Affidavit Of Death And Survivorship

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 And Survivorship 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:

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.

Atticus Fast Facts About Affidavit Of Death And Survivorship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Death And Survivorship:

• 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. 58-501, Title Standard 12.4, Title Standard 12.5, Title Standard 12.6, Title Standard 12.7

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 11 - Affidavit Of Death And Survivorship up to date, certain details can change from time-to-time with little or no communication.

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 11, 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 11 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 11 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 And Survivorship 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.

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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 11 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 11, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Death And Survivorship 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 11 - Affidavit Of Death And Survivorship 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 And Survivorship 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.

Here’s the text, verbatim, that is found on Kansas Form 11 - Affidavit Of Death And Survivorship. You can use this to get an idea of the context of the form and what type of information is needed.

Kansas Probate Forms 3d 10-2 11 AFFIDAVIT OF DEATH AND SURVIVORSHIP STATE OF KANSAS COUNTY OF APACHE Beverly Davis, being duly sworn, on oath, states: 1. Affiant and spouse William Davis, were grantees in a warranty deed recorded in the office of Register of Deeds of Apache County, Kansas, concerning the following described real estate: West 15 feet of Lot 11 and all of lots 12 and 13, Block 7, Sylvan Heights addition to the City of Hometown, as recorded in book xxx, page xxx, conveying the above-described real estate to affiant and William Davis, and the survivor of them, as joint tenants with the right of survivorship and not as tenants in common. 2. William Davis died on October 30, 2010, and upon death affiant as the surviving joint tenant became the sole and absolute owner in fee simple of the above-described real estate by right of survivorship. 3. At the time of death of decedent, the value of all property owned by decedent or in which decedent had any interest, including transfers made within one year of death and including all property owned in joint tenancy, was $24,000. [4. No Kansas estate tax is chargeable against the estate.] BEVERLY DAVIS SIGNED AND SWORN to (or affirmed) before me on November 25, 2010. NEVA WRIGHT Notary Public (SEAL) My Appointment Expires: January 10, 2015 2012 Kansas Probate Forms 3d 10-3 Reference K.S.A. 53-601; 58-501; Title Standards 12.4, 12.5, 12.6 and 12.7. Time Any time after death. Comment 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. The procedure under K.S.A. 59-2286 is an alternative procedure, see Form 1001. The pleading of the language “no Kansas estate tax is chargeable against the estate” or “the Kansas estate tax return for the estate has been filed and all taxes shown thereon have been paid” is not necessary if the decedent died on or after January 1, 2010. For a history and discussion of Kansas inheritance, estate and succession taxes, see the comment to Form 545. If appropriate, an additional paragraph may be added to the form to read as follows: “Decedent’s last will and testament will be filed with the District Court of Apache County, Kansas pursuant to K.S.A. 59-618a and no administration of the estate has been or will be had and no fiduciary for the estate has been or will be appointed.” If the filed will is contractual between the joint tenants, or consented to by a spouse, the possibility of severance of the joint tenancy exists. See In re Estate of Rooney, 181 Kan. 1029, 317 P.2d 416 (1957). An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form. 2012