Is Probate Necessary? Help Your Clients Understand When It’s Required

November 2, 2024

At the Law Office of Andrew Rowe, P.A., we often get asked whether probate is necessary when a loved one passes away. In Kansas, the answer depends on the type of assets and their value.

Let’s break it down simply so you can help your clients know when probate is required—and when it’s not.

What Is Probate?

Probate is a legal process where a person’s assets are transferred to their heirs, and debts are settled after they pass away. Some estates need to go through probate, but not all. Knowing the difference can save time and stress for families.

When is Probate Necessary?

  • Assets in the Deceased’s Name Only: If someone owned assets solely in their name, probate is usually required to transfer them.
  • Estates Over $75,000: If the estate is worth more than $75,000, Kansas law typically requires probate.
  • Real Estate: If the decedent retains any interest in real estate, regardless of value, probate will be necessary to transfer the real estate.
  • Contested Wills or No Will: If there’s a dispute about the will or an aspect of administration, probate is necessary to resolve these issues.

When is Probate NOT Necessary?

  • Designated Beneficiaries: Assets like life insurance policies and retirement accounts with named beneficiaries skip probate.
  • Jointly Owned Property: Property held with the right of survivorship automatically goes to the surviving owner without probate.
  • Small Estates: Kansas offers a simplified process for estates under $75,000 that do not contain real estate, avoiding probate.
  • Assets in a Trust: If assets are in a living trust, they bypass probate altogether.

How We Can Help

At the Law Office of Andrew Rowe, we’re here to guide you through Kansas probate law, whether it’s navigating a contested will or assisting with estate settlement. We also provide estate planning services to help avoid probate altogether.

If you or someone you know is managing a loved one’s estate, contact us today at 316-202-0131. We’re available for convenient Zoom consultations to help you through the process.