Petition For Determination Of Descent

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 Determination Of Descent 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:

Atticus Fast Facts About Petition For Determination Of Descent

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

• This form pertains to the State of Kansas

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 301 - Petition For Determination Of Descent 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 301, 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 301 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 301 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 Determination Of Descent 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?

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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 301 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 301, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Determination Of Descent 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 301 - Petition For Determination Of Descent 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 Determination Of Descent 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 301 - Petition For Determination Of Descent. You can use this to get an idea of the context of the form and what type of information is needed.

301 IN THE DISTRICT COURT OF _________________ COUNTY, KANSAS n the Matter of the Estate of No. _____________ ______________, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR DETERMINATION OF DESCENT ________________, Petitioner, states: 1.P etitioner is a resident of ___________ County, Kansas, whose address is _________________________________________________________________. 2.Petitioner has an interest in decedent's Estate as: __________________________. 3.______________ died in _________________ (city), in _____________ (state), on ______________; more than 6 months have expired since the date of death; at the time of death decedent was a resident of ___________ County, in ______________ (state), and a citizen of the United States. 4.No petition has been filed for the probate of a will of decedent nor administration commence d i n this state. 5.The names, ages, relationships, residences and addresses of the heirs of the decedent so far as known or can with reasonable diligence be ascertained are: Name Age Relationship Residence Address Mailing Address 6.So far as known or can with reasonable diligence be ascertained, decedent had no spouse, children, issue of deceased children or other heirs who survived the decedent other than the persons above named. 7.At the time of death, the decedent owned the following described real estate situated in ______________ County, Kansas: __________________________________________________________________________ 8.At the time of death, the decedent owned the following described personal property: __________________________________________________________________________ PETITION FOR DETERMINATION OF DESCENT 9.The Kansas real estate and all personal property remaining in the hands of the Petitioner, after payment of fees, expenses and costs and subject to any lawful disposition previously made, should be assigned and distributed under the laws of intestate succession as follows: __________________________________________________________________________ PETITIONER REQUESTS that the Court fix a time and place for the hearing of this Petition, and provide for giving of notice of the hearing; the Court, upon hearing as provided by law, determine the descent of the real estate and personal property described above and all other personal property and Kansas real estate owned by _____________ at the time of death; the Court assign the estate to the persons entitled to the estate. ______________________________ Petitioner STATE OF KANSAS COUNTY OF ______________ I swear or affirm that the statements made in this Petition are true and that I am the person filing this petition. ___________________________________ Signature SIGNED AND SWORN to (or affirmed) before me on ________________ by _________________. ___________________________ Notary Public (SEAL) My Appointment Expires: ________________ SUBMITTED BY: Name:________________________________ Address: ______________________________ Phone: ________________________________ Email: ________________________________ PETITION FOR DETERMINATION OF DESCENT Reference K.S.A. 53-601; 59-102(8); 59-501 et seq.; 59-2202; 59-2250; S. Ct. Rule 111; S. Ct. Rule 123. Time After six months from the date of death. Comment See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. PETITION FOR DETERMINATION OF DESCENT