Probate House we purchased in Overland Park.

The Probate Process

Dealing with the probate process can be an overwhelming experience, especially when you are already coping with the loss of a loved one. The probate process involves validating the will, appointing an executor, gathering assets, notifying creditors, paying debts, handling tax returns, and ultimately distributing the remaining assets to the beneficiaries. In this guide, we will walk you through the essential steps of the process, offering you a general idea of what to expect during this challenging time.

Validating the Will

The first step in the probate process is to validate the will left by the deceased. The probate court will review the will’s legitimacy, and a petition will be filed with the court in the location where the decedent lived or owned property. If the will is deemed valid, it will serve as the guiding document for the estate’s distribution. In cases where no executor is named, the court will appoint one, typically a spouse or child of the deceased, to become the legal representative of the estate.

Executor Of The Estate

Typically, the departed will specify who they are leaving in charge as executor of their estate. If one is not listed, the court will appoint one. This will typically be the spouse or the child of the deceased. Whoever is named as the executor of the estate will become the legal representative in matters going forward.

Gathering of Assets

The executor of the estate is responsible for identifying and gathering all assets belonging to the deceased. This includes tangible assets such as collectibles, real estate, bank accounts, and non-tangible assets like bonds and investments. In some instances, an appraiser might be involved to determine the “date of death” values of the assets. The court will require a comprehensive list of all assets, their respective values, and the methods used to determine those values.

Notifying Creditors and Paying Debts

After the passing of an individual, it’s essential to notify their creditors. The executor is responsible for publishing a notice of death, informing creditors of the decedent’s passing. Creditors then have a limited period to file claims against the estate for any outstanding debts. The executor must diligently pay off valid debts, including those from creditors and any final arrangement costs, as well as medical bills or other outstanding items before distributing assets.

Handling Tax Returns and Estate Taxes

The executor is also tasked with filing the deceased’s personal tax returns for the year of their passing. Additionally, the executor must settle any estate taxes due within approximately nine months after the individual’s death. Sometimes, assets from the estate may need to be liquidated to cover these taxes, which can reduce the overall value of the assets available for distribution to the heirs.

Distributing Assets and Trust Management

Once all creditors have been informed, debts paid, and taxes handled, the executor can proceed to distribute the remaining assets according to the instructions in the deceased’s will. If any beneficiaries are minors, the executor will establish a trust to manage their share of the assets until they reach the age of ownership.

Navigating the probate process in Kansas City requires patience, attention to detail, and legal understanding. It can be a time-consuming, expensive, and stressful process, especially during an already difficult period. To make the probate process more manageable and potentially save your heirs time and money, consider consulting with an attorney to explore options for avoiding probate when putting your own estate in order. Remember, seeking professional advice can provide valuable guidance and support during this challenging time.