Deadlines That Matter in Probate (Including the Ones That Trigger Litigation)
When someone passes away, there are many moving parts that need to come together in order to settle their estate. Bills need to be paid. Property may need to be sold. Assets must be gathered and distributed to the right people. But one of the most important—and most often overlooked—parts of the probate process is timing.
Probate is full of deadlines. Some of these deadlines are flexible. But others are not. Once certain probate deadlines pass, they cannot be changed, extended, or undone. Missing one of these deadlines can affect who inherits, what claims can be made, and even whether someone has the right to challenge what happened after a loved one passed away.
Understanding which deadlines matter can make a big difference.
The Creditor Claim Deadline
One of the first major deadlines in probate deals with creditors. After an estate is opened in Kansas or Missouri, notice is given to creditors. This lets them know that they have a limited amount of time to file a claim against the estate for any debts owed by the person who passed away.
These debts may include:
Medical bills
Credit cards
Personal loans
Final utility bills
Nursing home expenses
If a creditor does not file a claim within the allowed time period, they may lose their right to be paid from the estate. This is often called the “non-claim period.” Once it passes, the estate may be able to move forward without paying those debts. In many cases, the Court does not have the power to reopen the deadline once it has expired.
The Deadline to Contest a Will
Another important deadline involves will contests. If someone believes that a Will is not valid—for example, because of:
Undue influence
Fraud
Lack of capacity
Improper signing
They may have the right to challenge the Will in Court. However, this right does not last forever. Kansas and Missouri law both place time limits on when a will contest can be filed. These deadlines often begin to run once the Will has been admitted to probate by the Court. If the deadline to file a will contest passes, an interested party may lose the ability to challenge the Will—even if they later discover new information that raises concerns about how the Will was created.
The Deadline to Contest Non-Probate Transfers
Not all property passes through probate. Some assets may transfer automatically upon death, such as:
Beneficiary-designated bank accounts
Transfer-on-Death (TOD) deeds
Payable-on-Death (POD) accounts
Life insurance policies
Retirement accounts
These are known as non-probate transfers.
Sometimes, family members believe that these transfers were made improperly. For example, they may think that:
A beneficiary was added late in life
The account owner was under pressure
The owner did not have the mental ability to make the change
In certain situations, it may be possible to challenge these transfers in Court. But just like with a will contest, there are deadlines for bringing these claims.
If those deadlines pass, the funds or property may remain with the named beneficiary—even if the transfer might otherwise have been questioned.
Deadlines That Affect Recovering Estate Assets
In some cases, property that should belong to the estate may be held by someone else.
This may happen when:
A financial account was closed before death
Property was transferred without proper authority
Someone used a Power of Attorney in a questionable way
Assets were removed from the decedent’s name
Kansas and Missouri law may provide ways for the estate to recover these assets. This can include filing an action to discover assets or seeking an accounting from someone who handled the decedent’s finances.
But these claims are also subject to time limits.
Waiting too long to take action may prevent the estate from bringing the property back under Court supervision. Once that deadline has passed, it may not be possible to recover the asset for distribution to heirs.
Why These Deadlines Can Trigger Litigation
Many probate disputes begin when someone realizes that a deadline is approaching—or has already passed.
For example:
An heir may feel pressured to file a will contest quickly
A beneficiary may dispute a TOD designation
A Personal Representative may need to act fast to recover missing funds
When these time limits come into play, families may find themselves in litigation simply because they are trying to protect their rights before the deadline expires.
Taking Action Early Can Make a Difference
Because some probate deadlines cannot be extended once they have passed, it is important to act quickly if questions arise about a Will, a transfer, or the handling of estate assets. Gathering information early and understanding what deadlines may apply under Kansas or Missouri law can help families make informed decisions about how to move forward.
Disclaimer:
This blog post is provided for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with The Probate Law Center. Probate laws vary by jurisdiction, and the facts of your situation may affect your legal rights and obligations. If you have questions regarding probate deadlines or potential estate-related claims in Kansas or Missouri, you should consult with a qualified attorney licensed in your state.