Kansas Probate Form 2701

Petition For Appointment Of A Temporary Guardian [And Conservator] (Misc Guardianship/conservatorship)

Everything you need to know about Kansas Form 2701, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.

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About Petition For Appointment Of A Temporary Guardian [And 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.

Petition For Appointment Of A Temporary Guardian [And 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:

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.

Atticus Fast Facts About Petition For Appointment Of A Temporary Guardian [And Conservator] (Misc Guardianship/conservatorship)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of A Temporary Guardian [And 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. 53-601, K.S.A. 59-3073, S. Ct. Rule 123

  • The official Kansas source for this form is here.

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 2701 - Petition For Appointment Of A Temporary Guardian [And Conservator] (Misc Guardianship/conservatorship) up to date, certain details can change from time-to-time with little or no communication.

How to file Form 2701

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 2701, 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 2701 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 2701 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 A Temporary Guardian [And 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.

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?

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When Petition For Appointment Of A Temporary Guardian [And Conservator] (Misc Guardianship/conservatorship) is due

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 2701 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 2701, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 2701 Online

Petition For Appointment Of A Temporary Guardian [And 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 2701 - Petition For Appointment Of A Temporary Guardian [And 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.

Petition For Appointment Of A Temporary Guardian [And 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.

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Did you know?

  • Form 2701 - Petition For Appointment Of A Temporary Guardian [And Conservator] (Misc Guardianship/conservatorship) is a probate form in Kansas.

  • 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.

  • 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.

Frequently Asked Questions about Petition For Appointment Of A Temporary Guardian [And Conservator] (Misc Guardianship/conservatorship)

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.

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

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!

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
.

The Exact Text on Form 2701

Here’s the text, verbatim, that is found on Kansas Form 2701 - Petition For Appointment Of A Temporary Guardian [And 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.

2011 2700-5 Kansas Probate Forms 3d 2701 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Guardianship [and Conservatorship] of Richard Roe No. _____________ (Pursuant to K.S.A. Chapter 59) PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN [AND CONSERVATOR] Mary Roe, Petitioner, states: \\u0018. My address is \\u0018\\u0018\\u0018 West \\u0018 st Street, Hometown, Apache County, Kansas 66648. 2. The name, age, residence, present whereabouts and permanent address of the proposed ward [and proposed conservatee] as known to me are: Name and Age: Richard Roe 72 years Year of Birth: \\u0018930 Present Whereabouts: Hometown Medical Center, \\u0018\\u001800 Main Street, Hometown, Apache County, Kansas 66648 Permanent Address: 227 Harvard Street, Hometown, Apache County, Kansas 66648. 3. A petition has been filed requesting the appointment of a guardian and conservator for the proposed ward and conservatee and I believe that there is an imminent danger to the physical health and safety of the proposed ward requiring immediate action to be taken to protect the proposed ward[, and there is an imminent danger that the estate of the proposed conservatee will be significantly depleted] unless immediate action is taken to protect the physical health and safety of the proposed ward [and the estate of the proposed conservatee]. 4. The facts upon which I base my belief are: Mr. Roe is confused, is unable to remember recent events, is not eating regularly, is dehydrated, has refused medical treatment or in home services. Richard Roe is receiving skilled care at Hometown Medical Center and he is now refusing to remain at that facility and is insisting on leaving today against Doctor’s advice [In recent years Mr. Roe 2010 2700-6 Kansas Probate Forms 3d has been a self-employed Jeweler but is now no longer able to keep up with the business. Mr. Roe has failed or been unable to deposit retirement checks or pay for his regular expenses. The landlord has given a 3-day notice for non-payment of rent and his employees are threatening to quit for non-payment of wages. He has certain inventory on hand and accounts payable and receivable that have been neglected]. 5. The names and addresses of the proposed Ward’s [and proposed Conservatee’s] spouse, adult children, adult grandchildren, parents, and adult siblings to the extent known are: Name Address Relationship Mary Roe \\u0018\\u0018\\u0018 W. \\u0018st Street, Hometown, KS 66648 Spouse Bob Roe 333 N. 3rd Street, Hometown KS 66648 Son James Roe 222 N. 2nd Street, Othertown, NE 7770\\u0018 Grandson. 6. The name, address, and circumstance of any person or agency having custody or control of the proposed ward [and proposed conservatee], to the extent known are: Richard Roe is not presently under the custody of any other person or agency but is receiving skilled care at Hometown Medical Center, \\u0018\\u001800 Main Street, Hometown, Apache County, Kansas. It is expected that he will require extended care hereafter. Admission to a nursing home seems likely. 7. 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 ward [and proposed conservatee] pursuant to a power of attorney[, trust] or court order. [8. The general type, location, probable value and income of the real and personal property of the proposed ward and proposed conservatee’s estate are: Probable Type Location Estimated Value Annual Income Real Estate \\u0018\\u0018\\u0018 W. \\u0018 st Street $\\u001825,000 None Hometown, KS 66648 (residence) 222 E. 2nd Street $90,000 $\\u00180,000 Hometown, KS 66648 (Rental property) Both properties are owned in joint tenancy with Mary Roe. Personal Property Jewelry tools and inventory $\\u001850,000 $75,000 500 shares common stock Westar Energy, $20/share $\\u00180,000 None 2011 2700-7 Kansas Probate Forms 3d Probable Type Location Estimated Value Annual Income Household items at residence $3,000 None Social Security $900/Mo. $\\u00180,800.00. Reasonably Expected Monthly Expenses $\\u0018500/mo.] 9. The names and addresses of witnesses by whom the truth of this petition may be proved: Name Address Mary Roe \\u0018\\u0018\\u0018 W. \\u0018 st Street, Hometown, KS 66648 Bob Roe 333 N. 3 rd Street, Hometown, KS 66648 James Roe 222 N. 2 nd Street, Othertown, NE 7770\\u0018 Randy Smith, M.D. \\u0018\\u001823 Main Street, Hometown, KS 66648. \\u00180. Mary Roe, \\u0018\\u0018\\u0018 West \\u0018 st Street, Hometown, Kansas, the Petitioner and the spouse of Richard Roe, is a fit and proper person to be appointed guardian [and conservator] of Richard Roe. \\u0018\\u0018. The Petitioner requests that the court make an ex parte determination that there exists imminent danger to the physical health and safety of the proposed ward [and to the proposed conservatee’s estate] and appoint a temporary guardian [and temporary conservator] with such powers as the court deems necessary to protect the proposed ward [and the estate of the proposed conservatee]. PETITIONER REQUESTS that the Court: \\u0018. Make an ex parte determination that an imminent danger exists to the physical health and safety of the proposed ward[ and that the proposed conservatee’s estate will be significantly depleted unless immediate action is taken]. 2. Appoint Mary Roe as temporary guardian [and temporary conservator] with such powers as the court deems necessary to protect the proposed ward [and the estate of the proposed conservatee]. MARY ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) 2011 2700-8 Kansas Probate Forms 3d Reference K.S.A. 53-60\\u0018; 59-3073; S. Ct. Rule \\u001823. Comment 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.

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