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Kansas Probate Lawyers

Frequently Asked Questions

How does a probate court work?

A probate court validates a deceased’s last will and testament as genuine, and you are appointed as the estate and probate trustee. Any executor should consider going to probate court if there is a will.

How soon should I apply to probate court?

According to probate law, executors must apply to the court if a deceased person:

  • Owned real estate, either on their own or as tenants in common
  • Has cars, motorbikes, RVs, trucks, boats, or trailers
  • Owned a business without a succession plan
  • Holds substantial bank accounts not held jointly with others
  • Has a bank, creditors, or investment company demanding proof of the executor’s legal authority.
Is it possible to bypass probate?

Probate is not necessary for all wills. Often, assets such as life insurance policies, stocks, and bonds, retirement plans, and other financial assets can transfer without probate court approval.