Notice Of Hearing Of Petition For Determining 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.

Notice Of Hearing Of Petition For Determining 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:

When title to real estate is to be assigned by the Court, the Notice of Hearing shall be pursuant to K.S.A. 59-2209. While it is customary practice to recite the legal description in the Notice of Hearing, it is not required. When title to real estate is not to be assigned by the Court, the Notice of Hearing shall be given or waived as provided in K.S.A. 59-2208.

Atticus Fast Facts About Notice Of Hearing Of Petition For Determining Descent

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Hearing Of Petition For Determining Descent:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-2208, K.S.A. 59-2209, K.S.A. 59-2210, K.S.A. 59-2251, S. Ct. Rule 111, S. Ct. Rule 143

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 303 - Notice Of Hearing Of Petition For Determining 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 303, 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 303 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 303 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 Notice Of Hearing Of Petition For Determining 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.

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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 303 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 303, and when in doubt— consult a qualified trust & estates lawyer for that area.

Notice Of Hearing Of Petition For Determining 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 303 - Notice Of Hearing Of Petition For Determining 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.

Notice Of Hearing Of Petition For Determining 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 303 - Notice Of Hearing Of Petition For Determining Descent. You can use this to get an idea of the context of the form and what type of information is needed.

300-6 Kansas Probate Forms 3d 303 First published in the Metropolis Herald, Tuesday, July 14, 2010. IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 6,000 JOE SMITH, Deceased NOTICE OF HEARING THE STATE OF KANSAS TO ALL PERSONS CONCERNED: You are notified that a Petition has been filed in this Court by Sara Smith, spouse and one of the heirs of Joe Smith, deceased, requesting: Descent be determined of 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 personal property and other Kansas real estate owned by decedent at the time of death. And that such property and all personal property and other Kansas real estate owned by the decedent at the time of death be assigned pursuant to [the laws of intestate succession] [the terms of the Valid Settlement Agreement dated March \\u0018, 20\\u00180]. You are required to file your written defenses to the Petition on or before August 10, 2010 at \\u00180:00 a.m. in the city of Metropolis in Apache County, Kansas, at which time and place the cause will be heard. Should you fail to file your written defenses, judgment and decree will be entered in due course upon the Petition. SARA SMITH Petitioner 2021 300-7 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 TO THE PUBLISHER: Please publish for three consecutive Tuesdays, commencing July 14, 2010. Immediately after the first publication, please forward _____ copies of the above and foregoing Notice to: Pleader, Pleader & Tryor, The Hometown State Bank Building, Hometown, Kansas. Immediately after the third publication, make your proof of publication to the District Court, Courthouse, with copy to this office. Reference 59-2208; 59-2209; 59-2210; 59-2251; S. Ct. Rule 111; S. Ct. Rule 143. Time The Notice of Hearing shall be published once a week for three consecutive weeks with the first publication within 10 days of the Order for Hearing. Comment When title to real estate is to be assigned by the Court, the Notice of Hearing shall be pursuant to K.S.A. 59-2209. While it is customary practice to recite the legal description in the Notice of Hearing, it is not required. When title to real estate is not to be assigned by the Court, the Notice of Hearing shall be given or waived as provided in K.S.A. 59-2208. 2021