Petition For Appointment Of Ancillary Conservator

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.

Petition For Appointment Of Ancillary Conservator 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:

Petition can be filed at any time by the conservator or other similarly empowered fiduciary appointed in any other state. Only the conservator or other similarly empowered fiduciary appointed in the other state may file, in the district court of any county in which any property of the proposed conservatee is situated, a verified petition requesting an ancillary conservator be appointed in Kansas. See K.S.A. 59-3062(a).

Atticus Fast Facts About Petition For Appointment Of Ancillary Conservator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Ancillary Conservator:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 53-601, K.S.A. 59-3062, K.S.A. 59-3063(d), K.S.A. 59-3065(e), K.S.A. 59-3066(f), K.S.A. 60-465, S. Ct. Rule 111, S. Ct. Rule 123

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 2625 - Petition For Appointment Of Ancillary Conservator 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 2625, 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 2625 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 2625 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 Petition For Appointment Of Ancillary Conservator 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 2625 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 2625, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Ancillary Conservator 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 2625 - Petition For Appointment Of Ancillary Conservator 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.

Petition For Appointment Of Ancillary Conservator 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 2625 - Petition For Appointment Of Ancillary Conservator. You can use this to get an idea of the context of the form and what type of information is needed.

2021 2600-68 Kansas Probate Forms 3d 2625 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Conservatorship of Richard Roe. No. _______________ (Petition pursuant to K.S.A. Chapter 59) PETITION FOR APPOINTMENT OF ANCILLARY CONSERVATOR Mary Roe, Petitioner, states: \\u0018. My address is \\u001823 E. Spruce, Pawnee, Oregon 97402. The proposed conservatee, Richard Roe, has been duly adjudged an adult with an impairment in need of a conservator by the Circuit Court of Clinton County, Oregon, and I have been appointed conservator by that court for Richard Roe, which adjudication and appointment remains in full force and effect. 2. The name, age, date of birth, present whereabouts and permanent residence of the proposed conservatee are: Name: Richard Roe Age: 74 years Year of Birth: \\u0018937 Present Whereabouts: Shady Pines Long Term Care Oneida, Oregon 973\\u00186 Permanent Residence: \\u001823 E. Spruce, Pawnee, Oregon 97402. 3. The proposed conservatee, Richard Roe, is a person in need of an ancillary conservator, as the owner of real estate located in Apache County, Kansas, of the approximate value of $20,000, for which an ancillary conservatorship is needed. 4. The appointment of an ancillary conservator is necessary in order that a petition may be filed in this court for authority to sell, at private sale, that real estate located in Apache County, Kansas to provide for the support and maintenance of the conservatee. 5. The names and addresses of the proposed conservatee’s spouse, adult 2021 2600-69 Kansas Probate Forms 3d children, adult grandchildren, parents and adult siblings, to the extent known, are: Name Address Relationship Mary Roe \\u001823 E. Spruce, Pawnee, OR 97402 Spouse Herbert Roe 7\\u0018\\u0018 N. Bramley, Pawnee, OR 97402 Son Rowena Roe \\u0018230 Laura, Pawnee, OR 97402 Grandchild Each of them has executed Entry of Appearance, Waiver of Notice and Consent to Appointment of Suggested Ancillary Conservator, which are filed with this petition. The proposed conservatee has no living parents and no living siblings. [None. However, there is reason to believe such persons exist and a diligent inquiry has been made consisting of a computer search and a telephonic search to contact known interested persons.] 6. To the extent known, after diligent inquiry, no person or corporation is acting for or has been nominated to act on behalf of the proposed conservatee in this state pursuant to any power of attorney, trust or other fiduciary relationship established by any court order. 7. The location of the property within Kansas, valued at $20,000, for which an ancillary conservatorship is being sought, is: South Half of the Northwest Quarter (S/2NW/4) of Section Three (3), Township Twenty-one (2\\u0018) South, Range Twenty-four (24), West of the Sixth Principal Meridian situated in Apache County, Kansas. 8. The names and addresses of witnesses by whom the truth of the petition may be proved are: Mary Roe, \\u001823 E. Spruce, Pawnee, OR 97402. Herbert Roe, 7\\u0018\\u0018 N. Bramley, Pawnee, OR 97402. Rowena Roe, \\u0018230 Laura, Pawnee, OR 97402. B.N. Barnes, Barnes Realty, 604 Main, Hometown, KS 67458. Larry Smith, L.S. Exploration Co., 3\\u00182 Main, Hometown, KS 67458. B. N. Counter, Apache Co. Treasurer, Apache County Courthouse, Hometown, KS 67458. 9. The name, address and relationship to the proposed conservatee of the suggested ancillary conservator is: Mary Roe, \\u001823 E. Spruce, Pawnee, OR 97402, spouse of the proposed conservatee. Mary Roe is a woman who was born in \\u0018942, and is 69 years of age. She is not employed. Mary Roe has no personal or agency interest that might be perceived as self-serving or adverse to the position or best interest of Richard Roe. \\u00180. Mary Roe has completed the instructional program required by K.S.A. 59- 2021 2600-70 Kansas Probate Forms 3d 3069(j), and evidence of completion is attached hereto. \\u0018\\u0018. This petition is accompanied by a duly authenticated copy of the order of adjudication and appointment and documents showing the continuing authority of the petitioner in the state of Oregon. PETITIONER REQUESTS that the Court: \\u0018. Determine by clear and convincing evidence that Richard Roe, the proposed conservatee, is a person in need of an ancillary conservator. 2. Appoint Mary Roe as ancillary conservator for Richard Roe, the proposed conservatee, in this state. 3. Issue an order that the trial on the Petition be held immediately and without notice pursuant to subsection (d) of K.S.A. 59-3063. MARY ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) Reference K.S.A. 53-60\\u0018; 59-3062; 59-3063(d); 59-3065(e); 59-3066(f); 60-465; S. Ct. Rule \\u0018\\u0018\\u0018; S. Ct. Rule \\u001823. Time Petition can be filed at any time by the conservator or other similarly empowered fiduciary appointed in any other state. Comment Only the conservator or other similarly empowered fiduciary appointed in the other state may file, in the district court of any county in which any property of the proposed conservatee is situated, a verified petition requesting an ancillary conservator be appointed in Kansas. See K.S.A. 59-3062(a). Unless all persons or agencies entitled to notice have entered their appearances, waived notice and consented to the appointment in Kansas of the suggested ancillary conservator, the verified petition shall request the court to set the matter for trial no earlier than seven days or later than 21 days after the date of the filing of the petition. See K.S.A. 59-3062(b)(11) and 59- 3063(d). One may also request appointment of an attorney for the proposed conservatee. See K.S.A. 59-3062(b)(\\u0018\\u0018) and 59-3065(e)(\\u0018). 2021 2600-7\\u0018 Kansas Probate Forms 3d In paragraph 9, the petition pleads the name, age, date of birth, gender, address and place of employment of the proposed conservator as required by K.S.A. 59-3062(b)(9). Much of this information will be helpful in identifying the conservator should it ever become necessary to issue a bench warrant for that person. In paragraph 9, the petition also pleads that the proposed guardian and conservator has no personal or agency interest that may be perceived as self-serving or adverse to the interests of the proposed ward. See K.S.A. 59-3062(b)(9). For examples of petitions where a conflict of interest is alleged, see Forms 260\\u0018 and 2620. Personal or agency interest includes but is not limited to, details of any financial, agency or other transactions between a proposed guardian, guardian, proposed conservator or conservator and the proposed ward, ward, proposed conservatee or conservatee as applicable. K.S.A. 59- 305\\u0018(j). As of January 1, 2009, every individual appointed as guardian or conservator must file with the court evidence of completion of a basic instructional program concerning the duties and responsibilities of a guardian or conservator prior to the issuance of letters of guardianship and conservatorship. K.S.A. 59-3069(j). The materials comprising the instructional program may be found at the end of the Miscellaneous Guardianship and Conservatorship Forms and are also available on the Judicial Council’s website: www.kansasjudicialcouncil.org. This petition was drafted to allege that the proposed conservator has already completed the instructional program. In many instances, it is expected that a proposed guardian or conservator will complete the instructional program before the filing of the petition; however, the statute only requires that evidence of completion of the instructional program be filed before Letters are issued. K.S.A. 59-3069(j). See Forms 260\\u0018 and 2605 for an example of a petition and order where evidence of completion of the instruction program has not been filed before the hearing on the petition. The verified petition shall be accompanied by a duly authenticated copy of the order of adjudication and appointment and documents showing the petitioner’s continuing authority in the other state. See K.S.A. 59-3062(c) and 60-465. If there appears to be imminent danger that the estate of the proposed conservatee will be significantly depleted if immediate action is not taken, this petition may request appointment of a temporary ancillary conservator; or, after the filing of the original petition, an additional verified petition may be filed requesting such appointment. See K.S.A. 59-3073. The petition may suggest appointment of co-ancillary conservators (K.S.A. 59-3062(b)(\\u00180)) and may be accompanied by a conservatorship plan (K.S.A. 59-3079). Many other states will use such terms as “incapacitated,” “disabled” etc. to describe what Kansas defines as “adult with an impairment in need of a conservator,” in K.S.A. 59-305\\u0018(a). Although the forms in this section deal with an ancillary conservator for an adult, ancillary conservators can also be appointed for minors. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 2501 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings.