Best Probate Lawyers in Lawrence, KS

FAQs

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

  Calls for non-emergency police assistance should be made to the Douglas County dispatch office at 785-843-0250.

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

  Contact the Records Division of the Lawrence Police Department if you wish to obtain incident reports related to your case. If the record is open and available, make your request in person or email your request to recordrequest@lkpd.org

• Is a probate lawyer necessary for the personal representative of an estate in Lawrence?

  Kansas law does not necessarily require the personal representative of an estate in Lawrence to retain an attorney. However, a probate attorney can help address the legal complexities of resolving an estate and complying with the fiduciary duties of a personal representative. Early in the estate administration process is the best time to consult with a lawyer so that proper measures are made for the court appointment of the personal representative and to assess what method will be required for estate administration.

• Does the court require a probate process for every estate plan in Lawrence?

  Not all assets in Lawrence are subject to probate. Property and assets that do not go through probate include the following:

  • Property possessed by the decedent as a joint tenant with a right of survivorship in another person or persons 
  • Assets placed in a living trust during the decedent's lifetime
  • Assets that are automatically transferred upon death due to a beneficiary designation, such as a life insurance policy or a retirement account
  • Financial accounts and securities with transfer-on-death or pay-on-death provisions

• What happens to your assets if you have passed away without a will in Lawrence?

  If you pass away without a will in Lawrence, your assets will be considered as dying intestate, wherein the state takes responsibility for dividing assets among descendants via a probate court. Only solely-owned property of the deceased is subject to probate if they did not leave a will. Other assets, such as a living trust or life insurance policy, retirement accounts or 401(k)s, joint property with a right of survivorship, and property listed as pay-on-death, can be distributed before intestate succession.

• What are the valid reasons for a will contest in Lawrence?

  You are eligible to challenge a will if you are a beneficiary or someone who would have received property under the state's rules for "intestate succession." Some valid reasons to contest a will in Lawrence are the following:

  • Incorrectly excluding a spouse or kid from a will.
  • The testator's incapacity to make the will.
  • Technical errors, such as modifying a will without two witnesses or distributing property that is not part of the estate, can invalidate it under Kansas law.
  • Forged wills or deceived testators.
  • Unknown will revision.

• When someone dies in Lawrence, how long do their heirs have to file for probate?

  The heir must file for probate in Lawrence within six months of the decedent's date of death. Additionally, any interested party with access to a will has six months from the date of death to submit it for probate. Death tax returns and payments may be due no later than nine months after the decedent's date of death. All debts, taxes, and fees can be settled before the six-month mark for assets with a value no more than the law permits.

• 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.