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Probate

These basic instructions for conservators were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and agin in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a conservator required by K.S.A. 59-3069(j). After reading these instructions, a proposed conservator should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program.

Basic Instructions For Conservators

These basic instructions for guardians were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and again in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian required by K.S.A. 59-3069(j). After reading these instructions, a proposed guardian should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program.

Basic Instructions For Guardians

These basic instructions for guardians and conservators were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and again in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian and conservator required by K.S.A. 59-3069(j). After reading these instructions, a proposed guardian or conservator should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program.

Basic Instructions For Guardians And Conservators

Small Estates Affidavit -Transferring Certain Personal Property In Estates Under $75,000 Pursuant K.s.a 59-1507b

This set of forms would not often be used in joint tenancy situations unless there is a controversy. Other simpler proceedings are available in situations that are not controversial. The forms may also be adapted to be used to terminate life estates. The Petition may be filed in any county where the real estate, or part of it, is situated or in the county of residence of the decedent. This form can be filed anytime after death.

Petition For Termination Of Estate In Joint Tenancy

This form is to be filed after the Notice of Hearing for Termination of Estate in Joint Tenancy. Upon entry, the order or decree, unless appealed as provided by law within 30 days from the date served, shall be conclusive of the facts found as to all purchasers, encumbrances or lienors of such real or personal property acquiring their titles, encumbrances or liens in good faith, relying on this decree.

Journal Entry Of Termination Of Joint Tenancy

This procedure is useful when estate planning devices such as joint tenancy or inter vivos trusts have been used. K.S.A. 59-618a was amended in 2016 to remove restrictions that allowed the protective filing of a will only if the decedent’s probate estate contained no known real or personal property or the value of the property was less than the total of all known demands.

Affidavit Of Death Pursuant To K.s.a. 59-618a

A death certificate from proper federal, state or local vital statistics authorities, a certificate of death signed and sworn by the funeral director who conducted the funeral or an affidavit of death from some responsible person who knows the facts are all acceptable to show title to the survivor. The certificate or affidavit must be recorded in the office of the Register of Deeds of the county where the land is situated. In addition, before the title is marketable, six months must elapse.

Affidavit Of Death And Survivorship

Except pursuant to K.S.A. 59-2239(2), the petition may be filed only after filing of Petition for Appointment of Executor or Administrator, or after the appointment of either. Adequate and proper showing must be made as to the necessity for Special Administration. A request for appointment of Special Administrator may be included in Petition for Appointment of Executor or Administrator by including the appropriate allegations.

Petition For Appointment Of Special Administrator

The Petition must be set for hearing, but may be heard immediately, unless the Court requires notice.

Order For Hearing Of Petition For Appointment Of Special Administrator

This order can be filed anytime after the hearing. If bond is required, see K.S.A. 59-1101 and K.S.A. 59-1102.

Order Appointing Special Administrator

This form should be filed prior to issuance of Letters of Special Administration. The oath should contain specific language of statute.

Oath Of Special Administrator

Probate Surety Bond Of Special Administrator

This form should be filed as soon as the oath and bond, if required, are approved. Letters shall enumerate specific duties, if any, which Special Administrator is authorized to perform.

Letters Of Special Administration

This form should be filed when the need for special administration has expired. Other accountings must be filed upon the order of the court. A copy of the accounting may be provided the Special Administrator's surety or the company writing the surety bond. Although a formal notice of hearing on the Petition for Order Approving Accounting and Closing Special Administration is not required by statute, the Court may direct that such notice be given pursuant to K.S.A. 59-2208. If fees are to be allowed, it is considered to be the better practice that the Order for Hearing direct notice be given and proof of service be made.

Petition For Order Approving Accounting And Closing Special Administration

The Order Approving Accounting and Closing Special Administration should approve the accounting; allow fees and grant authority to pay them; direct the disposition of the assets; and close the Special Administration.

Order Approving Accounting And Closing Special Administration

This form should be filed prior to the Order Discharging Special Administrator. Before discharge, the Special Administrator should file receipts showing compliance with the Order Approving Accounting and Closing Special Administration.

Receipt For Special Administrator

This form should be filed whenever the receipts are filed and the Order Closing Special Administration has been complied with in other respects. The Order should contain a release of the surety, if applicable.

Journal Entrty Of Final Discharge Of Special Administrator

Demands must be exhibited by filing Petition for Allowance of Demand within four months after the first published notice to creditors. If Petitioner is not a corporation, an appropriate form of verification should be used, see Form 503. If the demand is a demand not due pursuant to K.S.A. 59-2240, or a contingent demand pursuant to K.S.A. 59-2241, that allegation should be made in the petition. Any demand not exceeding $5,000, other than a demand by the executor or administrator, duly itemized and verified and which is timely filed, may be paid by the executor or administrator without compliance with any of the provisions of this act relating to petition, notice of hearing, allowance.by.the.court.or.otherwise.

Petition For Allowance And Classification Of Demand

Notice Of Hearing Of Petition For Allowance And Classification Of Demand

If it is desired that the allowed demands be paid prior to the expiration of the nonclaim period, payment should be so ordered by the Court and the requirement and terms of the bond, if any,.should.be.stated.

Order Allowing And Classifying Demand

The Application may be made any time after the Inventory and Valuation is filed, and may be heard with or without notice. The amount of the spouse's allowance is to be determined by the Court based upon the condition of the estate, subject to a statutory maximum of $50,000. If minor children not living with the surviving spouse are involved, the Court may apportion the allowance pursuant to K.S.A. 59-403 and a guardian ad litem should be appointed prior to the hearing (See Forms 518 to 522).

Petition For Statutory Allowance

Notice Of Hearing Of Petition For Statutory Allowance

The Order will usually issue on the day of the hearing. The amount of the spouse's allowance is to be determined by the Court based upon the condition of the estate, subject to a statutory maximum of $50,000.

Order For Statutory Allowance

Although payment and distribution is made in accordance with the Order of the Court, a receipt or other evidence of payment must be filed.

Receipt - Statutory Allowance

The homestead should not be set aside until after the Inventory and Valuation is filed. If the surviving spouse elects to receive a homestead allowance of $50,000 in lieu of receiving the homestead, see Forms 1411 through 1415.

Petition To Set Apart Homestead

Notice Of Hearing Of Petition To Set Apart Homestead

The Order will usually issue on the day of the hearing.

Order Setting Apart Homestead

The homestead or homestead allowance should not be set aside until after the Inventory and Valuation is filed. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.

Petition To Receive Homestead Allowance In Lieu Of Homestead

Notice Of Hearing Of Petition To Receive Homestead Allowance In Lieu Of Homestead

Order Granting Homestead Allowance In Lieu Of Homestead

This petition can be filed whenever necessary or desirable under K.S.A. 59-1407 and may be heard with or without notice. If a will authorizes the fiduciary to sell property, the executor may exercise such power without order of the court and this form is not necessary. In a testate estate, the petition should contain an allegation in compliance with K.S.A. 59-1405.

Petition For Sale Of Personal Property At Private Sale

Order may be issued without notice, on filing of petition, or with notice at such time as the Court may order. No sale of personal property shall be made at private sale for less than three-fourths of the valuation pursuant to K.S.A. 59-1201 or in the event of appraisal, the appraised value pursuant to K.S.A. 59-1202.

Order For Sale Of Personal Property At Private Sale

The report must be made within 30 days of the sale. This report may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.

Report Of Sale Of Personal Property At Private Sale

This petition can be filed whenever necessary or desirable under K.S.A. 59-1407, and may be heard with or without notice. If a will authorizes the fiduciary to sell property, executor may exercise such power without order of the court and this form is not necessary. In a testate estate, the petition should contain an allegation in compliance with K.S.A. 59-1405.

Petition For Sale Of Personal Property At Public Auction

Order may be issued without notice, on filing of petition, or with notice at such time as the Court may order.

Order For Sale Of Personal Proeprty At Public Auction

The notice shall be published once not less than ten days before the sale in the county where the sale is to be held. In order to get maximum benefit of advertising, some attorneys embody the contained information in a "block type advertisement."

Notice Of Sale Of Personal Property At Public Auction

The report shall be made within 30 days of the sale. If a clerk was employed for such sale, a sale bill signed by the clerk should accompany the report. This report may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.

Report Of Sale Of Personal Property At Public Auction

This petition can be filed whenever necessary under K.S.A. 59-1410. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.

Petition For Sale Of Real Estate At Public Auction

The Order will usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell.

Order To Sell Real Estate At Public Auction

The notice shall be published once a week for three consecutive weeks. If the tracts to be sold are contiguous and lie in more than one county, notice may be given and the sale made in either of such counties.

Notice Of Sale Of Real Estate At Public Auction

This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.

Report And Petition For Confirmation Of Sale Of Real Estate At Public Auction

The Order may issue at any time after the filing of the Report.

Order Confirming Sale Of Real Estate At Public Auction

Rider To Be Attached To Bond Of __________ On File In This Case

__________'s Deed For Sale Of Real Estate

This petition can be filed whenever necessary under K.S.A. 59-1410. A sale of real estate at private sale cannot be concluded on a valuation under K.S.A. 59- 1202 or 59-1203, but only on an independent appraisal under either 59-1202 or 59-2307. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.

Petition For Sale Of Real Estate At Private Sale

A report of the appraisers must be filed before or simultaneously with the Report and Confirmation of Sale of Real Estate at Private Sale. An unsworn certificate pursuant to K.S.A. 53-601 may be used as an alternative to this sworn certificate form.

Certificate Of Appraiser Of Real Estate

If any financial or blood relationship exists, such facts should be covered by an appropriate allegation in the petition (allegation 6) with corresponding approval in the Court's decree. See K.S.A. 59-1703.

Report And Petition For Confirmation Of Sale Of Real Estate At Private Sale

Order Confirming Sale Of Real Estate At Private Sale

This report should be filed before Petition for Sale at Private Sale. One or more, but not to exceed three, appraisers is required. The appraisers named by the Administrator shall be approved by the Court unless good cause is shown why they should not be approved. If real estate has been appraised (not valuated) within six months, no new appraisal is required, unless ordered by the court.

Report Of Appointment And Petition For Approval Of Appraiser Of Real Estate

Order Approving Appointed Appraiser Of Real Estate

This petition can be filed whenever necessary under K.S.A. 59-1410. If details of the proposed transaction are included in this petition and in the notice, and other requirements of K.S.A. 59-2305(f) are met, the Order for Sale can confirm the sale and no report or additional confirmation is necessary. A copy of the contract of proposed sale can be attached to this petition instead of setting out the details of the proposed sale in allegation 6.

Petition For Sale Of Real Estate At Private Sale And For Confirmation Of Sale

If confirmation of the proposed transaction as a part of the Court's Order for Sale is desired, details of the proposed transaction must be included in the notice as well as the petition. If this is done and the other requirements of K.S.A. 59-2305(f) are met, no further report of sale or confirmation of sale is required.

Notice Of Hearing For Sale Of Real Estate At Private Sale And For Confirmation Of Sale

The Order will usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell. If any blood or financial relationship or other conflict of interest exists, such facts should be covered by an appropriate finding in the order (finding 9), K.S.A. 59-1703.

Order Authorizing And Confirming Sale Of Real Estate At Private Sale

This notice can be filed either before or after the filing of a Petition for Elective Share of Surviving Spouse. A payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or surviving spouse's personal representative. The written notice of intention to file a petition for the elective share or that a petition for elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. The notice of intention to file should be additionally served on any fiduciary, heir, devisee or legatee.

Notice Of Intention To File Petition For Elective Share Of Surviving Spouse

This affidavit should be filed Prior to hearing on Petition for Elective Share of Surviving Spouse. The notice must be mailed to the payor's or other third party's main office or house by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form.

Affidavit Of Service Of Notice Of Intention To File Petition For Elective Share Of Surviving Spouse

This petition can be filed within six months after decedent's death (unless an extension is granted) or within six months after notice of the right to the elective share pursuant to K.S.A. 59-2233, whichever is later.

Petition For Elective Share Of Surviving Spouse

Computation Of Elective Share Of Surviving Spouse

As ordered by the court. A copy of the petition, any attachments to the petition, and other appropriate papers should be included.

Order For Hearing Of Petition For Elective Share Of Surviving Spouse

A copy of the petition, any attachments to the petition, and other appropriate papers should be included.

Notice Of Hearing For Elective Share

Must be filed prior to Notice of Hearing for Elective Share. A copy of the petition, any attachments to the petition, and other appropriate papers should be included. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form.

Proof Of Service For Elective Share

The order will issue after the hearing on Petition for Elective Share of Surviving Spouse. This order shows an instance when judgment is granted against recipients of decedent's property. In some estates there will be sufficient estate assets to satisfy the balance due to the surviving spouse. If notice were given that property was being held by third party payors, this order would direct their payment of the funds held, or they may have previously paid the funds in such manner as to be relieved of further responsibility.

Order For Elective Share Of Surviving Spouse

Forms 1801-1803 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to a catalogue of the user’s electronic communications or other digital assets. Forms 1801-1803 are intended for use where the personal representative is seeking access to the catalogue of electronic communications or to other digital assets. If the personal representative is seeking disclosure of the content of electronic communications, Forms 1804-1806 should be used.

Petition For Authorization To Access Digital Assets

Order For Hearing Of Petition For Authorization To Access Digital Assets

Order Authorizing Access To Digital Assets

Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.

Kansas Probate Forms

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What to do when someone dies - the 2025 checklist

The beginner's guide to Probate

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