Petition For Appointment Of Conservator For A Minor (Involuntary 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.

Petition For Appointment Of Conservator For A Minor (Involuntary 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:

Petition may be filed at any time before age 18. Parental conservatorships are common. Parents may be co-petitioners and act as co- fiduciaries. The statute allows conservatorship avoidance at amounts of less than $100,000, therefore this case would be mandatory. See K.S.A. 59-3055. The use of structured settlements in personal injury cases may also avoid conservatorship filings. A minor who has attained the age of 14 has a priority right of nomination.

Atticus Fast Facts About Petition For Appointment Of Conservator For A Minor (Involuntary Conservatorship)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Conservator For A Minor (Involuntary Conservatorship):

• 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. 59-3055, K.S.A. 59-3059, K.S.A. 59-3068

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 2609 - Petition For Appointment Of Conservator For A Minor (Involuntary 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 2609, 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 2609 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 2609 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 Conservator For A Minor (Involuntary 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 2609 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 2609, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Conservator For A Minor (Involuntary 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 2609 - Petition For Appointment Of Conservator For A Minor (Involuntary 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.

Petition For Appointment Of Conservator For A Minor (Involuntary 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 2609 - Petition For Appointment Of Conservator For A Minor (Involuntary Conservatorship). You can use this to get an idea of the context of the form and what type of information is needed.

2021 2600-30 Kansas Probate Forms 3d 2609 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Conservatorship of No.______________ Johnny Roe, a minor (Pursuant to K.S.A. Chapter 59) PETITION FOR APPOINTMENT OF CONSERVATOR FOR A MINOR Molly Roe, Petitioner, states: l. I permanently reside at 402 Harvard Street, Hometown, Apache County, Kansas. 2. Johnny Roe is a minor age \\u00183 years, born in \\u0018999, who resides at 402 Harvard Street, Hometown, Apache County, Kansas, with his mother who is custodial parent. 3. The places where the minor has lived during the last five years and the names and present addresses of the persons with whom the minor has lived during that period are: Johnny Roe has lived with his mother, the Petitioner Molly Roe, at 402 Harvard Street, Hometown, Kansas, for the last five years. 4. I believe that Johnny Roe is in need of a conservator to administer funds to be received as a result of the death of his grandfather, and is entitled to receive a specific pecuniary legacy in the amount of $110,000.00. 5. Richard Roe, grandfather, died testate and the Last Will and Testament has been admitted to probate in Apache County, Kansas, Case Number, 0\\u0018-PR-0025, and the Executor is prepared to make a partial distribution to the legatees and devisees and a conservator must be appointed to receive the funds. 6. The names and addresses of others, if known to the petitioner, having an interest in Johnny Roe are: a. Johnny Roe is not married. b. His natural guardians are the petitioner Molly Roe, his mother, an adult, whose address is 402 Harvard Street, Hometown, Kansas and James Doe, his father, an adult whose address is 404 Harvard Street, Hometown, Kansas; 2021 2600-3\\u0018 Kansas Probate Forms 3d c. his maternal grandparent, Jane Roe, who resides at 400 Harvard Street, Hometown, Kansas, and his paternal grandparents James Doe and Nancy Doe who reside at 404 Harvard Street, Hometown, Kansas. d. the natural guardians have nominated, in writing, the petitioner to serve as conservator for Johnny Roe; e. Johnny Roe has no children; f. no permanent guardian or conservator has been appointed pursuant to K.S.A. 38-\\u0018584; g. there is no fiduciary appointed by any court; h. there are no other persons or any agency having or claiming any legal right of physical custody or visitation. 7. There are no other court proceedings in which the minor is or has recently been a party. 8. The minor owns no real property but does anticipate an inheritance of $\\u0018\\u00180,000.00 from the estate of his grandfather. 9. The truth of the petition may be proved by the natural guardians and grandparents whose addresses are set out above. \\u00180. The petitioner Molly Roe suggests that she be appointed conservator for the minor. Molly Roe is a woman, born in \\u0018963, who is 49 years of age and whose place of employment is Hometown Hospital. Molly Roe has no personal or agency interest that might be perceived as self-serving or adverse to the position or best interest of Johnny Roe. \\u0018\\u0018. Molly Roe has completed the instructional program required by K.S.A. 59- 3069(j), and evidence of completion is attached hereto. PETITIONER REQUESTS that the Court: \\u0018. make a determination that Johnny Roe is a minor and in need of a conservator; 2. issue an order setting the date, time and place of trial; 3. require the giving of notice as provided by law; 4. appoint Molly Roe as conservator for Johnny Roe, establish bond as required by law and issue letters of conservatorship. MOLLY ROE Petitioner 2021 2600-32 Kansas Probate Forms 3d (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) Reference K.S.A. 53-60\\u0018; 59-3055; 59-3059; 59-3068. Time Petition may be filed at any time before age 18. Comment Parental conservatorships are common. Parents may be co-petitioners and act as co- fiduciaries. The statute allows conservatorship avoidance at amounts of less than $100,000, therefore this case would be mandatory. See K.S.A. 59-3055. The use of structured settlements in personal injury cases may also avoid conservatorship filings. A minor who has attained the age of \\u00184 has a priority right of nomination. As of July \\u0018, 20\\u00180, the petition must plead the places where the minor has lived during the last five years and the names and present addresses of the persons with whom the minor has lived during that period. K.S.A. 59-3059(b)(3). In paragraph \\u00180, the petition pleads the age, date of birth, gender, and place of employment of the proposed conservator as required by K.S.A. 59-3059(b)(\\u0018\\u0018). Much of this information will be helpful in identifying the conservator should it ever become necessary to issue a bench warrant for the conservator. In paragraph \\u0018\\u0018, the petition pleads that the proposed conservator has no personal or agency interest that may be perceived as self-serving or adverse to the interests of the ward and conservatee. See K.S.A. 59-3059(b)(11). 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. 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.