Everything you need to know about Kansas Form 1608, 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.
Order To Sell Real Estate At Public Auction 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 usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell.
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order To Sell Real Estate At Public Auction:
This form pertains to the State of Kansas
The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-1202, K.S.A. 59-2305, K.S.A. 59-2306, K.S.A. 59-2307, K.S.A. 59-2312, K.S.A. 59-2313, 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 1608 - Order To Sell Real Estate At Public Auction 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 1608, 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 1608 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.
Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?
👉 Find and Contact your Local Probate Court
👉 What is a Domicile Jurisdiction?
Sponsored by Atticus App
Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.
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 1608, and when in doubt— consult a qualified trust & estates lawyer for that area.
Order To Sell Real Estate At Public Auction 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 1608 - Order To Sell Real Estate At Public Auction 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 To Sell Real Estate At Public Auction 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 1608 - Order To Sell Real Estate At Public Auction is a probate form in Kansas.
The Order will usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell.
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 1608 - Order To Sell Real Estate At Public Auction?
The Order will usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell.
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 1608 - Order To Sell Real Estate At Public Auction. You can use this to get an idea of the context of the form and what type of information is needed.
1600-8 Kansas Probate Forms 3d 1608 (CAPTION) ORDER TO SELL REAL ESTATE AT PUBLIC AUCTION NOW, on this day, the Court hears the Petition for Sale of Real Estate at Public Auction, filed by Jack O. Jones, Administrator of the Estate of John Jones, deceased. The 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. 2. 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. Certain demands have been filed and allowed against this Estate as shown by the files and records of this Court; this Estate is subject to the payment of debts, taxes and costs of administration; and there are insufficient funds and personal property to pay them. 6. The decedent at the time of death owned the following described real estate situated in Apache County, Kansas: The Southeast quarter of Section 26, Township 20 South, Range 30 West, containing 160 acres, more or less. 7. The above described real estate is not a homestead and is subject to the payment of debts of the decedent; it is necessary to sell the real estate for the payment of debts, taxes and costs of administration; and it can be more advantageously sold at public auction. 8. The Administrator should be authorized to pay the costs of the sale including an abstract of title or policy of title insurance and the expense of employing an auctioneer. 2021 1600-9 Kansas Probate Forms 3d THE COURT ORDERS: 1. The above findings are made a part of the order and decree of this court. 2. The Administrator is authorized and directed to sell at public auction for cash, all of the above described real estate, the sale to be held at the east front door of the Courthouse in Metropolis, Apache County, Kansas. 3. From the proceeds of the sale, the Administrator is authorized to pay accrued taxes, the costs of the sale, the expense of employing an auctioneer not to exceed _____% of the sale price and to provide an abstract of title or policy of title insurance. 4. The Administrator is not required to file an additional bond. or [4. The Administrator is required to file an additional bond in the sum of $37,500 before a sale will be confirmed.] THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. APPROVED 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. 59-1202; 59-2305; 59-2306; 59-2307; 59-2312; 59-2313; S. Ct. Rule 111. Time The Order will usually issue on the date fixed in the Notice. Comment The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell. 2021
View allKansas probate forms.
Need step-by-step guidance? Let Atticus help find and recommend necessary forms to help you through the process with full confidence— from start to finish.