Experienced Probate Attorney Serving Southeast Kansas
Losing a loved one is difficult enough without having to navigate Kansas’s complex probate system, too. Whether you are charged with administering a simple estate or find yourself in the middle of complicated probate litigation, my firm, the Law Office of Mark A. Werner, provides compassionate, experienced guidance through every step of estate administration in southeast Kansas.
With more than four decades of probate law experience, I help families in Crawford County and surrounding areas efficiently settle estates while minimizing stress, delays and unnecessary costs. I offer knowledgeable probate law guidance and efficient, professional service – i.e., a practical solution that will allow you to focus on working your way through the grieving process and moving forward with life rather than on dealing with legal issues.
Understanding Kansas Probate Categories
Kansas has three basic types of probate – simplified probate, full probate and ancillary probate. Simplified probate is just what the name implies, but these proceedings, termed a “Refusal to Grant Letters of Administration” and a “Determination of Descent,” can only be used if certain conditions are satisfied.
Full probate proceedings are required whenever an estate does not qualify for simplified probate and the decedent was a Kansas resident at the time of his or her death. The basic outline of steps involved includes:
- Filing a petition with the appropriate probate court
- Appointment of the personal representative (executor)
- Public notification to creditors, heirs, beneficiaries, etc.
- Collecting, inventorying and appraising all of the decedent’s assets
- Paying/settling valid claims against the estate, and federal taxes for estates with a value exceeding $15 million
- Distribution of any remaining assets in accordance with the decedent’s will or Kansas’ intestacy statutes
The last basic type is ancillary probate, which is necessary if a decedent who is a resident of another state dies and his or her estate includes real property situated in Kansas or some other type of immovable asset located here (oil or mineral rights, for example).
I handle all types of probate proceedings in Kansas, as well as solutions for avoiding probate whenever possible and probate-related litigation.
How Long Does Probate Take In Kansas?
The size of your loved one’s estate and whether you encounter any problems during the probate process will determine how long it will take. Nine to 12 months for a Kansas estate to finish probate is common. Generally, unknown creditors have four months from the first publication of notice to file a claim (although known creditors must do so in the first 30 days after receiving notice), so few estates finish the process in less than six months. Some estates can take 18 months or even longer to administer if there are challenges to the will, challenges by creditors or other factors involved that must be resolved.
Common Probate Challenges I Can Help You Resolve
Even if you’re committed to being a good probate administrator for your loved one’s estate, the probate process does not always proceed smoothly. I can apply my experience to quickly resolve common hurdles that can make probate difficult, including:
- Locating missing heirs or beneficiaries
- Representing you in will contests or disputes
- Fixing real estate title issues
- Settling disputes raised by creditors
Probate is a complex process for lay administrators. I can assess your situation and help you prioritize which parts of probate are likely to be most troublesome.
Get Qualified Help From A Crawford County Probate Attorney
My law office is located in the city of Pittsburg, in Crawford County, but my clients come from all walks of life and all parts of southeast Kansas. Whatever your particular probate needs, I can probably help and would welcome the opportunity to speak with you.
To make this happen, just call 620-206-4082 to request an appointment, or complete my online contact form.
