Best Probate Lawyers in Wichita

FAQs

• What is the non-emergency contact number for the local police station in Wichita, Kansas?

  The non-emergency phone number for the Wichita Police Department is (316) 268-4221.

• Where can I get a copy of police reports for incidents related to my case in Wichita, Kansas?

  If you need to obtain a police report in Wichita, there are three available methods. You can request it by phone by contacting the Records division of the Wichita Police Department at (316) 268-4186, visit the city hall at 455 N Main Wichita, KS 67202, or send a mail request to the aforementioned address.

• What are the grounds for contesting a will in Wichita?

  The court has the authority to nullify a will either entirely or partially. In the case of partial invalidation, the assets affected will be distributed according to the inheritance laws of Wichita. However, if the court invalidates the entire will, the entire estate will be subject to inheritance laws. Potential grounds on which an heir can challenge the validity of a will include:

  • Improper execution of the will
  • Coercion
  • Undue influence
  • Mental incapacity
  • Forgery
  • Fraud and misrepresentation

• Is it necessary for single people in Wichita to have a will?

  While having a will is not obligatory in Wichita, there is a significant rationale for having one, even if you have no spouse, children, or dependents. Without a will, the government will be responsible for determining the fate of your assets. By having a will or trust, you have the opportunity to control the distribution of your estate according to your wishes. This allows you to designate specific individuals, such as friends, family members, or beloved charities, as recipients of your financial resources and property.

• Is it mandatory for every estate to go through the probate process in Wichita?

  In Wichita, probate is typically required for the majority of estates before the executor can distribute the assets. However, if the estate consists solely of personal property and is valued at $25,000 or less, probate is not obligatory. Nonetheless, it is advisable to file the will with the court even if probate is not required, as this ensures a record in case any additional property of the deceased is discovered at a later time.

• Which properties of a deceased person in Wichita are not subject to probate?

  Not all property owned by the deceased in Wichita goes through probate. For instance, life insurance proceeds go directly to the designated beneficiary without probate unless the beneficiary is the estate or executor. Surviving joint tenants are automatically given survivorship rights over jointly owned property. A bank account with a "pay on death" provision is directly transferred to the named individual. Transfer on Death provisions directly apply to securities, titled vehicles, and real estate. Property that is not subject to probate will not be distributed in accordance with the decedent's will, thereby invalidating their intended property allocation.

• What are the reasons for hiring a probate attorney in Wichita?

  In situations such as complex estates, lack of a will, or disorganized estates, it may be necessary to hire a probate attorney in Wichita to resolve the issues at hand. Disputes among heirs or contests over the will can significantly increase the duration of the probate process and the stress it can bring. If you find yourself involved in a disputed estate, it is advisable to seek legal assistance. Additionally, if there is no will and you have been assigned as an executor, you should retain the services of an attorney to guide you through your responsibilities.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.