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.