Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report

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.

Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report 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:

This order assumes that the accounting of the conservator is proper. If, on the other hand, the Court finds that the conservator has innocently misused any funds or assets of the conservatee’s estate, the Court shall order the conservator to repay such funds or return such assets to the conservatee’s estate. If the Court finds that the conservator has embezzled or converted for the conservator’s personal use any funds or assets of the conservatee’s estate, the Court shall find the conservator liable for double the value of those funds or assets under K.S.A. 59-1704. In either case, the Court may order the forfeiture of the conservator’s bond, or such portion of the bond as equals the value of such funds or assets, including any lost earnings and the costs of recovering those funds or assets (including reasonable attorney fees) as the Court may allow, and may require satisfaction of the surety. Neither the conservator, nor the conservator’s estate or surety, shall be finally released from such bond until the satisfaction thereof. K.S.A. 59- 3088(f).

Atticus Fast Facts About Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-3088

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 2761 - Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report 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 2761, 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 2761 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 2761 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 Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report 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 2761 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 2761, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report 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 2761 - Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report 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.

Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report 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 2761 - Order Accepting Resignation Of Guardian/conservator; Appointing Successor Guardian/conservator; And Approving Accounting And Report. You can use this to get an idea of the context of the form and what type of information is needed.

2700-\\u001820 Kansas Probate Forms 3d 2761 (CAPTION) ORDER ACCEPTING RESIGNATION OF GUARDIAN AND CONSERVATOR; APPOINTING SUCCESSOR GUARDIAN AND CONSERVATOR; AND APPROVING ACCOUNTING AND REPORT NOW, on this day, the Court hears the petition of Mary Roe requesting that the Court accept her resignation as guardian and conservator, appoint a successor guardian and conservator for Richard Roe, and approve the accounting and report filed by petitioner. Petitioner appears in person and by her attorney W. B. Pleader. There are no other appearances. After examining the files, and hearing the evidence, statements and arguments of counsel, the Court finds that: \\u0018. Notice of this hearing has been given to all interested parties as required by law and the order of this Court and proof has been filed and is approved. OR [Notice of this hearing is not necessary as all interested parties as required by law have entered appearance, waived notice, and agreed to the Court’s entering the order requested, all of which is accepted and approved by the Court.] 2. The allegations of the petition are true. 3. By a preponderance of the evidence the Court finds that Mary Roe should be permitted to resign as guardian and conservator for Richard Roe. 4. Bob Roe is a fit and proper person to be appointed successor guardian and conservator for Richard Roe. 5. By a preponderance of the evidence, the accounting accurately accounts for the conservatee’s estate, shows appropriate administration on the part of the conservator, fees and costs in the amount of $ requested for the conservator and the conservator’s counsel are reasonable and should be paid immediately, and the Court should approve the accounting and order that it is allowed and settled. Such allowance and settlement shall relieve the conservator and the conservator's sureties, if any, from liability for all acts and omissions, if any, which are fully and accurately described in the accounting, including the investment of the assets of the conservatee’s estate. 6. By a preponderance of the evidence, the guardian’s report on the condition of the ward shows appropriate administration on the part of the guardian, fees and 2021 2700-\\u00182\\u0018 Kansas Probate Forms 3d costs in the amount of $ requested for the for the guardian and the guardian’s counsel are reasonable and should be paid immediately, and that the Court should approve the report. THE COURT ORDERS that: 1. The above findings are made a part of the order and decree of the Court. 2. The resignation of Mary Roe as guardian and conservator for Richard Roe is accepted and the letters of guardianship and conservatorship issued to Mary Roe on July 28, 20\\u00180 are revoked. 3. Bob Roe is appointed successor guardian and conservator for Richard Roe and, upon the filing of an oath and bond in the amount of $_______________, Letters of guardianship and conservatorship shall be issued to him. 4. The conservator and the conservator's sureties, if any, are released from liability from all acts and omissions, if any, which are described in the accounting, including the investment of the assets of the conservatee’s estate. Said accounting being a final accounting by such conservator, the conservator is authorized and directed to deliver the remaining funds and assets of the conservatee’s estate to Bob Roe, the successor conservator, and to then file with this Court a receipt for the same, at which time the Court will finally release the conservator, the conservator's estate, and the conservator's surety. 5. The above fees and costs shall be paid and assessed against the estate of Richard Roe. THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. Reference K.S.A. 59-3088. Comment The above order assumes that the accounting of the conservator is proper. If, on the other hand, the Court finds that the conservator has innocently misused any funds or assets of the conservatee’s estate, the Court shall order the conservator to repay such funds or return such assets to the conservatee’s estate. If the Court finds that the conservator has embezzled or converted for the conservator’s personal use any funds or assets of the conservatee’s estate, the Court shall find the conservator liable for double the value of those funds or assets under K.S.A. 59-1704. In either case, the Court may order the forfeiture of the conservator’s bond, or such portion of the bond as equals the value of such funds or assets, including any lost earnings and the costs of recovering those funds or assets (including reasonable attorney fees) as the Court may allow, and may require satisfaction of the surety. Neither the conservator, nor the conservator’s estate or surety, shall be finally released from such bond until the satisfaction thereof. K.S.A. 59- 3088(f). 2021