Petition For Elective Share Of Surviving Spouse

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 Elective Share Of Surviving Spouse 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 can be filed within six months after decedent's death (unless an extension is granted) or within six months after notice of the right to the elective share pursuant to K.S.A. 59-2233, whichever is later.

Atticus Fast Facts About Petition For Elective Share Of Surviving Spouse

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Elective Share Of Surviving Spouse:

• 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. 59-6a211

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 1703 - Petition For Elective Share Of Surviving Spouse 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 1703, 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 1703 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 1703 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 Elective Share Of Surviving Spouse 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 1703 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 1703, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Elective Share Of Surviving Spouse 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 1703 - Petition For Elective Share Of Surviving Spouse 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 Elective Share Of Surviving Spouse 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 1703 - Petition For Elective Share Of Surviving Spouse. You can use this to get an idea of the context of the form and what type of information is needed.

2010 1700-5 Kansas Probate Forms 3d 1703 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 5,000 JOHN DOE, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR ELECTIVE SHARE OF SURVIVING SPOUSE Mary Doe, Petitioner, states: 1. Petitioner is a resident of Apache County, Kansas, whose address is Route 1, Hometown, Kansas 66648. 2. Petitioner and decedent were married April 15, 1995. They have been continuously married to each other since that date. Petitioner is the surviving spouse of John Doe, who died testate at Hometown, Kansas on June 1, 2009. 3. Petitioner has not consented to decedent's Will or waived the right to take the elective share, homestead and family allowance or in any other manner renounced benefits that would otherwise pass to a surviving spouse by agreement or otherwise, except as follows: (Here refer to the existence of any premarital or post-marital agreements, consents, waivers, joinders to transfers or other renunciations of spousal rights.) 4. The names, ages, relationships, and addresses of the heirs, devisees, legatees, beneficiaries and issuers of insurance on decedent's life, holders of property in which decedent held an interest at the time of his death, payors and payees of decedent's property, original recipients of decedent's nonprobate transfers and donors thereof, and other interested parties so far as known or can be with reasonable diligence be ascertained are: Residence Mailing Name Age Relationship Address Address I. Mary Doe Adult Wife Route 1 Same Hometown, KS 66648 II. Theodore R. Doe Adult Son 1220 Main Street Same Metropolis, KS 66625 III. Robert E. Doe Adult Son P.O. Box 238 Serial # 83297336 Kaw City, KS APO, New York, 66600 NY 1700-6 Kansas Probate Forms 3d Residence Mailing Name Age Relationship Address Address IV. Thomas E. Doe Adult Son Crossroads, AZ Same 79108 V. Mary Ann Jones 16 yrs Granddaughter Dry Creek, CO Same born 66875 1993 (Mary Ann Jones is the child of Mary Doe Jones, a prior deceased daughter of decedent.) VI. A. David J. Doe Adult Grandson Dry Creek, CO Same 66875 B. Paul J. Doe Adult Grandson Dry Creek, CO Same 66875 (David J. Doe and Paul J. Doe are the children of Peter J. Doe, a prior deceased son of decedent.) C. Philip P. Doe Adult Grandson Clear Mountain, CO 66877 Same D. Susan X. Green Adult Grand- Clear Mountain, daughter CO 66877 Same E. Sally W. Smith Adult Grand- Clear Mountain, daughter CO 66877 Same F. Ethyl Doe Wilson Adult Grand- Green Valley, daughter AZ 79110 Same G. Joan Q. Brown Adult Grand- Green Valley, daughter AZ 79110 Same VII. The Hometown Trustee Hometown, KS State Bank designated 66648 Same in decedent's will and decedent's revocable trust dated 6/1/02 VIII. The People's Church Designated Hometown, KS Legatee 66648 Same IX. Real Life Insurance Co. Issuer of Topeka, KS 66601 Same insurance on decedent's life X. First Bank Holder of Hometown, KS checking & 66648 Same savings accounts of decedent XI. Hometown Savings Holder of Hometown, KS certificates 66648 Same of deposit in which decedent had an interest 2012 1700-7 Kansas Probate Forms 3d XII. Hometown Investors Holder of 1201 Main St. Same TOD Hometown, KS account 66648 and trustee 5. Six months have not elapsed from the latter to occur of decedent's death or notice to Petitioner of the right to take an elective share given pursuant to K.S.A. 59-2233. 6. Petitioner exercises the right of election and to take and receive the elective share amount of decedent's augmented estate pursuant to K.S.A. 59-6a201, et seq. [Alternative 7. Petitioner attaches Exhibit A which sets forth to the best of Petitioner's knowledge at this time the composition of the Augmented Estate.] or [Alternative 7. Petitioner does not have information at this time sufficient to determine the composition of the Augmented Estate.] PETITIONER REQUESTS this matter be set for hearing as provided by law for a determination of the value of the decedent's augmented estate; for a determination of the value of petitioner's elective share, supplemental elective share amounts, and the balance due to Petitioner; for an order apportioning the balance due among the recipients of decedent's augmented estate and granting judgment on Petitioner's behalf for such amounts pursuant to Kansas law; and for such other relief as the court deems just and proper. MARY DOE Petitioner (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 2021 1700-8 Kansas Probate Forms 3d Reference K.S.A. 53-601; 59-6a211. Time Within six months after decedent's death (unless an extension is granted) or within six months after notice of the right to the elective share pursuant to K.S.A. 59-2233, whichever is later. Comment If alternative paragraph 7 is pleaded, the prayer must be changed to be consistent. 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. 2021