Everything you need to know about Kansas Form 1804, 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.
Petition For Authorization To Access The Content Of Electronic Communications 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:
Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Authorization To Access The Content Of Electronic Communications:
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. 58-4807
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 1804 - Petition For Authorization To Access The Content Of Electronic Communications 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 1804, 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 1804 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 1804, and when in doubt— consult a qualified trust & estates lawyer for that area.
Petition For Authorization To Access The Content Of Electronic Communications 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 1804 - Petition For Authorization To Access The Content Of Electronic Communications 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 Authorization To Access The Content Of Electronic Communications 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 1804 - Petition For Authorization To Access The Content Of Electronic Communications is a probate form in Kansas.
Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.
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 1804 - Petition For Authorization To Access The Content Of Electronic Communications?
Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.
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 1804 - Petition For Authorization To Access The Content Of Electronic Communications. You can use this to get an idea of the context of the form and what type of information is needed.
2017 1800-7 Kansas Probate Forms 3d 1804 (CAPTION) PETITION FOR AUTHORIZATION TO ACCESS THE CONTENT OF ELECTRONIC COMMUNICATIONS Mary Doe, Petitioner, states: 1. Petitioner is a resident of Apache County, Kansas, and Petitioner’s address is Route 1, Hometown, Kansas 66648. 2. Petitioner is the Executor named in the “Last Will and Testament of John Doe,” deceased, dated April 15, 2018. 3. The decedent, John Doe, had an email account with the custodian, Internet Mail, identifiable by the following: insert account number, username, address, or other unique subscriber or account identifier. 4. Petitioner has sent a written request to the custodian, Internet Mail, at Crossroads, Arizona 79108, seeking disclosure of the content of electronic communications sent or received by the decedent, John Doe. 5. The custodian has requested a court order making the findings required by K.S.A. 58-4807 before it makes the requested disclosure. 6. Disclosure of the content of the decedent’s electronic communications would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law. 7. The decedent consented to the disclosure of the content of the electronic communications as evidenced by: insert will, trust or other record evidencing consent. OR 7. Disclosure of the content of the electronic communications is reasonably necessary for the administration of the estate. PETITIONER REQUESTS that the Court issue an order making the findings required by K.S.A. 58-4807 and authorizing the Petitioner to access the content of electronic communications sent or received by the decedent. MARY DOE Petitioner 1800-8 Kansas Probate Forms 3d (SWORN OR UNSWORN VERIFICATION) (See Form 503) /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. 53-601; 58-4807. Time Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Comment The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), K.S.A. 58-4801 et seq., enacted in Kansas in 2017, provides a framework for a fiduciary to access a person’s digital assets, including the content of electronic communications if the person has consented or if the court determines that disclosure of such content is reasonably necessary for the administration of the estate. The RUFADAA distinguishes between the content of electronic communications, which includes the subject line and text of email, text messages, and other private messages, and the catalogue of electronic communications, which includes the list of senders, recipients, and the date and time of the message. K.S.A. 58-4802. Under the RUFADAA, a personal representative of a decedent’s estate may request a custodian to disclose the content of electronic communications by making a written request to the custodian and providing a copy of the death certificate; a document establishing the authority of the personal representative, such as the letters of appointment; and a record evidencing the user’s consent to disclosure, such as the user’s will, trust or power of attorney (unless the user has provided direction using an online tool). Before making the requested disclosure, the custodian may request that the personal representative obtain a court order containing findings that the user had a specific, identifiable account with the custodian; that disclosure of the content of the electronic communications would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or any other law; and, unless the user provided direction in an online tool, a finding that the user consented to the disclosure or that the disclosure is reasonably necessary for administration of the estate. K.S.A. 58-4807. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801- 1803 should be used. 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.