Order For Elective Share Of Surviving Spouse

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 For Elective Share Of Surviving Spouse 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 will issue after the hearing on Petition for Elective Share of Surviving Spouse. This order shows an instance when judgment is granted against recipients of decedent's property. In some estates there will be sufficient estate assets to satisfy the balance due to the surviving spouse. If notice were given that property was being held by third party payors, this order would direct their payment of the funds held, or they may have previously paid the funds in such manner as to be relieved of further responsibility.

Atticus Fast Facts About Order For Elective Share Of Surviving Spouse

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order For Elective Share Of Surviving Spouse:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-6a211

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 1708 - Order For Elective Share Of Surviving Spouse 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 1708, 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 1708 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 1708 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 For Elective Share Of Surviving Spouse 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 1708 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 1708, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order For Elective Share Of Surviving Spouse 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 1708 - Order For Elective Share Of Surviving Spouse 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 For Elective Share Of Surviving Spouse 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 1708 - Order For Elective Share Of Surviving Spouse. You can use this to get an idea of the context of the form and what type of information is needed.

1700-29 Kansas Probate Forms 3d 1708 (CAPTION) ORDER FOR ELECTIVE SHARE OF SURVIVING SPOUSE NOW, on this day, the Court hears the Petition for Elective Share of Surviving Spouse. Petitioner appears in person and by attorneys, Pleader, Pleader and Tryor. Theodore R. Doe appears by attorney David Jones, Robert E. Doe appears by attorney U. B. Brief, David J. Doe and Paul J. Doe appear by attorney Sam Johnson, Thomas E. Doe, Phillip P. and Sally W. Smith appear in person. There are no other appearances. After examining the files and hearing the evidence, statements and arguments of counsel, the Court finds: 1. Notice of this hearing has been given as required by law and the order of this court. 2. The allegations of the Petition are true. 3. The value of decedent's augmented estate is: $1,019,517.00 The elective share amount is: $ 468,978.00 The spouse's property applied to satisfy the elective share amount is: $ 439,240.00 The balance due to the surviving spouse is: $ 29,738.00 4. The balance due among the recipients of decedent's augmented estate is apportioned as follows: Person Amount Theodore R. Doe $ 3,244.00 Robert E. Doe $ 2,595.00 David J. Doe $ 519.00 Paul J. Doe $ 616.00 Thomas E. Doe $ 649.00 Philip P. Doe $ 324.00 Susan X. Green $ 1,298.00 Sally W. Smith $ 649.00 2021 1700-30 Kansas Probate Forms 3d THE COURT ORDERS: 1. The above findings are made a part of the order and decree of this court. 2. Judgment is entered on Mary Doe's behalf against the following parties in the following amounts: Person Amount Theodore R. Doe $ 3,244.00 Robert E. Doe $ 2,595.00 David J. Doe $ 519.00 Paul J. Doe $ 616.00 Thomas E. Doe $ 649.00 Philip P. Doe $ 324.00 Susan X. Green $ 1,298.00 Sally W. Smith $ 649.00 THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. SUBMITTED BY: /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. 59-6a211. Time After hearing on Petition for Elective Share of Surviving Spouse. Comment This order shows an instance when judgment is granted against recipients of decedent's property. In some estates there will be sufficient estate assets to satisfy the balance due to the surviving spouse. If notice were given that property was being held by third party payors, this order would direct their payment of the funds held, or they may have previously paid the funds in such manner as to be relieved of further responsibility. 2021