The probate process in Overland Park will take place after a death has occurred when there are assets to be transferred to new owners. In certain cases, the probate process can be avoided. This can occur, for example, if the deceased person had made a comprehensive estate plan to transfer assets through the trust administration process, through pay-on-death accounts, through joint ownership, or through other means. Most often, however, probate is necessary to facilitate the transfer of assets and to wind up the affairs of the estate.
When going through the probate process, it is important for parties with an interest in the proceedings to be represented by an experienced attorney. An executor of an estate should definitely have an attorney, because the executor has a fiduciary duty to fulfill his responsibilities and usher the estate through the probate process while managing estate assets.
In addition to the executor of an estate, heirs or beneficiaries should also be represented by a legal professional in order to ensure that their inheritance is as protected as possible. Finally, anyone who wishes to contest a will should have an attorney providing advice on how to prove that the last will and testament is not an accurate reflection of the wishes of the deceased.
Parman & Easterday can offer help to anyone who is going through probate, so you should give us a call as soon as possible. If your loved one passed away while living in Overland Park or if your loved one owned property in Overland Park and probate is taking place within this area, you can also make use of the Overland Park probate resources that our legal team has assembled below.
General Overland Park Probate Resources
Some of the probate resources that you may wish to take advantage of if you are involved in probate proceedings in Overland Park include the following:
- The website of the Johnson County District Court in the 10th Judicial District of Kansas: This court is the court with jurisdiction over probate matters. The court website provides information on the fees associated with proceedings in probate court, including guardianship and conservatorship proceedings, testate and intestate administration, and probating of foreign wills.
- The Kansas Bar Association’s Probate guide: The Kansas Bar Association has provided a detailed explanation of what probate is, how the process works, what is involved in probate, and why probate is necessary.
- The Kansas Probate Code: The Kansas Probate code is found in Chapter 59. There are different articles of the probate code that establish the laws that apply in different circumstances. For example, Article 6 sets forth the laws on wills, while Article 6a explains the rules for the spousal elective share, and article 9 establishes the rules for intestate estates when someone passes away without having any heirs. You can learn all about the laws that govern the probate process by reading the statutes found within the probate code.
While these resources can give you a lot of important background information on how the probate process works and what laws govern probate in Kansas, understanding and applying the rules to your particular situation can still be difficult. You don’t want any mistakes or problems during probate proceedings so you should reach out to an experienced attorney to find out what your options are for getting personalized help throughout the entirety of the probate proceedings.
Estate Tax Resources
In certain cases, estate tax will be owed on an estate. It is important to understand the rules for estate taxes so you can determine if taxes are owed, how to calculate the value of estate tax, and what is required when it comes to the payment of taxes after a death. Some of the resources that can help you to find out tax rules after a death include the following:
- The website of the Kansas Department of Revenue: The Kansas Department of Revenue provides information on the rules for estate tax in the state. The Department of Revenue indicates that the Kansas estate tax was repealed for the estates of decedents who passed away after January 1, 2010.
- The IRS web page on federal estate taxes: The IRS provides comprehensive information on estate taxes that are owed to the federal government after someone has passed away. The IRS webpage details the exempt amount that you are allowed to pass tax free. This amount changes annually and for 2018, it is permissible to pass on up to $5.6 million in assets without having to pay federal estate tax. The IRS website also sets forth the rules for calculating the amount of estate tax that is due upon a death and the method of calculating the taxable value of an estate to determine if estate tax is due and in what amount.
Parman & Easterday can assist the executor of an estate with filing required tax forms and can help those who are making an estate plan to try to reduce or avoid having to pay estate tax after passing away.
Getting Help from Overland Park Probate Attorneys
Probate attorneys at Parman & Easterday can provide help to clients in Overland Park who need assistance going through the probate process. This process can take around a year to complete, although the specific timeline will vary depending upon the complexities of the estate and whether anyone wishes to contest a will. You need to make sure that probate goes as smoothly and quickly as possible, and that assets are kept safe until the new owners are able to take possession. Our legal team will help you with all of the legal issues involved in probate so the inheritance the deceased left behind is kept safe for heirs or beneficiaries.
To find out more about how Parman & Easterday can help you with the probate process in Overland Park, join us for a free seminar. You can also give us a call today at (405) 843-6100 or (913) 385-9400 or contact us online for personalized assistance with the probate process.