Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act

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 Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act 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 Order Admitting Will to Probate should be filed at the conclusion of the matter by the Court. The Court determines the form and the amount of the bond where the Will makes no provision for the Executor to serve without bond or bond is required by the Court. If the bond is excused by written waivers of all heirs, devisees and legatees, by K.S.A. 59-1104, the Order should so reflect. If the Executor is a nonresident, the Order should so find and require the Executor to file with the Court a written appointment of an agent pursuant to K.S.A. 59-1706.

Atticus Fast Facts About Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-706, K.S.A. 59-1101, K.S.A. 59-1104, K.S.A. 59-1706, K.S.A. 59-2223, K.S.A. 59-2224, K.S.A. 59-2227, K.S.A. 59-2233, K.S.A. 59-3201, K.S.A. 59-3202, K.S.A. 59-3203, K.S.A. 59-3204, K.S.A. 59-3205, K.S.A. 59-3206, 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 720 - Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act 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 720, 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 720 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 720 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 Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act 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 720 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 720, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act 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 720 - Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act 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 Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act 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 720 - Order Admitting Will To Probate And Issuing Letters Testamentary Under The Kansas Simplified Estates Act. You can use this to get an idea of the context of the form and what type of information is needed.

700-29 Kansas Probate Forms 3d 720 (CAPTION) ORDER ADMITTING WILL TO PROBATE AND ISSUING LETTERS TESTAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT NOW, on this day, the Court hears the Petition for Probate of Will, filed by Sue Brown. 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 and residences and addresses of heirs, devisees and legatees. 2. [All parties interested as heirs, devisees or legatees have entered their appearances in writing, waived notice of hearing and consented to an immediate hearing all of which is approved.] or [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 Brown died testate at Hometown, Kansas, on July 3, 2009; at the time of death decedent was a resident of Apache County, Kansas, and a citizen of the United States. 6. The capacity of the testator and the due execution of the Will are proved in accordance with K.S.A. 59-606 and 59-2224; the instrument dated April 15, 2009, and filed with the Petition is the Last Will and Testament of Joe Brown, deceased; at the time of the execution of the Last Will and Testament, the decedent was of legal age, of sound mind and not under any restraint; the Last Will and Testament was in full force and effect at the date of death of the decedent; and the Last Will and Testament should be admitted to Probate and Record. 2021 700-30 Kansas Probate Forms 3d 7. This is a proper Estate for administration under the Kansas Simplified Estates Act. 8. Sue Brown is named as Executor in the Last Will and Testament, and is a suitable and competent person to be granted Letters Testamentary under the Kansas Simplified Estates Act, without bond, in accordance with the directions of decedent's Last Will and Testament. (Note: If bond is excused for any other reason set forth in K.S.A. 59-1104, recite the reason in this paragraph. If bond is required, show that fact and the amount.) 9. Sue Brown, the Petitioner, was the wife of the decedent at the time the decedent executed the Last Will and Testament and Petitioner executed Petitioner's consent in writing to the Last Will and Testament of the decedent. [10. _____________________ is a nonresident of this State and must appoint an agent pursuant to K.S.A. 59-1706. (See Paragraph 2 of Comment.)] [11. A Notice Statement Pursuant to K.S.A. 59-2233 shall be mailed to the surviving spouse within 10 days of the qualification of the Executor.] THE COURT ORDERS: 1. The above findings are made a part of the order and decree of this court. 2. The instrument, dated April 15, 2009, and filed with the Petition is adjudged to be the Last Will and Testament of Joe Brown, deceased, and it is admitted to probate and record. 3. The Consent of Spouse dated April 15, 2009, executed by Sue Brown is adjudged to be a valid and binding consent to the Last Will and Testament of the decedent. 4. This Estate should be administered as a simplified Estate, and Sue Brown is appointed as Executor of the Last Will and Testament of Joe Brown, deceased, to serve without bond, and upon filing of oath, [and written appointment of agent pursuant to K.S.A. 59-1706] Letters Testamentary under the Kansas Simplified Estates Act will be issued. IT IS SO ORDERED. THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. 2021 700-3\\u0018 Kansas Probate Forms 3d APPROVED: /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. 59-706; 59-1101; 59-1104; 59-1706; 59-2223; 59-2224; 59-2227; 59-2233; 59- 3201; 59-3202; 59-3203; 59-3204; 59-3205; 59-3206; S. Ct. Rule 111. Time The Order Admitting Will to Probate should be filed at the conclusion of the matter by the Court. Comment The Court determines the form and the amount of the bond where the Will makes no provision for the Executor to serve without bond or bond is required by the Court. If the bond is excused by written waivers of all heirs, devisees and legatees, by K.S.A. 59-1104, the Order should so reflect. If the Executor is a nonresident, the Order should so find and require the Executor to file with the Court a written appointment of an agent pursuant to K.S.A. 59-1706. 2021