PROBATE ADMINISTRATION SERVICES IN KANSAS CITY & SURROUNDING COUNTIES

When Should You Consult a Probate Attorney?​

Many families aren’t sure when it’s necessary to involve a probate lawyer. In general, it’s wise to consult an attorney anytime you are responsible for handling the estate of a loved one or if you have concerns about how an estate is being managed. Some of the most common reasons to seek help from a probate attorney include:

You were named as an Executor or Personal Representative: If you are responsible for managing the estate, you need to ensure every legal and financial requirement is met.

 

The estate includes real estate or complex assets:  Property, business interests, or investments may require court oversight and careful handling.

 

There is no will: When a loved one dies intestate (without a will) and probate is necessary, an Attorney can assist in proper administration of the estate to ensure compliance with Missouri law.

 

Probate was not initiated within one year of date of death: Depending on the facts of the case, as well as the applicable probate proceeding, an attorney may be required by law

 

The estate is large or involves significant debts: Larger estates often have tax considerations, creditor claims, and other complexities that may require legal guidance.

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You want to ensure the process is done correctly: Even for smaller estates, an attorney can help you avoid costly mistakes, delays, or compliance issues.

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What Property Goes Through Probate?

Probate property, also known as the Probate Estate, consists of all property owned by the decedent at death, except assets owned with another as a joint owner, or that had a beneficiary designation to someone at death.

For example, a bank account owned with another as joint owner will not go through probate but rather will remain owned by the joint owner. A bank account whose sole owner has passed away, but had a “pay on death” beneficiary listed on the account, will also not go through probate, but will pass outside of probate to the named beneficiary.

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Where Does Probate Take Place?

A probate proceeding usually takes place in the probate court of the county where the decedent lived at the time of their death. However, the venue may depend on the facts of the case, which is why it is important to consult with an Attorney to ensure that the venue is appropriately identified.

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Small Estate vs. Full Estate Administration

For small estates, those under $40,000, there is a simplified procedure that allows for a quick turnaround. This is an ideal option for families who need to settle a smaller estate quickly and with fewer court requirements.

For full estates over $40,000, the process takes 7 months at a minimum, as required by law, and may take longer for complex or contested cases. Whether you are in Kansas City, Liberty, or the surrounding areas, our attorneys make the process as smooth and efficient as possible.

 

Determination of Heirship

If someone had a Will that was not admitted to probate within one year of date of death, or when there was no Will, depending on the value of the estate, our firm can assist with a determination of heirship proceeding. This court process legally identifies and confirms the heirs entitled to inherit from the estate, providing a clear path for distributing property. We frequently assist families across Kansas City and nearby counties with these types of cases.

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Probate Costs in Missouri

Probate court costs and expenses are primarily determined by Missouri statute. Specifically, there are court costs such as filing fees and inventory fees, expenses such as publication costs, and the Court may also require a bond to be paid by the individual who is handling the probate matter. Attorney fees may be set by the Attorney, Missouri law, or by the Last Will & Testament, depending on the applicable probate proceeding and/or facts of the case.

 

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Why Choose Northland Elder Law?

With decades of probate experience, we understand the emotional and financial challenges families face during this process. Whether you need help with a small estate, a full probate administration, or a determination of heirship, our attorneys provide compassionate, efficient, and reliable representation.

We proudly assist families throughout Kansas City, including Liberty, Kearney, Gladstone, Parkville, North Kansas City, Blue Springs, St. Joseph, Independence, and the surrounding areas in Clay and Platte Counties.

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Frequently Asked Questions About Probate

 

What is probate, and why is it necessary?

Probate is a court-supervised process that gives the authority to manage a deceased person’s estate like paying debts, settling claims, and distributing property. Learn more about when probate is required in Missouri here.

 

Do all estates have to go through probate?

No. Some assets, such as jointly owned property or accounts with named beneficiaries, pass directly to the surviving owner or beneficiary. However, if the decedent owned property solely in their name, and there was no beneficiary designated, probate is typically required.

 

What is considered a “small estate” in Missouri?

In Missouri, estates valued under $40,000 may qualify for a simplified small estate process, which often moves much faster than full probate.

 

How long does the “full estate” probate process take?

In Missouri, due to the legal requirements involved, a full probate estate proceeding generally takes a minimum of seven months from the date of filing. However, but complex cases can take longer.

 

What is a “determination of heirship”?

If someone had a Will that was not admitted to probate within one year of date of death, or when there was no Will, depending on the value of the estate, a determination of heirship establishes who is legally entitled to inherit the estate.

 

Do I need an attorney for probate?

It depends on the type of probate proceeding that is required. However, even for those matters that do not require an attorney, an experienced probate lawyer can ensure the process is completed correctly and help avoid costly mistakes.