Probate Attorneys in Wichita, Kansas

After you pass away, probate is the legal process that transfers your estate to your beneficiaries and pays your debts and taxes. How does probate work? What assets are subject to it? A Wichita probate lawyer at Larson, Brown & Ebert, P.A. can answer your questions about probate.

It’s a lengthy process. Probate entails a complete review of the decedent’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries. A probate court oversees the process.

A Wichita probate attorney at Larson, Brown & Ebert, P.A. can answer your questions about probate and provide the guidance and legal services you and your loved ones may need. Call us at 316-530-8621 to schedule a consultation with one of our experienced probate attorneys.

How Long Can Probate Take in Kansas?

A Wichita probate lawyer can’t make the process move faster, but a lawyer can ensure you don’t make mistakes that delay it unnecessarily. In Kansas, probate typically takes 6 months to a year. More complicated or contested estates can take 18 months or longer. Probate deadlines include:

The probate petition must be filed with the court within 6 months of the death.
Creditors must be notified within 30 days after the probate petition is filed.
Creditors have 4 months from the date of notice to file claims against the estate.
State and federal tax payments are due within 9 months of the death.

No estate with assets beyond its debts and family allowance may be closed before 6 months after the date of death. The court determines and orders the amount of the family allowance after considering the estate’s condition.

When Should You Contact Larson, Brown & Ebert, P.A.?

Shortly after someone’s death, the surviving spouse should contact a probate attorney. If there is no spouse, it should be the decedent’s closest surviving relative. You should bring a copy of the decedent’s will to your first consultation with a Wichita probate attorney.

Completing legal paperwork is the biggest part of the probate process. Larson, Brown & Ebert, P.A. will provide you with personalized advice, determine if probate is required, explain how it works, and, if necessary, guide you and your family through the probate process.

What is Excluded From Probate?

Not everything owned by a decedent is subject to probate. Non-probate assets transfer directly to the decedent’s named beneficiaries without probate court interference. In Kansas, non-probate assets may include:

assets with transfer-on-death provisions (such as IRAs, 401Ks, and life insurance)
checking and savings accounts and CDs with a pay-on-death provision
property owned in joint tenancy with a right of survivorship
assets held by trusts

Modest estates may sometimes avoid probate if you file a small estate affidavit or ask the court to refuse to grant letters of administration. Another option is to request simplified administration. A probate lawyer at Larson, Brown & Ebert, P.A. can explain which option is right for you.

Can or Should You Avoid Probate?

There are three reasons why many people choose to protect their estates and beneficiaries from probate. First, probate ties up estates for months, sometimes more than a year. A second reason to avoid probate is the expense. Probate can dramatically reduce an estate’s value.

The lack of privacy is a third reason to avoid probate. It’s an open court proceeding, on the public record, so anyone can learn what your beneficiaries have inherited.

Should You Establish a Trust?

A revocable trust is a popular, practical tool for avoiding probate. With a revocable trust, you transfer the legal ownership of your assets to the trust while retaining control over them during your lifetime.

A trust can remove the legal requirement for probate, but not everyone needs one. If it’s right for you, an estate planning lawyer at Larson, Brown & Ebert, P.A. can help you prepare a revocable trust.

Let Us Advise You and Protect Your Assets

At Larson, Brown & Ebert, P.A., we understand that our Wichita-area clients have unique needs and goals. We also understand how vital it is to protect the assets you’ve worked for so they pass to your beneficiaries without complications when that time arrives.

Preparing a will or a revocable trust may be the first step you should take. Call our law office at 316-530-8621 to schedule your initial consultation with the probate and estate planning professionals at Larson, Brown & Ebert, P.A., and let us assist you with preparing for the future.