After a loved one dies, their assets need to be distributed among the heirs. This is done through the Probate Court. While it’s possible to do it without the help of an attorney, the process can be lengthy, frustrating, and often filled with legal nuance and administrative detail. The probate lawyers in our Manhattan office have extensive experience with the courts in Riley, Clay, Saline, Shawnee, and Wabaunsee counties. We can help you move through everything as efficiently as possible, and our ability to take on a multitude of small yet often burdensome tasks can give you peace of mind during a time that may involve some personal grief.
It's worth noting that having a will does not alleviate the need to go through the probate process. While the clarity provided by the deceased's last will and testament often helps probate go smoother, the only way to avoid Probate Court entirely is through an appropriately structured trust.
Call Addair Law at (785) 645-2732 or contact us online today. We serve both English and Spanish-speaking clients.
Probate works a little bit differently in each county. Generally speaking, however, people should prepare for a process that looks something like this:
Filing a petition: The probate process begins with filing a petition in the county where the deceased resided. This must be done within six months of their death. If the deceased had a will, it must be submitted to the court as part of the petition.
Notifying heirs and creditors: This step often involves publishing a notice in a local newspaper so that anyone with a claim against the estate is informed. Creditors have a four-month period to come forward and file claims for debts owed by the deceased.
Inventorying the estate: Our office can then be responsible for gathering and safeguarding all of the deceased’s property. This includes appraising assets such as real estate, personal belongings, and financial accounts. A complete inventory must be created.
Paying debts and taxes: After identifying all assets and giving creditors the appropriate time to come forward, estate funds are then used to pay off debts and any taxes owed.
Dealing with disputes: If disagreements arise between heirs or if someone contests the will, the court will hear these claims. Common disputes involve heirship claims or conflicts over the distribution of assets.
Distribute the assets: Once all debts, taxes, and disputes are addressed, the remaining assets can be distributed. This usually follows the directives laid out in the will or, if there is no will, according to Kansas intestacy laws.
Closing the estate: To complete the process, we can file a final accounting with the court. Our report will detail all financial transactions, including payments and distributions made during probate. After court approval, the estate is officially closed.
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Probate Lawyers You Can Rely On
Addair Law has served the Central Kansas Region since 2005, and we have lawyers who focus specifically on the issues related to estate planning, of which probate is one of the most basic. When you work with our attorneys, you can count on legal counsel who is deeply familiar with each step of the process, how that process differs from county to county, and how to navigate any disputes that might arise. There is very little we haven’t seen, and we understand what it takes to get you and your family through this process. The team in our Manhattan office is proud of the reputation we’ve built, and we welcome the opportunity to serve you next.
Call (785) 645-2732 today for a consultation. We’ll meet either via video conference or here in the office, whichever works best for you.
