Everything you need to know about Kansas Form 705, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.
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.
Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209 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 validity of a consent may be determined later, but where the witnesses to the will and to the consent are the same, it is usually more convenient to make the determination at the hearing. If the validity of a consent is to be determined, a proper notice is required along with an appropriate allegation and prayer in the Petition. If the Notice required by K.S.A. 59-2222 is waived, the Notice to Creditors shall be published separately. (See Form 711).
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209:
This form pertains to the State of Kansas
The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-709, K.S.A. 59-2208, K.S.A. 59-2209, K.S.A. 59-2210, K.S.A. 59-2222, K.S.A. 59-2223, K.S.A. 59-2225, K.S.A. 59-2233, K.S.A. 59-2236, K.S.A. 59-2239, 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 705 - Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209 up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form 705, 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 705 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).
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.
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.
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?
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.
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.
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.
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 705, and when in doubt— consult a qualified trust & estates lawyer for that area.
Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209 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 705 - Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209 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.
Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209 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.
Form 705 - Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209 is a probate form in Kansas.
The validity of a consent may be determined later, but where the witnesses to the will and to the consent are the same, it is usually more convenient to make the determination at the hearing. If the validity of a consent is to be determined, a proper notice is required along with an appropriate allegation and prayer in the Petition. If the Notice required by K.S.A. 59-2222 is waived, the Notice to Creditors shall be published separately. (See Form 711).
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.
What is Kansas Form 705 - Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209?
The validity of a consent may be determined later, but where the witnesses to the will and to the consent are the same, it is usually more convenient to make the determination at the hearing. If the validity of a consent is to be determined, a proper notice is required along with an appropriate allegation and prayer in the Petition. If the Notice required by K.S.A. 59-2222 is waived, the Notice to Creditors shall be published separately. (See Form 711).
What is probate, exactly?
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.
Where can I get help with 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!
What does a KS executor or personal representative have to do?
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.
Here’s the text, verbatim, that is found on Kansas Form 705 - Simplified Administration - Notice Of Hearing And Notice To Creditors If Notice Is Required Pursuant To K.s.a. 59-2209. You can use this to get an idea of the context of the form and what type of information is needed.
700-\\u00182 Kansas Probate Forms 3d 705 First published in the Metropolis Herald, Friday, July 11, 2009. IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 8,888 JOE BROWN, Deceased NOTICE OF HEARING AND NOTICE TO CREDITORS THE STATE OF KANSAS TO ALL PERSONS CONCERNED: You are notified that on July 10, 2009, a Petition was filed in this Court by Sue Brown, an heir, devisee and legatee, and Executor named in the Last Will and Testament of Joe Brown, deceased, dated April 15, 2009, requesting that the instrument attached thereto be admitted to probate and record as the Last Will and Testament of the decedent; Letters Testamentary under the Kansas Simplified Estates Act be issued to Executor to serve without bond and the Consent of Spouse, filed in this case, be determined a valid consent. You are further advised under the provisions of the Kansas Simplified Estates Act the Court need not supervise administration of the Estate, and no notice of any action of the Executor or other proceedings in the administration will be given, except for notice of final settlement of decedent's estate. You are further advised if written objections to simplified administration are filed with the Court, the Court may order that supervised administration ensue. You are required to file your written defenses to the Petition on or before August 4, 2009, at 10:00 a.m. in the District Court, in Metropolis, 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. All creditors are notified to exhibit their demands against the Estate within the latter of four months from the date of the first publication of this notice, as provided by law, or if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given as provided by law, and if their demands are not thus exhibited, they shall be forever barred. 2021 700-\\u00183 Kansas Probate Forms 3d SUE BROWN Petitioner /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 Fridays, commencing July 11, 2009. 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 66648. Immediately after the third publication, make your proof of publication to the District Court, Courthouse, with copy to this office. Reference K.S.A. 59-709; 59-2208; 59-2209; 59-2210; 59-2222; 59-2223; 59-2225; 59-2233; 59- 2236; 59-2239; S. Ct. Rule 111; S. Ct. Rule 143. Time The Notice of Hearing and Notice to Creditors shall be published once a week for three consecutive weeks with the first publication within ten days of the Order for Hearing and Notice to Creditors. Comment The validity of a consent may be determined later, but where the witnesses to the will and to the consent are the same, it is usually more convenient to make the determination at the hearing. If the validity of a consent is to be determined, a proper notice is required along with an appropriate allegation and prayer in the Petition. If the Notice required by K.S.A. 59-2222 is waived, the Notice to Creditors shall be published separately. (See Form 7\\u0018\\u0018.) The nonclaim statute for creditors begins to run with the first publication of the notice unless the identity of the creditor is known or reasonably ascertainable and the notice is received within 30 days of the end of the nonclaim period. Actual notice to known or reasonably ascertainable creditors is required. Mailing a copy of the published notice is suggested. 2021
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