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Probate is the court supervised process of identifying and gathering the assets of a decedent, paying the deceased individual’s debts, and distributing all assets to eligible beneficiaries. Probate proceedings are required to ensure that a deceased individual's debts are properly paid off and all financial affairs are concluded, and to ensure that assets properly pass to the correct heirs or beneficiaries. This is especially important where there is no will to follow. However, probate is also required even where a valid will is available, which goes against a common misconception that having a will eliminates the need for probate.  What a Will can actually do is make the probate process easier by providing clear instructions for the court to follow when distributing a deceased individual’s assets to his or her loved ones. 

In Kansas City these proceedings are governed by the Missouri Revised Statutes and held in a specialized probate division of the Circuit Court of Jackson County, Missouri. This allows judges experienced in probate matters to oversee the process.

When a family member passes away, those left behind face an array of necessary but intimidating legal steps and processes. If the decedent had a valid will in place, the process may be relatively straightforward from a legal perspective but still procedurally complex. If there was no will or there are serious questions regarding its validity, experienced legal counsel is essential. 

Special Situations

Every estate is as unique as the person who has passed away. There are many special situations that we have navigated, many times over.

1. Some estates are insolvent – we know how to negotiate with the creditors to reduce the debts and get the best results for you
2. Some estates have property that is hard to sell – we know how to work with the mortgage bank to prevent foreclosure
3. Some family relationships are complicated – we know who is legally entitled to what, and how to negotiate to reach a result that makes everyone happy

If you have a family member or close relative who recently passed away, or know that you are the intended beneficiary of a deceased’s assets, you may benefit from the advice and representation of an experienced and knowledgeable probate attorney. Lewis Leflar and Sullivan Estate Law are equipped to handle a wide variety of probate matters. We have experience helping clients deal with issues as simple as inheriting property from a parent, and as complicated as administering an estate across state lines. No matter the level of difficulty, Lewis Leflar is prepared to provide clients with the personalized attention and careful guidance necessary. To schedule a free consultation to discuss your probate issues, call our Overland Park office at (913) 663-3159 or contact us online.