Affidavit under KSA 59-1507b

[Mary T]

My Father recently passed away in Kansas. Most of his estate will pass outside of probate given beneficiary designations, TOD deeds for real and personal property, etc. However, since his death, it has become apparent that several checks will be issued in the Estate of and there is his personal household property as well. My Father died testate, but the amount of his estate subject to the will is minimal. I understand that I can probably use a notarized affidavit under KSA 59-1507b to have property pass in a non-judicial proceeding, but I still have the will and am concerned that I need to do something with it. The probate statute in Kansas states that I could be held liable for not turning it over to the District Court. I asked the clerk of the Court if there was a mechanism for filing it just for my protection. (My father's estate would not qualify for filing the will with affidavit under Section 59-618). The clerk said she could not give me advice since she was not an attorney. Does anyone have any advice on procedures or documents concerning practices and procedure before the probate in these cicumstances. My thanks ahead of time.

 

[pojo2]

Does anyone have any advice on procedures or documents concerning practices and procedure before the probate in these cicumstances.

Yes, hire a local Atty versed in such matters who can look at all documentation and advise you. Any answer given here could never be counted on because one little word on all that other documentation could change everything.