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Posted by Djbrown January 16, 2009 at 11:55 a.m.

Probate isn't frighteningly expensive in Kansas

Q. My father has a will but we would like to avoid the costs of probate when he dies. What can we do?A. Without knowing the nature or value of your father’s estate, I can’t really answer this question fully. Your father needs to meet with an experienced estate planning attorney and have that attorney review his will in light of the assets he owns. The lawyer should determine the most cost-effective method of dealing with your father’s property upon his death.I can tell you that, in Kansas, fears about the expense of probate are generally unfounded. Cries on late night television about extreme costs of probate are based on results in states like California where state law sets probate fees as a percentage of the value of the decedent’s estate. In those instances, lawyers frequently do relatively little and reap windfalls. In Kansas, however, attorneys can only charge for the work that they actually do. Thus, the real costs of a probate case are usually quite reasonable. The exceptions come when families battle or sometimes when someone dies without a will (“intestate”). To give you a sense, it is possible that I could handle an estate valued at $200,000 for between $1,500 and $2,000 including expenses. The minimum fee by law in California for that case would be $7,000 plus expenses.Sometimes, there isn’t much property that actually gets transferred through probate and opening a full-blown probate case isn’t necessary even if there is a will. The will must always be filed with the Court, but the kind of legal proceeding that results will depend on a number of factors including the size of the estate, the nature of the assets, and the number of beneficiaries.For example, if your father owned all his assets in joint tenancy with rights of survivorship with your mother, it might be possible to simply file his will with the Court upon his death. There would be a $50.50 filing fee and should take an attorney about half-an-hour to an hour to handle. Hourly fees for attorneys locally generally range from $150 to $250 an hour although some lawyers charge more, some charge less.I hope this was helpful.David J. Brown, Managing AttorneyThe Law Offices of David J. Brown, LC1040 New Hampshire, Suite 14Lawrence, Kansas 66044 785-842-0777 Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Offices of David J. Brown, LC.