Understanding Timelines, Delays, and What Families Can Expect
When a loved one passes away, their estate often needs to go through the probate process. Probate is a legal proceeding used to settle debts, distribute assets, and ensure the decedent’s wishes are honored.
One of the most common questions families ask is: How long does probate take? In Kansas and Missouri, the answer depends on several factors, including the size and complexity of the estate, whether a valid will exists, and whether disputes arise.
Average Probate Timelines in Kansas and Missouri
Probate timelines vary by state and by the circumstances of the estate.
Kansas: A straightforward probate case typically takes six months to one year. More complex or contested estates can take 18 months or longer.
Missouri: Probate usually takes over one year, with contested or complex estates often extending two years or longer.
Step-by-Step Probate Timeline
Below is a general overview of how the probate process unfolds.
1. Filing the Probate Petition (0–2 Months)
Probate begins when the executor or a family member files a petition with the probate court in the county where the decedent lived. This includes submitting the will, if one exists, and requesting appointment of a personal representative.
2. Appointment of the Personal Representative (1–3 Months)
The court reviews the petition and formally appoints the personal representative. If the will names an executor, the court typically honors that request unless objections are raised. If there is no will, state law determines who has priority.
3. Notice to Creditors (2–6 Months)
The personal representative must publish a notice to creditors in a local newspaper and notify known creditors directly.
In Missouri, creditors generally have six months from the date of publication to file claims. In Kansas, creditors typically have four months from the first publication date.
4. Asset Collection and Valuation (3–6 Months)
All estate assets must be identified, collected, and inventoried. This may include bank accounts, real estate, vehicles, and personal property. Appraisals may be required for certain assets.
5. Paying Debts and Filing Taxes (4–9 Months)
Valid creditor claims, funeral expenses, and outstanding taxes must be paid before any distributions occur. Final income tax returns are required in both Kansas and Missouri.
6. Distribution of Assets and Closing the Estate (6–12+ Months)
After debts and taxes are resolved, remaining assets are distributed to heirs or beneficiaries. The personal representative then submits a final accounting and requests that the court formally close the estate.
Factors That Can Delay Probate
Several issues can slow down the probate process, including:
- Disputes among heirs or beneficiaries
- A missing or contested will
- Unclear or difficult-to-locate assets
- Real estate that must be sold
- Out-of-state property requiring ancillary probate
- Missed deadlines or incomplete filings
How Our Office Can Help
Probate can be stressful and time-consuming, especially while grieving a loved one. Our firm helps families throughout Kansas and Missouri navigate probate efficiently, avoid unnecessary delays, and ensure everything is handled correctly.
If you have questions about how long probate may take in your situation, contact our office today to schedule a consultation. We are here to help.