Law Offices of Angela Habeebullah
Probate/Estate Laws
Probate/State Laws in Missouri & Kansas
Probate is a sometimes lengthy, often stressful, and nearly always a confusing process for all involved. Following the death of a loved one, the last thing you may want to deal with is the distribution of your loved one’s assets. However, probate is an important process that must be started within a set timeframe. Here is an overview of probate laws in Missouri and Kansas:
The Probate Process
Probate is the court-supervised process of distributing the assets of a deceased individual. Probate is not always necessary. It will generally be required when the decedent dies without a will or dies with a will, although the probate process will be expedited where a valid will exists.
Probate can be broken down into two scenarios: those who die without a will and those who die with a will.
Probate When a Will Does Not Exist
When someone dies without a will, known as intestate, the court is forced to assume the responsibility of identifying heirs and distributing the property. The court will select the close heirs, such as surviving spouses and children, as dictated by state law. If immediate family does not exist, the court will look to other relatives such as siblings, parents, and grandparents. When no relatives can be located, the state may be awarded the unclaimed property.
Probate When a Will Does Exist
After an individual dies, family members must first determine if a will exists and where it is located. Generally, individuals will place their wills in safe deposit boxes. Once a will is located, it must be filed in the probate court by the individual named as the executor, personal representative, or trustee.
If you have been appointed as the executor of the will, it is best to consult with a probate attorney as soon as possible. The executor plays a vital and demanding role in the probate process. A licensed probate attorney will walk you through this complex process and ensure you comply with important probate laws.
Once the will is filed in the probate court, the court must determine its validity. If you have doubts as to its validity, it is best to consult with a probate attorney who can contest the will on your behalf. The executor will then be appointed, as named in the will or if not named, as the court sees fit. The executor must notify all named beneficiaries of the existence of the will and create an inventory of the estate. All claims against the estate must be paid, along with estate taxes. The remaining assets will then be distributed.
Probate Can Be Avoided
As you can see from the overview above, the probate process is complex, lengthy, and costly. Several methods exist to help your loved ones avoid the probate process in the event of your death. A skilled estate planning attorney can discuss your options and help you prepare crucial financial planning documents such as living trusts and joint tenancy with the right of survivorship agreements.
Probate FAQ
In Missouri or Kansas, when a loved one dies, his or her estate may go through the process of probate. Probate is a court-supervised legal process by which the assets of the deceased are distributed. Not all estates will go through probate. Probate will generally take place when the person who dies leaves behind a will or if the deceased dies without a will, or “intestate.”
If a will does exit, the court, through probate, will prove the validity of the document and its terms. If, however, the deceased owned his or her assets through a properly drafted and funded living trust, probate will generally not be necessary.
Probate is a lengthy process. It can take anywhere from six to 24 months. The length of the probate period will depend on the size of the estate and its complexities. Speaking with a qualified probate attorney is the best course to take, as each case is different and may present more challenges than others.
The probate process can be broken into six general steps:
- Validation of the will
- Appointment of an executor
- Creation of an inventory of the estate
- Pay all claims against the estate
- Pay estate taxes
- Distribute the remaining assets
The probate process can be broken into six general steps:
- Validation of the will
- Appointment of an executor
- Creation of an inventory of the estate
- Pay all claims against the estate
- Pay estate taxes
- Distribute the remaining assets
The executor is responsible for initiating probate proceedings and overseeing them to completion. Typically, the decedent names an executor in his or her will. Occasionally, however, the executor is not named, deceased, or otherwise unable to serve in this capacity. In these scenarios, the court must appoint an executor.
The executor has several duties and should expect to exert considerable effort in fulfilling his or her task. The role of executor is complicated. You must first actually initiate the probate proceedings. You are then required to notify all interested parties, which includes those named in the will as well as those who may have a right to inherit had the will not existed. Your task is next to see the probate process through completion, including verifying the will and paying all debts and taxes. Given the demands of the executor, it is wise for an executor to consult with a knowledgeable probate attorney to ensure you comply with all probate laws.
Given the cost and time involved in the probate process, many individuals seek estate planning techniques to spare their loved ones from going through probate upon their death. There are many options, including living trusts and joint tenancy with right of survivorship.
If you have been named as an executor to an estate, or believe you may be entitled to assets following the death of a loved one, an experienced probate attorney can assist you with the probate process. Further, if you have questions about what would happen to your estate upon your death, or want to create a trust, will, or joint tenancy agreement, an estate planning attorney can be a wealth of information.