Kansas Probate Form 101

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

Everything you need to know about Kansas Form 101, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.

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

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Death Pursuant To K.s.a. 59-618a is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

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.

Atticus Fast Facts About Affidavit Of Death Pursuant To K.s.a. 59-618a

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Death Pursuant To K.s.a. 59-618a:

  • This form pertains to the State of Kansas

  • The relevant probate statute or Kansas laws related to this form include: K.S.A. 53-601, K.S.A. 59-617, K.S.A. 59-618, K.S.A. 59-618a, K.S.A. 59-621, K.S.A. 59-2233, S. Ct. Rule 123

  • The official Kansas source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kansas’s Form 101 - Affidavit Of Death Pursuant To K.s.a. 59-618a up to date, certain details can change from time-to-time with little or no communication.

How to file Form 101

Step 1 - Download the correct Kansas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Kansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 101, take a break, and then review. Probate and estate settlement processes in KS are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 101 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 101 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Death Pursuant To K.s.a. 59-618a to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kansas.

5 reasons you should submit 101 as quickly as possible:

  1. The sooner you begin, the faster Kansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of Kansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Kansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kansas probate clerk or court for exact answers regarding Form 101, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 101 Online

Affidavit Of Death Pursuant To K.s.a. 59-618a is one of the many probate court forms available for download through Atticus.

It may also be available through some Kansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kansas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 101 - Affidavit Of Death Pursuant To K.s.a. 59-618a f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.

Affidavit Of Death Pursuant To K.s.a. 59-618a is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form 101 - Affidavit Of Death Pursuant To K.s.a. 59-618a is a probate form in Kansas.

  • 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.

  • Kansas has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Kansas.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Kansas, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Affidavit Of Death Pursuant To K.s.a. 59-618a

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.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 101

Here’s the text, verbatim, that is found on Kansas Form 101 - Affidavit Of Death Pursuant To K.s.a. 59-618a. You can use this to get an idea of the context of the form and what type of information is needed.

100-2 Kansas Probate Forms 3d 101 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 10-P-1001 JAMES J. WILSON, Deceased AFFIDAVIT PURSUANT TO K.S.A. 59-618a STATE OF KANSAS COUNTY OF APACHE Mary J. Wilson, of lawful age, being first duly sworn upon oath, states: 1. James J. Wilson died testate at Hometown, Apache County, Kansas, on October 30, 2010; at the time of death decedent was a resident of Apache County, Kansas, and a citizen of the United States residing at 824 Main Street, Hometown, Kansas 66648. 2. The names, relationships and addresses of all decedent’s heirs, legatees and devisees which are known to this affiant, after diligent search and inquiry, are as follows: Name Relationship Interest Address Mary J. Wilson Wife Heir, devisee 824 Main and legatee Hometown, KS 66648 Peter Wilson Son Heir, devisee Country Park Estates and legatee Hometown, KS 66648 Richard Wilson Son Heir, devisee 807 West Street and legatee Blackwell, OK 74631 Edith Wilson Smith Daughter Heir, devisee 523 North High and legatee Hometown, KS 66648 Hometown Animal None Legatee 1212 South High Shelter Hometown, KS 66648 3. The name and address of any trustee of any trust established under the will is as follows: NONE 2017 100-3 Kansas Probate Forms 3d 4. The will of James J. Wilson, dated July 7, 2010, is filed with the District Court of Apache County, Kansas, for the purpose of preserving the same for record in the event formal probate proceedings are later required. 5. A copy of this affidavit and a copy of the will have this date been mailed to each heir, devisee, and legatee named in this affidavit, as required by K.S.A. 59- 618a. [6. I am the surviving spouse of James J. Wilson and I am aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death.] MARY J. WILSON SIGNED AND SWORN to (or affirmed) before me on November 10, 2010. NEVA WRIGHT Notary Public (SEAL) My Appointment Expires: January 10, 2015 Reference K.S.A. 53-601; 59-617; 59-618; 59-618a; 59-621; 59-2233; S. Ct. Rule 123. Time Within six months of date of death. Comment 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. Mailing a copy of the affidavit and will to a designated fiduciary, who is other than a devisee or legatee, is appropriate. Paragraph five of this form constitutes an affidavit of service. If the affiant is the surviving spouse, paragraph six or Form 541 “Affidavit Pursuant to K.S.A. 59-2233” may be used. If the affiant is not the surviving spouse, or if the affiant is the surviving spouse and neither paragraph six nor Form 541 is used, then Form 539 “Notice Statement Pursuant to K.S.A. 59-2233” must be used, along with Form 540 “Affidavit of Service.” 2017 100-4 Kansas Probate Forms 3d An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. 2017

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