Petition For Authorization To Access Digital Assets

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 Digital Assets 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 1801-1803 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to a catalogue of the user’s electronic communications or other digital assets. Forms 1801-1803 are intended for use where the personal representative is seeking access to the catalogue of electronic communications or to other digital assets. If the personal representative is seeking disclosure of the content of electronic communications, Forms 1804-1806 should be used.

Atticus Fast Facts About Petition For Authorization To Access Digital Assets

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Authorization To Access Digital Assets:

• 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. 58-4808

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 1801 - Petition For Authorization To Access Digital Assets 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 1801, 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 1801 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 1801 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 Authorization To Access Digital Assets 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 1801 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 1801, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Authorization To Access Digital Assets 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 1801 - Petition For Authorization To Access Digital Assets 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 Digital Assets 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 1801 - Petition For Authorization To Access Digital Assets. You can use this to get an idea of the context of the form and what type of information is needed.

1800-2 Kansas Probate Forms 3d 1801 (CAPTION) PETITION FOR AUTHORIZATION TO ACCESS DIGITAL ASSETS 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 catalogue 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. 58-4808 before it makes the disclosure. 6. Disclosure of the catalogue of 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. 58-4808 and authorizing the Petitioner to access digital assets of the decedent. MARY DOE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 503) 2021 1800-3 Kansas Probate Forms 3d /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; 58-4808. Time Forms 1801-1803 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to a catalogue of the user’s electronic communications or other digital assets, as described below. 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 catalogue of electronic communications and allow access to other digital assets by making a written request to the custodian and providing a copy of the death certificate and a document establishing the authority of the personal representative, such as the letters of appointment. 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 and that disclosure is reasonably necessary for administration of the estate. K.S.A. 58-4808. Forms 1801-1803 are intended for use where the personal representative is seeking access to the catalogue of electronic communications or to other digital assets. If the personal representative is seeking disclosure of the content of electronic communications, Forms 1804- 1806 should be used. 2021