The below article is meant for informational purposes regarding the probate process in Kansas. Rockpoint Probate Funding DOES NOT provide funding services for estates based in Kansas.
The probate process in Kansas is a necessary legal step to verify the will or estate distribution wishes of a decedent. However, because having an estate go through probate court is often time consuming, completing the process can be frustrating for heirs. Kansas probate takes at least four months, but it can take even longer when the estate requires a complex settlement process.
Steps To Settle an Estate in Kansas Probate Court
When a loved one dies, and the estate must go into probate, the court follows a series of procedures.
After receiving the will of the decedent — or a petition to go through probate when the decedent didn’t have a will — the court names an executor. This person will manage the process of going through Kansas probate. The steps involved include the following:
- Publishing a public notification of the person’s death in a local newspaper, alerting heirs and creditors.
- Directly notifying any known heirs or creditors about the death.
- Taking inventory of the estate’s assets, including assigning an estimated value to them.
- Paying any justified debt claims against the estate after a review, including creditor claims and taxes.
- Distributing the remaining assets to the heirs.
- Closing the petition in Kansas probate court.
Kansas allows for executor compensation. This means the executor receives payment for the work required to manage the probate process for the estate. However, Kansas Statute 59-1504 doesn’t specify the amount of this payment other than it should be “just and proper.” The steps the executor must take can require quite a bit of time.
How Long Does It Take To Settle an Estate in Kansas Probate?
The minimum amount of time for an estate to pass through probate court in Kansas is four months. Creditors receive up to four months to make a claim against the estate after receiving the public notification.
Should creditors receive a denial of a claim against the estate and choose to fight the decision, the estate will take longer to settle. Additionally, if the beneficiaries are disputing the will’s legitimacy, the probate process will lengthen. Your case could remain in probate for a year or more when disputes arise.
What If My Loved One Dies Without a Will?
When your loved one dies without a will or any other form of estate planning, the estate goes to Kansas probate court. At that time, Kansas Statute 59-501, which defines intestate succession, goes into effect. The intestate succession law specifies which people become heirs of the estate and what percentage of the assets they receive.
Because the estate is in probate during intestate succession, the court appoints an executor.
Without a will, potential heirs not included in the intestate succession law may dispute that they are not receiving any assets from the estate. Such disputes could cause the case to take much longer. If you are one of the heirs mentioned in the intestate succession law, meaning you have a legitimate claim to the estate, you may still have to wait a year or more for your money.
You could seek a cash advance from Rockpoint Probate Funding for the assets you will receive. This gives you access to some of the money while the Kansas probate process continues.
Ways To Bypass Kansas Probate Court
A few options exist to help heirs avoid having the estate go through Kansas probate:
- Living trust: If your loved one set up a living trust in the past, all of the decedent’s assets will be in the trust at the time of death. The trust then has instructions for distributing the assets. Kansas Statute 58a-401 discusses the legal process for using a trust.
- Naming beneficiaries: Some assets, such as a life insurance policy, include a beneficiary. Upon the person’s death, these assets automatically transfer to the named beneficiary.
- Joint ownership: In cases where the decedent owns assets with at least one other person, those assets automatically transfer to the surviving owners. You may need to have the death certificate available to complete the transfer legally.
- Simplified estate: If your loved one had a small estate, it’s possible to use the Kansas Simplified Estates Act to avoid probate. This process is similar to what other states call the small estate affidavit. Estates with a total value of less than $25,000 and that only consist of personal property can qualify to skip Kansas probate through the act.
For some estates, you’ll have a blended process. Certain assets can pass directly to a trust or beneficiaries. Other assets may need to go to Kansas probate.
Rockpoint Probate Funding Can Help When You Need a Cash Advance on Your Inheritance
Unfortunately, Rockpoint Probate Funding is unable to fund in Kansas at this time, but we are able to fund in many other Midwest states.
Rockpoint Probate Funding provides cash advances to heirs whose inheritance remains tied up in probate court. We do not charge hidden fees or add unexpected qualifications to the cash advance. You know exactly what the financial terms of the transaction are at the time you accept the cash advance.
For more information, call Rockpoint Probate Funding today at (888) 263-8588. We can discuss your situation for free.