Decree Of Descent

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.

Decree Of Descent 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:

Atticus Fast Facts About Decree Of Descent

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Decree Of Descent:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-102(8), K.S.A. 59-2251, S. Ct. Rule 111

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 308 - Decree Of Descent 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 308, 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 308 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 308 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 Decree Of Descent 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?

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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 308 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 308, and when in doubt— consult a qualified trust & estates lawyer for that area.

Decree Of Descent 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 308 - Decree Of Descent 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.

Decree Of Descent 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 308 - Decree Of Descent. You can use this to get an idea of the context of the form and what type of information is needed.

300-\\u00180 Kansas Probate Forms 3d 308 (CAPTION) DECREE OF DESCENT NOW, on this day, the Court hears the Petition for Determination of Descent [and Approval of Valid Settlement Agreement] filed by Sara Smith, widow and one of the heirs of Joe Smith, deceased. The Petitioner appears in person and by attorneys Pleader, Pleader & Tryor. There are no other appearances. After examining the files and hearing the evidence, statements and arguments of counsel, the Court finds: 1. Due diligence has been exercised in the search for names, ages, relationships, residences and addresses of heirs. 2. Notice of this hearing has been given as required by law and the Order of this Court and proof of notice has been filed and is approved. 3. The allegations of the Petition are true. 4. The terms and provisions of the Servicemembers Civil Relief Act have been complied with as to any interested person or persons who are in the service of the United States or its allies. 5. Joe Smith died at Hometown, Kansas, on July 3, 2009; more than six months have expired since the date of death; at the time of death decedent was a resident of Apache County, Kansas, and a citizen of the United States. 6. No petition has been filed for the probate of a Will of decedent nor administration commenced in this State. 7. The names, ages, and relationships of the heirs who under the laws of intestate succession are entitled to the Estate and their respective proportions are: Name Age Relationship Proportion Sara Smith Adult Wife one-half Woodrow Smith Adult Son one-sixth Theodore Smith Adult Son one-sixth Eleanor Smith Adult Daughter one-sixth 8. The decedent had no spouse or children, issue of deceased children or other heirs who survived decedent, other than the persons above named. 2021 2010 300-\\u0018\\u0018 Kansas Probate Forms 3d 9. At the time of death, the decedent owned the following described real estate situated in Apache County, Kansas: The East half of the Southeast quarter of Section 35, Township 20 South, Range 30 West. 10. At the time of death, the decedent owned the following described personal property: 100 shares of XYZ Corp. Common Stock, Certificate #xxxx. [\\u0018\\u0018. No Kansas estate tax is chargeable against the estate.] [Alternative 12. The Kansas real estate and all personal property of decedent, subject to any lawful disposition previously made, should be assigned and distributed under the laws of intestate succession as follows: Name Proportion Sara Smith one-half Woodrow Smith one-sixth Theodore Smith one-sixth Eleanor Smith one-sixth or [Alternative 12. The instrument dated March \\u0018, 20\\u00180, and filed with this Petition is a Valid Settlement Agreement pursuant to K.S.A. 59-102(8), should be approved and should be construed to distribute the estate as follows: (a) The Kansas real estate, subject to any lawful disposition previously made, should be assigned as follows: Name Proportion Sara Smith one-half Woodrow Smith one-sixth Theodore Smith one-sixth Eleanor Smith one-sixth (b) After the payment of fees, expenses and costs, all of the residue of the estate should be assigned and distributed as follows: to Sara Smith.] THE COURT ORDERS: 1. The above findings are made a part of the order and decree of this court. [Alternative 2. The title to all of the interests of Joe Smith, deceased, in and to the real and personal property above described and all other personal property and Kansas real estate owned by the decedent at death on July 3, 2009, descended from 300-\\u00182 Kansas Probate Forms 3d decedent to decedent's heirs at law pursuant to the laws of intestate succession in the following proportions: Name Proportion Sara Smith one-half Woodrow Smith one-sixth Theodore Smith one-sixth Eleanor Smith one-sixth and the title to such property is assigned to the heirs as of the date of death, subject to any lawful disposition previously made.] OR [Alternative 2. The instrument dated March \\u0018, 20\\u00180, and filed with this Petition is a Valid Settlement Agreement pursuant to K.S.A. 59-102(8), is approved and is construed to distribute the estate as follows: (A) The following described real estate situated in Apache County, Kansas: The East half of the Southeast quarter of Section 35, Township 20 South, Range 30 West and all other Kansas real estate owned by the decedent, subject to any lawful disposition previously made is assigned as follows: Name Proportion Sara Smith one-half Woodrow Smith one-sixth Theodore Smith one-sixth Eleanor Smith one-sixth (B) After the payment of all fees, expenses and costs, all of the residue of the estate including, but not limited to: 100 shares of XYZ Corp. Common Stock, Certificate #xxxx is assigned and distributed as follows: to Sara Smith.] THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. 2021 300-\\u00183 Kansas Probate Forms 3d /s/ W.B. Pleader W.B. Pleader, # 00000 PLEADER, PLEADER & TRYOR The Hometown State Bank Building Hometown, Kansas 66648 (913) 555-0000 [Fax: (913) 555-1111] wbpleader@ppt.com Attorneys for Petitioner Reference K.S.A. 59-102(8); 59-2251; S. Ct. Rule 111. Comment 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. 2021