The Most Common Misconceptions About Probate
A new year often brings a fresh start—and for many families it also brings questions about probate after the loss of a loved one. Unfortunately, probate is one of the most misunderstood legal processes we see in Kansas and Missouri. Much of what people “know” about probate comes from internet myths, TV shows and movies, or well-meaning friends who had a very different experience in a different state.
As we begin the new year, we want to clear the air. Below are some of the most common misconceptions about probate, and what families in Kansas and Missouri should actually understand.
Misconception #1: “If there’s a will, there’s no probate”
This is probably the most common misunderstanding we hear.
In both Kansas and Missouri, a will does not avoid probate. A will actually requires probate. Probate is the court process that gives the will legal effect, appoints a personal representative or executor, and authorizes that person to act on behalf of the estate.
Without probate, no one has legal authority to:
Sell real estate
Access estate bank accounts
Address creditor claims
Distribute assets under the will
This misconception often delays families in places like Johnson County, Jackson County, and Clay County, only to create larger problems months—or years—later.
Misconception #2: “Probate is only for wealthy families”
Probate has nothing to do with wealth.
Probate is about legal authority, not how much money someone had. We regularly open probate estates for modest homes in Raytown, Independence, North Kansas City, or Grandview, because title to real property must be legally transferred, regardless of value.
Even estates with:
One house
A single bank account
No debt
may still require probate to clear title and protect heirs.
Misconception #3: “The title company will take care of probate issues”
This misconception causes significant frustration during real estate transactions.
A title company’s job is to insure title—not to create legal authority. A title company cannot:
Appoint a personal representative
Resolve heirship disputes
Fix missing probate steps
Waive statutory requirements
In Kansas and Missouri, clean title and probate are not the same thing. Probate establishes who has the legal right to transfer property. Title insurance protects the buyer after that authority exists. This distinction often surprises families trying to sell property, especially when probate was skipped years earlier.
Misconception #4: “Probate takes years and costs a fortune”
Probate can take time—but it does not automatically take years.
In Missouri, many estates move efficiently when:
The correct type of administration is used
The personal representative understands their duties
There are no disputes among heirs
In Kansas, simplified or summary procedures may be available in certain circumstances, but they are not automatic and must be handled correctly.
What does cause probate to drag on?
Family conflict
Missing information
Real estate complications
Acting without court authority
Ironically, trying to avoid probate often makes it more expensive, not less.
Misconception #5: “Everyone agrees, so probate isn’t necessary”
Agreement does not replace legal requirements.
Even when heirs are cooperative—something we see often in families across Prairie Village, Leawood, and Shawnee—probate may still be required to:
Transfer real estate
Protect beneficiaries
Address creditor rights
Provide legal finality
Courts exist not because families can’t get along, but because future disputes, unknown heirs, and creditor claims must be addressed.
Misconception #6: “He had no wife, no kids, and no family so the state will get it”
This is one of the most common—and most incorrect—assumptions we hear. When someone dies without a spouse or children, the law does not stop looking. Kansas and Missouri law require a structured search through multiple levels of blood relatives, which may include parents, siblings, nieces and nephews, grandparents, aunts and uncles, cousins, and even more remote relatives.
Only after all legally recognized classes of heirs are exhausted does an estate pass to the state. That outcome—called escheat—is rare and occurs only when no qualifying heirs exist despite diligent efforts.
Probate is often required precisely because the law demands this careful determination of heirs.
Misconception #7: “Probate is a failure of planning”
Probate is not a failure—it is a legal safeguard.
Probate provides:
Court oversight
Clear authority
Creditor resolution
Finality for families
In fact, probate often protects beneficiaries from misconduct and protects fiduciaries from future liability when done correctly.
Misconception #8: “If someone handled things during life, they can keep doing so after death”
Authority under a power of attorney ends at death. After death, only a court-appointed fiduciary has authority to act. Continuing to manage assets without that authority is a common trigger for disputes and litigation. Even if a power of attorney was nominated, they do not automatically become the person in charge after death. The law gives priority to:
Spouses
Children
Siblings
Just because you were the power of attorney prior to death does not mean you continue to act after death.
Misconception #9: “Those kids live out of state—or weren’t involved—so they don’t need to be included”
This is a very common and very serious misunderstanding. In Kansas and Missouri, probate is not based on who was close to the decedent or who stayed in touch. The law is based on legal relationships, not emotional ones.
Children do not lose their rights because:
They lived in another state
They were estranged
They had little or no relationship with the decedent
They were not involved at the end of the decedent’s life
The law requires that all legally recognized heirs receive notice of the probate proceeding, regardless of geography or family dynamics. That includes children living in California, Texas, New York, or anywhere else, just as much as those living in Kansas City, Overland Park, or Lee’s Summit.
Failing to notify an heir does not make probate simpler—it makes it legally defective. Improper notice is one of the most common reasons probate matters later unravel, especially when real estate is sold or assets are distributed.
Probate courts require transparency not to force family interaction, but to ensure that everyone with a legal interest is given due process.
Misconception #10: “They had a trust, so probate isn’t needed”
Having a trust does not automatically eliminate probate. In Kansas and Missouri, only assets that were properly titled in the name of the trust during life—or that were legally designated to transfer to the trust at death—avoid probate. The trust itself does not pull assets in after death.
We frequently see situations where:
Real estate was never deeded into the trust
Bank or investment accounts remained in the individual’s name
Vehicles, business interests, or other assets were never retitled
Beneficiary designations were outdated or missing
In those cases, probate is often required to transfer the assets into the trust so they can then be administered and distributed according to the trust’s terms.
This is especially common with real estate in Kansas City, Johnson County, Jackson County, and surrounding suburbs, where a home may have been intended for the trust but was never actually retitled.
A trust is a powerful tool—but it only controls what it actually owns. Probate is often the legal mechanism that fixes the gap between what was intended and what was done.
A Final Thought for the New Year
Probate does not need to be feared—but it does need to be understood. One of the most important steps families can take after the loss of a loved one is to consult with a qualified probate attorney early, even if they believe probate will not be necessary. That initial review is not about creating extra work or expense—it is about confirming that all assets were properly titled, transferred, or designated, and that no legal steps were missed.
In Kansas and Missouri, probate is often required not because something went wrong, but because:
Real estate was never retitled
Assets were intended for a trust but never transferred
Beneficiary designations were incomplete or outdated
Heirs must be formally identified and notified
Legal authority is required to close loose ends
Taking the time to confirm these issues at the outset can prevent delays, disputes, and costly corrections later—particularly when property is sold, refinanced, or passed to the next generation.
A new year is a good time for clarity. Whether probate is required or not, knowing for certain allows families to move forward with confidence and peace of mind.
Probate isn’t the problem—misconceptions about probate usually are.
Legal Disclaimer
This blog post is provided for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Probate laws vary based on individual circumstances and may differ between Kansas and Missouri. You should consult with a qualified probate attorney regarding your specific situation before taking any action or refraining from action based on the information contained herein.