Avoiding Creditors and Saving Money: Why Delayed Probate May Be Your Best Option
When a loved one dies, most families in the Kansas City area assume they need to open probate right away. That’s true in some cases—but not all of them. In fact, in both Missouri and Kansas, there are situations where waiting to open probate can actually protect the heirs, save money, and limit creditor claims.
In our probate practice we regularly see families benefit from a strategic delay—especially when the estate is simple, when there’s no urgent need to transfer assets, or when creditors are waiting to get paid.
Let’s break down why waiting is sometimes the smartest move.
Probate Doesn’t Always Need to Be Filed Immediately
Many people think probate must be opened right after someone passes away. That’s not always required. In some situations, filing too quickly only gives creditors more time and power to collect against the estate.
In Missouri, you generally have up to one year from the date of death to open probate.
In Kansas, you typically have six months to file creditor claims and up to six months to one year to start proceedings, depending on the circumstances.
That window gives families the ability to choose between:
Full probate administration
Delaying probate to allow creditor deadlines to pass
Using alternative procedures like a Determination of Heirship (MO) or simplified proceedings (KS)
Why Waiting Can Help When There Are Creditors
If the deceased person had medical bills, credit cards, personal loans, taxes, or nursing home debt, opening probate right away gives creditors an easy path to file claims.
By waiting out the deadline, you may:
Avoid having to send formal notice to creditors
Let some claims expire without action
Reduce the risk of contested filings
Prevent unnecessary attorney’s fees
Keep small estates from being wiped out by debt
We’ve seen Kansas City families in Jackson County, Johnson County, Clay County, Cass County, and Wyandotte County save thousands by not rushing into probate.
Example: A Simple Estate with Debt
Imagine someone who lived in Independence or Overland Park dies with:
No real estate
A small bank account
A vehicle
Several unpaid medical bills
If the family opens probate immediately, creditors can pile in and demand payment. If they wait past the claim window and then file a limited proceeding or do nothing at all, creditors may lose the right to collect.
Determination of Heirship in Missouri
In Missouri, once one year has passed since the date of death, you can often avoid full probate and instead file a Determination of Heirship.
This process:
Doesn’t require appointing a personal representative
Avoids publishing notice to creditors
Skips inventory, bonding, and accounting requirements
Transfers title to real estate or assets without full administration
Costs significantly less than full probate
Key Benefit: By waiting a year, the estate no longer has to deal with creditor claims through probate.
What About Kansas?
Kansas does not have a Determination of Heirship process identical to Missouri’s, but there are similar alternatives depending on the situation:
Affidavit procedures for small estates
Petitions to determine descent for real estate
No administration in certain limited cases
If probate is never opened, and no creditor files an action before their deadline expires, heirs may be able to transfer assets with fewer steps and lower legal fees.
For example, in Johnson County, Wyandotte County, and Douglas County, we’ve handled matters where probate was never opened because the debtor window closed, and the only remaining step was transferring ownership.
When Waiting Makes Sense
Delaying probate may be the better option when:
✔ The estate is small or has no liquid assets
✔ Heirs are cooperative
✔ Real estate is the only significant asset
✔ The deceased had significant unpaid debt
✔ There is no urgent need to sell or transfer property
✔ A full probate would cost more than the estate is worth
When You Should NOT Delay Probate
Waiting isn’t always appropriate. You may need to file quickly when:
✖ There is a Will that must be admitted
✖ Someone needs legal authority to access accounts
✖ The home must be sold immediately
✖ There are disputes between heirs
✖ A business, tenant, or buyer needs action
✖ Assets may be lost without court authority
In these cases, opening probate sooner rather than later is the right move.
The Bottom Line
Probate is not one-size-fits-all. In Missouri and Kansas, filing immediately is not always the smartest choice. For some families—especially those facing medical debt, credit cards, or simple estates with real estate—waiting can save time, money, and stress.
A Determination of Heirship in Missouri, or a delayed or limited proceeding in Kansas, may give heirs the result they want without forcing them into full probate or creditor payouts.
The key is understanding the timing rules in each state and making a strategic choice—not just a fast one.
Legal Disclaimer
This blog post is for informational purposes only and does not create an attorney-client relationship. The information provided is general in nature and may not apply to your specific situation. For legal advice about probate in Missouri or Kansas, please contact a licensed attorney.