The probate process can be a complicating factor for both people creating estate plans and those looking to inherit property. Probate is the process whereby the state will oversee the administration of a will and ensure the payment of debts.
A Pottawatomie County probate lawyer could help explain this often complex and confusing process. A knowledgeable estate planning attorney could assist with crafting estate plans that minimize the effect of probate as well as helping to guide administrators and heirs to perform their roles and receive the full value of their rights under the law.
Probate is the process whereby a court oversees the administration of a decedent’s estate. While this process will take place after most people’s deaths, the court will never act on its own to open a case. Under Kansas Statute § 59-2202, any interested party must petition the court to open a probate case.
The goal of probate is to ensure the proper distribution of a decedent’s assets. In most examples, this involves authenticating a decedent’s will, nominating an executor to oversee the estate, and ensuring that an executor properly fulfills their obligations to the estate and Kansas state law. A Pottawatomie County probate attorney could provide more information about this process and assist with the creation and submission of official petitions to local courts to initiate a probate case.
Probate can impact multiple people connected to a decedent. For heirs, the outcome of probate will determine their property rights to the estate, while those named as beneficiaries will have an interest in seeing a court authenticate the document. On the other hand, people who would stand to inherit if the will did not exist may wish to contest the validity of the document.
Even people who are not heirs to an estate may have a stake in the probate process. Executors of estates have a duty under the law to properly administer to an estate. Only by understanding the probate law and their specific duties are they able to adequately serve in this role. A seasoned probate lawyer in Pottawatomie County could help both potential heirs and executors determine their rights and duties under state law and work to uphold those rights in probate court.
The probate process has a reputation of being a complex and lengthy procedure. Unfortunately, this process is usually a requirement after a person’s death. Thus, it is essential to remember your rights and obligations during this important time.
For heirs and potential heirs, this is the time to ask a court to authenticate a will. A Pottawatomie County probate lawyer could help to argue that a will is genuine, that another, more recent will exists, or that a will was the product of duress or fraud. For executors, an attorney can assist you in fulfilling your duties under the law to avoid any potential future legal entanglements. Schedule a consultation today to learn how our team of experienced lawyers might be able to help you.