Probate is a very complex and complicated subject to get your head around. Probate is a legal term for the distribution of an estate that is left by a decedent. The will can be assessed by a probate court as to its validity and upon judicial approval the will is then handed legally to the executor to carry out the decedent’s wishes. Generally, the complexities of probate come with how the decedent’s property is distributed. Some of the property will be contractually assigned to another person and therefore will have no effect on the probate process. For instance, a property that is perhaps the marital home and is jointly owned by the decedent’s survivor will not count in the process. Also, any properties that are held in trusts—irrevocable or revocable—also avoid the probate process.
One of the main points of probate that people have trouble understanding is when a person dies intestate. This relates to if the person owns property but dies without making a will. If any part of their estate is jointly owned or part of a joint tenancy, this does not involve the probate process. Any court that as the jurisdiction to probate the decedent’s estate will administer the disposition of the properties of the decedent, namely, all goods, belongings, valuable objects, money or land.
Are We Still in Kansas?
A probate attorney Wichita KS must follow Kansas probate law while representing their client. The probate court will generally appoint a probate executor—known as an administrator—to handle the distribution of the belongings. Any administrator or executor can receive monetary compensation for completing and carrying out their duties. Some probate courts ask for the executor to provide them with a ‘fidelity bond’, which is a type of insurance protection to cover for fraudulent acts or losses.
Anyone can contest the validity of a will or an intestate death. This can be challenged in a court and the claimant may take it to court to prove, for example, that the decedent was not of sound mind when the will was written. Also, if the representative, administrator or executor does not comply with all the duties, other persons can petition to have them removed from their duties and appoint another executor to carry out the terms of the will or probate.
To find a probate attorney contact Fleeson to find out how they can help with your situation or your relative’s situation after a death.
