Probate is a legal process taking place after the passing of an individual.

Probate is not estate planning. In fact, in many cases probate may prove to be the lack of proper estate planning. However, the Kansas Probate Code provides for estates of residents and nonresidents by intestate succession (no will) and testate administration (wills), adoption, care and treatment of mentally ill persons or persons with alcohol or substance abuse problems, guardians and conservators and transfer on death provisions for real estate and motor vehicles. Usually when people discuss probate they are referring to the process of proving a will if one was left and identifying and distributing property of the estate. In many cases, paperwork needs to be filed with a court and also may need filed with the Internal Revenue Service (“IRS”).

After experiencing a probate process, many people decide they would prefer to limit the amount of their property that will be subject to probate. Planning for probate avoidance is one of the objectives of estate planning. Nodine Legal assists clients with estate planning.


Lucas J. Nodine is a member of ElderCounsel. ElderCounsel provides its members with education, peer networks and tools to develop comprehensive plans to enable clients with planning options for their future.


Lucas J. Nodine is a member of the National Academy of Elder Law Attorneys. NAELA is a professional association of attorneys dedicated to improving the quality of legal services provided to people as they age and people with special needs.