As you can see from our website, the attorneys at Gaughan & Connealy are highly committed to educating their clients and the residents of Olathe, Kansas. We offer a comprehensive electronic library of special reports covering numerous estate planning and probate issues. We also update our blog regularly in order to provide updates on the ever-changing laws in this field. Finally, our free estate planning and related workshops are always a valuable source of information. Essentially, it is our desire that Kansas residents stay informed. Below, you will find several links to useful resources relating to Olathe, Kansas probate.
We Proudly Serve Olathe Residents
Olathe, located in Johnson County, Kansas, is part of the Kansas City Metropolitan Area. It is the fourth most populous city in Kansas, with a population of more than 125,000 people in the last census. The city is bordered by Lenexa, Overland Park, De Soto, and Gardner. In Johnson County, District Court Judge Michael Joyce and Magistrate Judge Jenifer Ashford preside over probate cases. The probate division of the Court Clerk’s Office is located in the Johnson County Courthouse, on the 2nd floor. Here are a few resources that can be useful:
Probate Claim Against Estate form
Report of Adoption form
What you should know about probate
The primary goal of many estate plans is to preserve one’s estate for one’s family. Each state has its own laws governing how an estate is probated. There are several myths about the Kansas probate process, and those misconceptions often lead clients to have the wrong estate planning goals. Therefore, it is important for Olathe residents to be familiar with the probate process in Kansas. That includes knowing the truth about many of the common myths surrounding probate. Our probate attorneys can help to dispel those myths.
The basic steps of Kansas probate process
In order to begin the Kansas probate process, a petition needs to be filed in the county where the deceased resided at the time of death. After the petition is filed, the court will schedule a hearing and notice of that hearing must be published and mailed to all named heirs or beneficiaries. The person who is chosen to be the personal representative of the estate will take possession of the property included in the estate and create an inventory.
After notice of the death has been made, any creditors with legitimate debts will be given time to submit a claim for payment. Valid creditor claims will be paid from the estate before any other distributions can be made. The personal representative is also responsible for ensuring that all estate taxes are paid if any are due before any distributions can be made to heirs and beneficiaries. In order to complete the final step of the Kansas probate process, which is closing the estate, the personal representative will provide to the court an accounting of all transactions relating to the estate.
How long does the Kansas probate process take?
A very common concern many clients have is that their estate will be “tied up in probate” for years, making their families wait to receive their inheritances. While the Kansas probate process usually takes several months to complete, the length of time depends on the size and complexity of the assets involved. Regardless, there are certain steps that must be taken in every situation, so probate typically takes at least six months to finish. Our probate attorneys are familiar with those steps.
Probate is not always expensive
No matter the size of your estate or how complicated your assets may be, there will always be certain expenses associated with probate. However, not every estate will be extremely expensive. Some of the basic expenses you can expect include attorney’s fees, court filing fees, appraisal fees, bond fees, executor fees and mailing expenses.
Will the state of Kansas take the estate property?
The only time a person’s property goes to the state is when there are no surviving relatives. That situation is very rare. By having a will or trust, you can avoid this situation, though, and ensure that your loved ones receive your property pursuant to your wishes. Our probate attorneys can help you create your estate plan in order to avoid this situation altogether.
If you have questions regarding probate or any other estate planning matters, please contact the experienced attorneys at Gaughan & Connealy for a consultation. You can contact us either online or by calling us at (913) 262-2000. We are here to help!
