After a death occurs, family and friends need to know the Overland Park probate rules and processes. Probate is the formal legal process which normally takes place following a death. Unless estate planning has been done to allow assets to transfer via other means, most or all of a deceased person’s assets will be transferred through probate. This means that understanding probate becomes essential for those who will inherit and for those who wish to make sure that the wishes of the deceased person are respected.
Overland Park probate rules can be complicated, and many people do not understand the probate process or what it entails. The best way to make sure your rights are protected and that you fulfill your role appropriately during probate is to get qualified legal advice.
Parman & Easterday can provide comprehensive assistance to family members of the deceased, to those vested with responsibility for winding up the affairs of the estate, and to any other interested parties. To learn more about how probate in Overland Park works, give our Kansas probate lawyers a call today. You can also check out some key facts that you should be aware of about how the probate process works.
Key Facts About Probate In Overland Park
There is a lot to know about probate, but here are a few key facts to be aware of:
- Probate takes place in court. Unlike trust administration, where you only end up in court if there is a problem, probate always takes place in court. This is one reason why some people want to avoid the probate process by using other estate planning tools to allow assets to transfer in other ways.
- Probate has to happen where property is owned. For example, for those who own property in Overland Park, Kansas, probate will take place in Johnson County District Court in the 10th Judicial District of Kansas. If the deceased person had property owned in different locations, it is possible that there may be multiple probate processes that have to occur.
- Probate is required before new owners can inherit assets. Unless tools like trusts or pay on death accounts were used to facilitate asset transfers, virtually all assets have to pass through probate. This can sometimes be a problem if a family member is waiting for an inheritance to provide financial support.
- Probate takes time. In some cases, probate can take months or even years if a will is contested and litigation arises.
- Probate costs money. There are court fees, legal fees, and various other costs to be paid. For example, there are times when expert appraisers have to be paid to determine the worth of property. The costs associated with probate are one reason why some people try to avoid probate through careful estate planning.
- Creditors get the right to make claims. During probate, creditors have to be provided with notice of the death and of the right to assert claims on estate assets. If a creditor proves the deceased owed money, the debts may need to be repaid from the estate.
- An executor is in charge of overseeing probate. Executors have to take the necessary legal steps to get probated started, to protect property during probate, and to wind up the affairs of the estate. Executors are usually chosen by the deceased, in his or her will. If no executor is chosen, the court can appoint an estate administrator or personal representative.
- Executors have a fiduciary duty, which is the highest duty under the law, to act in the best interest of beneficiaries and the deceased when the will is being probated.
These are just a few key things that you need to know to understand what probate is, how it works, and what will happen after a death.
Getting Help from a Overland Park Probate Lawyer
A probate lawyer can provide invaluable assistance throughout the entire probate process. An attorney can offer the type of comprehensive advice needed by executors, by beneficiaries, and by family and friends. It is up to you to protect the interests of your deceased loved one, to make sure his wishes are respected, and to fight for your inheritance. Let us help.
Parman & Easterday has represented many clients in Kansas during probate proceedings, from simple proceedings to more complex situations where a will is contested. To find out more about the legal assistance we can offer, regardless of what your specific role in the probate process is, give us a call today at (913) 385-9400 or (405)-843-6100 or contact us online.