Petition For Determination Of Descent [And Approval Of Valid Settlement Agreement]

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 [And Approval Of Valid Settlement Agreement] 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 503 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 Determination Of Descent [And Approval Of Valid Settlement Agreement]

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Determination Of Descent [And Approval Of Valid Settlement Agreement]:

• 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. 59-102(8), K.S.A. 59-501 et seq., K.S.A. 59-2202, K.S.A. 59-2250, S. Ct. Rule 111, S. Ct. Rule 123

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 [And Approval Of Valid Settlement Agreement] 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 [And Approval Of Valid Settlement Agreement] 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 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 [And Approval Of Valid Settlement Agreement] 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 [And Approval Of Valid Settlement Agreement] 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 [And Approval Of Valid Settlement Agreement] 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 [And Approval Of Valid Settlement Agreement]. You can use this to get an idea of the context of the form and what type of information is needed.

2010 300-2 Kansas Probate Forms 3d 301 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 6,000 JOE SMITH, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR DETERMINATION OF DESCENT [AND APPROVAL OF VALID SETTLEMENT AGREEMENT] Sara Smith, Petitioner, states: \\u0018. Petitioner is a resident of Apache County, Kansas, whose address is Route 1, Hometown, Kansas 66648. 2. Petitioner has an interest in decedent's estate as the surviving spouse and one of the heirs of Joe Smith, deceased. 3. Joe Smith died at Hometown, Kansas, on July 3, 2009; more than six months have expired since the date of death; at the time of death decedent was a resident of Apache County, Kansas, and a citizen of the United States. 4. No petition has been filed for the probate of a will of decedent nor administration commenced in 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 Sara Smith Adult Wife Route 1 Hometown, KS 66648 Same Woodrow Smith Adult Son 1918 S. Broadway Metropolis, KS 66625 Same Theodore Smith Adult Son Route 1 Hometown, KS 66648 Same Eleanor Smith Adult Daughter Route 1 Hometown, KS 66648 Same 6. So far as known or can with reasonable diligence be ascertained the decedent had no spouse, children, issue of deceased children, or other heirs who survived decedent, other than the persons above named. 2010 300-3 Kansas Probate Forms 3d 7. At the time of death, the decedent owned the following described real estate situated in Apache County, Kansas: The East half of the Southeast quarter of Section 35, Township 20 South, Range 30 West, Apache County, Kansas. 8. At the time of death, the decedent owned the following described personal property: 100 shares of XYZ Corp. Common Stock, Certificate #xxxx. [9. No Kansas estate tax is chargeable against the estate.] [Alternative 10. 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: Name Proportion Sara Smith one-half Woodrow Smith one-sixth Theodore Smith one-sixth Eleanor Smith one-sixth or [Alternative 10. The instrument dated March \\u0018, 20\\u00180, and filed with this petition is a Valid Settlement Agreement pursuant to K.S.A. 59-102(8), should be approved and should be construed to distribute the estate as follows: (a) The Kansas real estate, subject to any lawful disposition previously made should be assigned and distributed as follows: Name Proportion Sara Smith one-half Woodrow Smith one-sixth Theodore Smith one-sixth Eleanor Smith one-sixth (b) After the payment of fees, expenses and costs, all of the residue of the estate should be assigned and distributed as follows: to Sara Smith.] 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 300-4 Kansas Probate Forms 3d owned by Joe Smith at the time of death] [the Valid Settlement Agreement be construed]; the Court assign the estate to the persons entitled to the estate. SARA SMITH Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 503) SUBMITTED BY: /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; 59-102(8); 59-501 et seq.; 59-2202; 59-2250; S. Ct. Rule 111; S. Ct. Rule \\u001823. Time After six months from the date of death. Comment The pleading of the language “no Kansas estate tax is chargeable against the estate” or “the Kansas estate tax return for the estate has been filed and all taxes shown thereon have been paid” is not necessary if the decedent died on or after January 1, 2010. For a history and discussion of Kansas inheritance, estate and succession taxes, see the comment to Form 545. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 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. 2021