Estate Planning Attorney Wichita KS
In Wichita, Kansas, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Wichita, Kansas probate court will decide the validity of the will, inventory the decedent's assets and debts, and then, lastly, distribute the estate according to the will, assuming it is deemed to be valid.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Wichita, Kansas will assign an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.
The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living representation of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most motivation to carry out the duties of the executor.
Duties of the Executor in Wichita, Kansas
The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be finalized before the will is effectuated.
Also, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.
Because the executor serves as the living representation of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.
How Can A Wichita, Kansas Lawyer Help?
Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a Wichita, Kansas attorney who specializes in probate, especially if you are the executor of an estate.
Life in WichitaWichita is the county seat of Sedgwick County in Kansas. With a population of over 372, 000, it is the most populated city in all of Kansas, and ranks as the 51st largest U.S. city. In 2008, Wichita was named the #1 most affordable city to live in by MSN Real Estate. Newsmax Magazine has also named it the most "Uniquely American City". Due to its history in aviation and airplane science, Wichita is known as "The Air Capital of the World".
The city of Wichita has undergone considerable development over several decades. Old Town Wichita was renovated in the 1990's to include a hybrid-zone neighborhood complete with restaurants, hotels, residential homes, and nightclubs. Wichita also has several major shopping malls, a few of which host over 100 tenants.
Wichita is also a hub for academic and learning opportunities. Wichita State University, Newman University, and other technical and community colleges have established a presence in the city. Notable residents of Wichita have included actress Kirstie Alley, and Ann Durham, the mother of President Barack Obama.
Lawyers in Wichita, Kansas assist their clients by filing claims through the Municipal Court of the City in Wichita. Wichita's municipal court is the largest, most established municipal court in the state of Kansas. Also, many Wichita lawyers handle more complex legal claims in the 18th District Court for the County of Sedgwick.