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If there is no will or other estate-planning document, the state has laws that determine how to pass on the deceased's property. However, not all property is subject to probate. Some types of property and assets will not be distributed via probate. One such asset is life insurance.
Filing must happen within 6 months after the date of death. Persons having knowledge and access to a will may offer it for probate at any time within the 6 months following the death.
Kansas probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
However, most assets held in the sole name of the deceased person require probate before being transferred to the beneficiaries named in a will. If the funds in the estate are $40,000 or less, no probate is necessary and all that is required is an affidavit from the heir(s) and a copy of the death certificate.
Every executor and administrator shall have nine (9) months from the date of his or her appointment for the settlement of the estate.
It's not uncommon for a probate lawyer to cost up to five percent of an estate's value in Kansas.
Kansas probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.