Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship)

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 Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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:

It is not recommended that a court appoint more than a single standby guardian or standby conservator. If co-appointments must be made, the order should specify whether such co-standbys shall have the authority to act independently or must act only in concert with one another. Though it is not stated so in statute, all that is required is that the best interests of the ward or conservatee be shown by a preponderance of the evidence, since the need for the underlying guardianship or conservatorship must already have been shown by clear and convincing evidence. The appointment of a standby does not further impinge upon the liberty of the ward or conservatee more than the original appointment does.

Atticus Fast Facts About Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship):

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-3074

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 2707 - Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2707, 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 2707 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 2707 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 Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2707 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 2707, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2707 - Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2707 - Order Appointing A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship). You can use this to get an idea of the context of the form and what type of information is needed.

2700-20 Kansas Probate Forms 3d 2707 (CAPTION) ORDER APPOINTING A STANDBY GUARDIAN AND STANDBY CONSERVATOR NOW, on this day, the Court hears the Petition filed by Bob Roe, seeking orders of this Court appointing a standby guardian [and a standby conservator] for Richard Roe, a person previously found to be an adult with an impairment in need of a guardian [and a conservator]. Appearances are: Bob Roe, petitioner, appears in person and by his attorney, W.B. Pleader. Richard Roe, ward [and conservatee], appears not, [but by and through his court-appointed attorney, A.B. Defender.] Also present is Mary Roe, guardian [and conservator]. No other persons appear. After examining the file and records in this matter, and hearing the evidence presented, and the statements and arguments of counsel, the Court finds that: \\u0018. All necessary parties have been given appropriate notice of these proceedings and proof has been filed with the Court. 2. The allegations made within the Petition are true and it is in the best interests of the ward [and conservatee] that a standby guardian [and a standby conservator] be appointed. 3. Bob Roe is a fit and proper person to be so appointed. [No other nominee of any interested party is shown to the Court to be a more fit or proper person, nor to have a higher priority for appointment as provided for in K.S.A. 59-3068.] THE COURT ORDERS that: \\u0018. Bob Roe shall file with the Court an Oath as provided for in K.S.A. 59- 3069, and upon doing so, the Court shall issue appropriate Letter of Authority. If the standby guardian finds it necessary to assume the duties, responsibilities, powers and authorities of the guardian, he shall file a report concerning such with the Court within \\u00180 days of such assumption, as provided for in K.S.A. 59-3074. The Court may at that time issue other appropriate orders. [2. Bob Roe shall also file with the Court a bond in the amount of $__ __________, with appropriate sureties, being the amount calculated based upon \\u001825% of the combined value of the tangible and intangible personal property in the conservatee’s estate as of this time, and the total of the annual income the 2021 2700-2\\u0018 Kansas Probate Forms 3d conservator expects to receive on behalf of the conservatee, minus reasonably expected expenses over the next year. Upon the filing of this bond, the Court shall issue appropriate Letters of Authority. If the standby conservator finds it necessary to assume the duties, responsibilities, powers and authorities of the conservator, then he shall file a report concerning such with the Court within 10 days of such assumption. The Court may at that time issue other appropriate orders.] OR [2. Bob Roe shall be excused from the filing of any bond at this time. The Court will issue appropriate Letters of Authority. However, should the standby conservator find it necessary to assume the duties, responsibilities, powers and authorities of the conservator, then he shall file a report concerning such with the Court within \\u00180 days of such assumption, as provided for in K.S.A. 59-3074. Based upon the information contained within that report, the Court shall at that time determine a proper bond which the standby conservator shall be required to file, or the Court shall issue other appropriate orders.] [3. The following fees and expenses are allowed as costs and are assessed against the estate of the conservatee: the fees of the court-appointed attorney for the ward [and conservatee] in the amount of $ .] THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. Reference K.S.A. 59-3074. Comment It is not recommended that a court appoint more than a single standby guardian or standby conservator. If co-appointments must be made, the order should specify whether such co-standbys shall have the authority to act independently or must act only in concert with one another. Though it is not stated so in statute, all that is required is that the best interests of the ward or conservatee be shown by a preponderance of the evidence, since the need for the underlying guardianship or conservatorship must already have been shown by clear and convincing evidence. The appointment of a standby does not further impinge upon the liberty of the ward or conservatee more than the original appointment does. 2021