What is a discovery of assets proceeding?
Sometimes, after a loved one passes away, something just doesn’t add up. Maybe a bank account you expected to be in their name is suddenly gone. Maybe the family home was signed over to someone else just before death. Maybe an investment account was drained or retitled without explanation.
These situations are more common than people realize—and they’re not always the result of foul play. But when there’s reason to believe that property was transferred improperly before death, especially if the person was experiencing diminished capacity, under undue influence, or the victim of fraud, the court can get involved through a discovery of assets action.
What Is a Discovery of Assets?
In Kansas and Missouri, a discovery of assets is a legal process used to investigate whether the deceased person’s estate is missing assets that were wrongfully removed or transferred prior to death. This often becomes part of a probate case when the personal representative (executor or administrator) suspects that:
• Property was gifted away when the person was no longer mentally competent
• Someone abused a power of attorney to move funds or retitle property
• A caretaker, family member, or “friend” influenced decisions about finances during a vulnerable time
• Financial accounts were jointly titled or payable-on-death under suspicious circumstances
The court uses the discovery of assets process to determine whether those assets should rightfully be returned to the estate.
Common Assets Involved
The types of assets most commonly investigated in these proceedings include:
• 🏠 Real estate (homes transferred or quitclaimed away suddenly)
• 💰 Bank accounts (checking, savings, certificates of deposit)
• 📈 Investment and retirement accounts
• 🚗 Vehicles or other titled property
• 💎 Valuable personal property (jewelry, art, collectibles)
Often, the transfers happen quietly—sometimes with forged documents, confusing paperwork, or under the guise of “helping” the person manage their finances. But if these actions happened when the deceased person lacked capacity or was being unduly influenced, they can be challenged in court.
How the Process Works
Here’s a basic outline of how a discovery of assets action typically unfolds:
1. A petition is filed in the probate court by the personal representative (or sometimes a beneficiary).
2. The court may issue subpoenas to obtain bank records, real estate documents, or other financial information.
3. The person who received the asset (the “respondent”) must appear in court and answer questions under oath.
4. If the court finds that the asset was transferred improperly, it may order the asset to be returned to the estate for proper distribution.
These proceedings can sometimes lead to full civil litigation—especially if the respondent refuses to return the property or insists they had a legal right to it.
What You Should Do If You Suspect Something Is Wrong
If you believe your loved one’s estate is missing assets that should have been included, it’s important to act quickly. These issues often involve:
• Time-sensitive legal filings
• Complex financial tracing
• Testimony about the deceased person’s mental state or vulnerability
The court takes these claims seriously, but strong evidence is essential. That means gathering documents, timelines, and any communications that suggest manipulation or confusion.
How We Can Help
At The Probate Law Center, we represent families in Kansas and Missouri who need to uncover what happened to a loved one’s assets before death. Whether you’re a personal representative or a concerned family member, we can help you pursue a discovery of assets claim and protect the integrity of the estate.
Visit www.ksmoprobate.com to learn more about how this process works or to schedule a confidential consultation.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. If you believe you may need to initiate a discovery of assets proceeding, please consult with a licensed attorney in your state