probate Expensive?”
No, but this is the wrong question. If the only way to get a particular asset (or set of assets) passed down to family is to take them through probate, then the right question is “how much more are the assets worth than the cost of going through probate?” My fees are in line with all true experts in Kansas Probate Law. I charge by the hour for the actual time required. The total cost is dependent on many factors that are unique to each case. If an asset MUST go through probate, then it’s worth doing (unless, perhaps, the market value is lower than the probate costs).
“Strategy? Seriously?? What’s at Stake? What Can Be Gained or Lost?”
Simple - “creditors’ claims.” The amount of your inheritance that can be lost – Or Not Lost – to creditors (businesses that the deceased person owed money to, including huge medical bills from final illness) – that amount “at stake” is often vastly greater than the legal fees. Kansas probate law is harsh and unforgiving to the creditors of a deceased person. They can lose their claims forever, easily. But only under certain circumstances. They have legal rights that you must respect and deal with carefully. You want to be well-informed and make decisions intelligently here if your goal is to preserve the inheritance for the family. A good strategy here can often save your family a small fortune.
The Goal—a Realistic and Healthy Viewpoint:
In a probate scenario, there are many different goals, sometimes conflicting with each other. Generally, one major goal is to “probate only those assets that we cannot pass down any other way.” Another: “manage the risk of creditor claims.” Often another goal is to “preserve harmony in the family” by being “open, honest, fair and transparent.” Sometimes, balancing these dictates a slightly different choice about probate procedure. In the long run, avoiding fractured families, hurt feelings, accusations or suspicions, and even family litigation – it will be money and time well-spent to choose intelligently the best probate procedure to employ.
Misconceptions vs. Realities—
Some Basic FAQs
There are many common misconceptions about wills and probate. Start your probate research by at least understanding the reality on these simple points. Here are a few FAQs below.
Having a “will” does not avoid probate. A will is a document that tells the probate judge what you wanted done with your property when you are deceased. A will only “speaks” (i.e., works, has any legal effect) “in probate,” meaning once a probate estate has been “opened” or initiated in court. Before that is done, it is merely non-binding guidance to family about what the deceased wanted, but it must be turned in to the probate court before it is legally effective.
The judge gets to decide whom he will “appoint” as Executor. The deceased person merely “nominated” you by writing you into the will. But the judge gets the final say, and he must “appoint” you before you will have any power or authority to deal with the deceased person’s property. If any family member files papers objecting to you being appointed, then it’s highly likely the judge will not appoint you, but will instead appoint someone whom no family member objects to. That might even be a third party that charges for their time. You want to avoid this. Don’t act before you are authorized by the judge, especially if you fear any family member might eventually “second-guess” you.
Don’t take property from the home, or try to move or close any accounts, until you talk to a probate lawyer. Each asset is subject to a different set of rules, depending on how that asset is titled, and where it’s held. And you need to make an intelligent decision about the best probate procedure to use, overall, before moving any assets. If you do it without court authority, or do it wrong, you could end up being legally liable to someone.
Watch out for the feelings and opinions of others in the family. Handled wrong, a probate scenario can lead to a lawsuit among family - or at least lead to hurt feelings and suspicions of unethical behavior that last for years, perhaps the rest of your life. But done right, a probate scenario can be healing and cathartic, and actually bring a family closer together.
Yes. Kansas allows a “valid family settlement agreement.” It basically means that if everyone who would take property under the Will (or statute) agrees to do something different, then they can, and the judge will enforce that new plan. In the right scenario, it’s an extremely valuable tool. A “generalist” lawyer would not even know it exists.
It depends on a great many circumstances. But in Kansas, most estates can be resolved in 6 to 9 months, or perhaps one year. And if the total amount of property involved is less than $75,000, then (depending on asset types) we may even be able to get it done much, much faster.
I get probates done as quickly as the rules will possibly allow. I have a huge incentive to - I often don’t get paid for any of my work until the very end of the process. (Probate law is fairly unique that way.) Think about that. The months of waiting is a major complaint of most folks who go through probate. I have a big financial incentive to push the process as quickly as the rules will allow it to go.
The county that was the official last “residence” of the deceased person is where the probate must be filed, generally (i.e., regardless of where they were located, such as a hospital or hospice, when they died). If the deceased owned real estate in a different county, then sometimes we must file in that county, instead of, or even in addition to, the county of residence.
I do them. Very well. As quickly and efficiently as rules and circumstances will allow. (Counties: Johnson, Wyandotte, Miami, Linn, Franklin, and Douglas; sometimes other counties by special assignment.)
Does a deceased person owe you money? I can help you get paid. Assuming the decedent’s family opens a probate, you must file a claim, in exactly the proper way, by the deadline, or you lose your claim forever. (The deadlines are fairly short, so do Not wait.) And Note: you should not try to file this yourself. A corporation, LLC, partnership, etc., is not even allowed to file a claim without a lawyer.
But the deceased’s family may intelligently choose to Not open any probate, or strategically choose to postpone opening a probate until your claim for that debt has legally expired and become unenforceable. If that’s the case, then you must act Fast. You must file a Creditor’s Probate.
What if you are owed money by someone who has died, but the deceased person’s family just never does open a probate estate? Then you, the “Creditor” of the deceased, can file to open one, and then “pull” assets into the estate, to get paid. But you must do so within six months of the death. I can help you decide whether it appears to make good financial sense to pursue this course, and handle it if you choose to go forward.
This overview of “Kansas Probate Law and Strategy” is just a brief overview of some of the major points. I have spent decades developing deep expertise into all the other nuances, but they are beyond the scope of what you’d want to read here.
If you may need a probate lawyer, then contact me. I’ll help you find the quickest, fastest, cheapest way to your goals.