Probate Administration

At Minter & Pollak, LC, we are dedicated to supporting families through the often overwhelming experience of settling a loved one’s estate and we are here to guide you every step of the way.

Dealing with a loved one’s estate can be stressful, but you don’t have to go through it alone. The experienced probate attorneys at Minter & Pollak, LC are here to protect your rights, ensure legal requirements are met, and honor your loved one’s wishes. Because probate has strict deadlines and rules, it’s important to act quickly.

Understanding Probate in Kansas

Probate is the legal process used in Kansas to confirm a deceased person’s heirs and beneficiaries, settle debts, and distribute assets. The exact procedures can vary based on the size and complexity of the estate, and whether the individual left a valid will.

Although every situation is unique, the probate process generally includes the following steps:

Filing a petition – The estate’s personal representative (also known as the executor or administrator) files a petition with the court to start the process.
Proving the will – If there is a will, it must be submitted to the court and validated, giving heirs and beneficiaries the opportunity to contest it.
Notifying creditors – Official notice is sent to any creditors, who are given a limited time to submit claims.
Inventorying assets – The representative prepares a detailed list of assets, including property, belongings, and financial accounts.
Paying debts and expenses – Estate funds are used to settle outstanding debts and final expenses.
Distributing remaining assets – What’s left is distributed to heirs, according to the will or Kansas intestacy laws if there is no will.

How Long Does Probate Take?

Depending on the complexity of the estate, probate can take anywhere from a few months to several years, although many cases in Kansas are resolved in under a year.

Can Probate Be Avoided?

Yes, in some cases. Certain estate planning tools—like trusts or beneficiary designations—can help bypass probate entirely. Learn more on our Estate Planning page.