Kansas Probate Form 64

Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b)

Everything you need to know about Kansas Form 64, 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 Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b)

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.

Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) 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:

The durable power of attorney included in this form is not a general grant of authority and its use should be limited to situations involving sale of the homestead. The Judicial Council is grateful to the Kansas Bar Association for permission to reproduce Kansas Title Standard 6.12(b), which is copyrighted and is a part of the Kansas Title Standards Handbook.

View Form 64

KS Form 64, which may also referred to as Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b), is a probate form in Kansas. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b):

  • This form pertains to the State of Kansas

  • 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 ’s Form 64 - Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) up to date, certain details can change from time-to-time with little or no communication.

How to file Form 64

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 64, 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 64 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 64 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 Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) 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 Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) 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 64 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 64, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 64 Online

Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) 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 64 - Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) 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.

Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) 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.

View Form 64

KS Form 64, which may also referred to as Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b), is a probate form in Kansas. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form 64 - Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b) is a probate form in Kansas.

  • The durable power of attorney included in this form is not a general grant of authority and its use should be limited to situations involving sale of the homestead. The Judicial Council is grateful to the Kansas Bar Association for permission to reproduce Kansas Title Standard 6.12(b), which is copyrighted and is a part of the Kansas Title Standards Handbook.

  • 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 Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b)

The durable power of attorney included in this form is not a general grant of authority and its use should be limited to situations involving sale of the homestead. The Judicial Council is grateful to the Kansas Bar Association for permission to reproduce Kansas Title Standard 6.12(b), which is copyrighted and is a part of the Kansas Title Standards Handbook.

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 64

Here’s the text, verbatim, that is found on Kansas Form 64 - Durable Power Of Attorney On Homestead From Kansas Title Standard 6.12(b). You can use this to get an idea of the context of the form and what type of information is needed.

2010 Kansas Probate Forms 3d 10-31 64 DURABLE POWER OF ATTORNEY ON HOMESTEAD FROM KANSAS TITLE STANDARD 6.12(b) The Kansas Bar Association’s Title Standards Committee, in response to the problem in which John and Jane Doe, husband and wife, wish to grant Sam Smith a power of attorney to sell, gift, transfer, mortgage or otherwise alienate their homestead, and it is difficult or inconvenient for John Doe to join in the power of attorney with Jane Doe, opined that John Doe may by separate document give his consent to Sam Smith to sell, gift, transfer, mortgage or alienate the homestead. In Kansas Title Standard 6.12(b), the Title Standards Committee stated that K.S.A. 58-654 (as amended in 2004) no longer requires that the husband and wife execute the same power of attorney instrument and the following durable power of attorney is sufficient to accomplish this purpose: DURABLE POWER OF ATTORNEY ON HOMESTEAD KNOW ALL PERSONS that I, John Doe, husband of Jane Doe, do hereby make, constitute and appoint, Sam Smith as my attorney in fact, to do any and every act and thing which I might do, and to enter into and perform on any and every contract, agreement, act, deed, instrument and thing as I might or could do, all on such terms and conditions as my said attorney shall determine in said attorney’s sole discretion, including regarding our personal residence and homestead, as described as: Lot 1, Block 1, Subtraction Addition, Sedgwick County, Kansas (commonly known as 1234 Dark Alley, Wichita, Kansas 67000) Our said attorney-in-fact shall have full power and authority to contract, and to sell, transfer, convey, lease, assign, mortgage or in anywise to encumber or alienate our homestead property, and to execute any and all instruments in such transaction, for cash or credit, all as our said attorney-in-fact shall determine, with full power vested in said attorney-in-fact to do all things necessary to effect the intended transaction. 2010 Kansas Probate Forms 3d 10-32 This Durable Power of Attorney shall not terminate if I become disabled or in the event of later uncertainty as to whether either of us is dead or alive. This Power of Attorney is executed in conjunction with a separate Power of Attorney executed by my wife Jane Doe to Sam Smith to sell the above described real estate which is our homestead. We intend by the execution hereof, that this Durable Power of Attorney constitutes the joint consent required by Kansas Constitution Art. 15, § 9. IN WITNESS WHEREOF, I execute this Power of Attorney. ____________________________ John Doe STATE OF KANSAS, SEDGWICK COUNTY: ss This instrument was acknowledged before me on February 28, 2005, by John Doe, husband of Jane Doe. Notary Public My Appointment Expires: Comment The durable power of attorney included in this form is not a general grant of authority and its use should be limited to situations involving sale of the homestead. The Judicial Council is grateful to the Kansas Bar Association for permission to reproduce Kansas Title Standard 6.12(b), which is copyrighted and is a part of the Kansas Title Standards Handbook.

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