Do I need to file a probate?

[Marybell]

Hello all, I just have one very simple question. Next week, there will be 6 months since my husband's passing. I haven't filed for probate. Some of his creditors continued to send letters asking to let them know about appointed representative etc - I never replied, because I had nothing to say. The only thing that I need is to transfer vehicles into my name (for 6 months, I continued to make payment on my husband's loan). I have talked to several attorneys before. They all said that after 6 months, It's safe to transfer vehicles.
Here is the question: before I proceed with transferring vehicles, do I need to make sure with our local probate court that no probate has been open by a creditor? Can I request this info in probate court? If creditors are not local, would they still be required to open a probate with our local probate court? Would I be notified if a creditor opened a probate to get some money that are owed to them? If I received nothing in this regards, should I conclude that no probate has been open?

 

[Zigner]

Please include this question on your prior thread: Do I need to file a probate?

 

[Marybell]

Please include this question on your prior thread: Do I need to file a probate?

I thought I m writing (continuing) INSIDE my thread "Do I need to file a probate?" Im sorry, Im not sure that I understand what you mean. We are on page 2

 

[army judge]

I thought I m writing (continuing) INSIDE my thread "Do I need to file a probate?" Im sorry, Im not sure that I understand what you mean. We are on page 2

You are correct madam.

Someone might be mistaken.

 

[zddoodah]

I have talked to several attorneys before. They all said that after 6 months, It's safe to transfer vehicles.

Did they say why? Did they advise you that, under Kansas law, a creditor of a deceased debtor has only six months after the date of death to file suit and, if a creditor fails to do that, it loses its ability to recover on the debt? I'm not saying that's the law (I don't know what the law is in Kansas), but that's the only way it would be "safe" to transfer estate assets without ensuring that creditors have first been paid.

do I need to make sure with our local probate court that no probate has been open by a creditor? Can I request this info in probate court?

You can request anything you like, and I would assume the probate court would be the only place where you could find out if probate had been filed. I've never heard of a creditor starting probate for a deceased debtor unless the debt is very substantial.

If creditors are not local, would they still be required to open a probate with our local probate court?

Your husband's estate should be probated (regardless of who initiates the probate) in the county where he lived at the time of his death.

Would I be notified if a creditor opened a probate to get some money that are owed to them?

That definitely should happen (assuming the creditor knows you exist).

If I received nothing in this regards, should I conclude that no probate has been open?

Consult with a local probate attorney.

 

[Zigner]

I thought I m writing (continuing) INSIDE my thread "Do I need to file a probate?" Im sorry, Im not sure that I understand what you mean. We are on page 2

My post was moved for the new thread you created.

 

[Marybell]

Did they say why? Did they advise you that, under Kansas law, a creditor of a deceased debtor has only six months after the date of death to file suit and, if a creditor fails to do that, it loses its ability to recover on the debt? I'm not saying that's the law (I don't know what the law is in Kansas), but that's the only way it would be "safe" to transfer estate assets without ensuring that creditors have first been paid.

Yes they told me this, of course. I wonder if there is a possibility that 6 month term has been extended because courts may be closed due to covid ? (Of course, there is no way some of you may know, I will have to ask locally)
In general, I was wondering, what's the procedure when (in unlike situation) a creditor files a probate... Does the court send anything to the last known deceased' address? (that's what I would assume)

You can request anything you like, and I would assume the probate court would be the only place where you could find out if probate had been filed. I've never heard of a creditor starting probate for a deceased debtor unless the debt is very substantial.

Your husband's estate should be probated (regardless of who initiates the probate) in the county where he lived at the time of his death.

That definitely should happen (assuming the creditor knows you exist).

Consult with a local probate attorney.

thank you, zddoodah

 

[zddoodah]

I wonder if there is a possibility that 6 month term has been extended because courts may be closed due to covid ? (Of course, there is no way some of you may know, I will have to ask locally)

This stuff is all readily available online. Kansas courts are not now and have not been closed (at least not completely). However, like most states, it does appear (based on some very quick searching) that Kansas, like most states, suspended the operation of most statutes of limitations that would have otherwise expired starting in mid-March. You can read the various administrating orders regarding suspension of deadlines, etc. at this link. At this link, you can read that, on 6/29/20, "the chief justice announced she plans to reinstate most statutes of limitation and statutory time standards or deadlines that apply to the conduct or processing of judicial proceedings effective August 3, assuming all district court facilities in Kansas remain open to the public."

I was wondering, what's the procedure when (in unlike situation) a creditor files a probate... Does the court send anything to the last known deceased' address? (that's what I would assume)

I've never been involved in a situation in which a creditor initiated the probate of a debtor's estate, and I'm not in Kansas, so I know nothing of that state's procedures. However, it is unlikely that the court will send the sort of notice you described. Rather, it is likely that any required notices would be sent by the person/entity that initiates the probate.

 

[Marybell]

Thank you Zddoodah,
So far, I was lucky in at least having vehicles' registration (tags) valid until end of August (hubby died in January)... Would have been a huge problem if they were expiring earlier. I will try to check with the local court.