Q: My dad recently passed away. Do we have to Apply for probate and appoint an executor if we can all agree on stuff
A:
There are several different procedures for distribution of assets using probate procedure. Assets that have a payable on death (POD) designation are typically distributed based upon the POD. Transfer on death (TOD) deeds for real estate, filed before death, typically control how real estate is distributed. If there is real estate not transferred by a TOD deed, some probate procedure is required. If the assets consist of personal property valued
less than $40,000, there is a non-probate procedure provided for called a decedent's affidavit (K.S.A.59-1507b) that may be available to you to agree on a distribution among you. If the assets are more than $40,000 in value, there are several options to choose from depending upon the circumstances.
In any event, if there is a will (and there may be because you refer to the appointment of an executor), you must file the will with the court and you must do so within six months. If there is no reason to open an estate, the will may be filed under K.S.A. 59-618a for later probate procedures if they are required. You should seek the advice of legal counsel to sort out the options that best serve your circumstances.
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