Petition For Final Settlement [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 Final Settlement [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:

The Petition for Final Settlement must be filed in accordance with K.S.A. 59-1501. The Petition should recite the names, ages, relationships and addresses of all heirs, so far as known or can with reasonable diligence be ascertained. If no interested party is in the service, an Affidavit pursuant to Servicemembers Civil Relief Act, Form 523, must be filed on or before the date of the hearing on the Petition. Similarly, if interested parties are in the service or under any legal disability, written defenses are required. See generally, Forms 522 and 528. If there are legal representatives, they must be named and notice must be given to each of them.

Atticus Fast Facts About Petition For Final Settlement [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 Final Settlement [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. 59-1401, K.S.A. 59-1501, K.S.A. 59-1502, K.S.A. 59-2204, K.S.A. 59-2247, K.S.A. 59-2249, K.S.A. 79-303, K.S.A. 79-2903, K.S.A. 79-3220(c), Internal Revenue Code Section 2002, Internal Revenue Code Section 64(b), S. Ct. Rule 111

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 630 - Petition For Final Settlement [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 630, 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 630 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 630 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 Final Settlement [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 630 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 630, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Final Settlement [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 630 - Petition For Final Settlement [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 Final Settlement [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 630 - Petition For Final Settlement [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 600-4\\u0018 Kansas Probate Forms 3d 630 (CAPTION) PETITION FOR FINAL SETTLEMENT [AND APPROVAL OF VALID SETTLEMENT AGREEMENT] Harry J. Roe, Petitioner, states: \\u0018. Petitioner is a resident of Apache County, Kansas, whose address is \\u0018220 Main Street, Metropolis, Kansas 66650. 2. Petitioner is the duly appointed, qualified and acting Administrator of the Estate of Richard Roe, deceased, by virtue of Letters of Administration granted by the Court on July 20, 2009; more than six months have expired since the date of death of the decedent and no will has been offered for probate; more than four months have expired since the first published notice to creditors; actual notice has been given by mail to all known or reasonably ascertainable creditors; and the estate has been fully administered. 3. Richard Roe died intestate at Hometown, Kansas, on July 3, 2009; at the time of death Richard Roe was a resident of Apache County, Kansas, and a citizen of the United States. 4. Richard Roe was survived by the following named persons who, so far as known or can with reasonable diligence be ascertained, are all of Richard Roe's heirs: Name Age Relationship Residential Address Mailing Address Jane Roe Adult Wife Route 1, Same Hometown, KS 66648 Susan R. Brown Adult Daughter Dry Creek, Same CO 79\\u001800 George J. Roe Adult Son Dry Creek, Same CO 79\\u001800 Harry J. Roe Adult Son \\u0018220 Main Street Same Metropolis, KS 66650 5. Decedent had no spouse or children or issue of deceased children, or other heirs who survived, other than the persons above named. 6. The following heirs have a legal disability or are in the military service. The names and addresses of their duly appointed personal representatives, so far 600-42 Kansas Probate Forms 3d as known or can with reasonable diligence be ascertained, are: Name Name of Personal Representative Address of Personal Representative Capacity Representative (NONE) 7. A full, true and correct account of the administration of the Estate is marked Exhibit A and incorporated by reference. [8. No Kansas estate tax is chargeable against the estate.] 9. [Neither the decedent nor a predeceased spouse of the decedent were paid medical assistance under K.S.A. 39-709(e) or the laws of any other state or states.] or [The Kansas Department of Health and Environment, Estate Recovery Unit, was duly notified of the filing of the Petition for Issuance of Letters of Administration, as required by K.S.A. 59-2222.] 10. All demands against the Estate of the decedent have been paid as authorized by law or the orders of the Court, and time for filing of demands has expired. \\u0018\\u0018. Petitioner has performed valuable services in the estate as Administrator, and shows that Pleader, Pleader & Tryor have been employed as petitioner's attorneys; these attorneys have performed valuable services in this estate and an allowance should be made for Administrator's services and the services of the attorneys as follows: (a) To the Administrator for compensation in the sum of $xxx.xx and expenses in the sum of $xxx.xx. (b) To the Administrator for attorneys' fees in the sum of $xxx.xx and their expenses in the sum of $xxx.xx. 12. The decedent owned at the time of death, the following described real estate situated in Apache County, Kansas: Section 15, Township 20 South, Range 30 West of the 6th P.M., containing 640 acres more or less. The Northeast quarter of Section 10, Township 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less. 2015 2010 600-43 Kansas Probate Forms 3d The Northwest quarter of Section 10, Township 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less. The Southeast quarter of Section 10, Township 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less. The Southwest quarter of Section 10, Township 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less. [Alternative 13. The Kansas real estate and all personal property remaining in the hands of the Administrator, 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 Jane Roe One-half Susan R. Brown One-sixth George J. Roe One-sixth Harry J. Roe One-sixth] OR [Alternative 13. The instrument dated March 1, 2010, 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 Jane Roe One-half Susan R. Brown One-sixth George J. Roe One-sixth Harry J. Roe One-sixth (b) After payment of fees, expenses and costs, all of the residue of the estate should be assigned and distributed as follows: to Jane Roe.] 600-44 Kansas Probate Forms 3d PETITIONER REQUESTS that Petitioner's acts be approved; Petitioner's account be settled and allowed; heirs be determined; the [laws of intestate succession be applied] [Valid Settlement Agreement be construed] and the estate be assigned to the persons entitled thereto; the Court find the allowances requested for Administrator's compensation and expenses, and Administrator's attorneys' fees and expenses, are reasonable, should be allowed, and ordered paid; court costs be determined and ordered paid; the administration of the estate be closed; upon the filing of receipts the Petitioner be finally discharged as the Administrator of the Estate of Richard Roe, deceased, and the Petitioner and the surety on Petitioner's bond be released from further liability. HARRY J. ROE 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 (9\\u00183) 555-0000 [Fax: (913) 555-1111] wbpleader@ppt.com Attorneys for Petitioner EXHIBIT A Account of Harry J. Roe, Administrator of the Estate of Richard Roe, deceased, July 3, 2009, through April 4, 2010. RECEIPTS Date Received From Explanation Amount 07-03-09 Cash Cash on Person of Decedent ...........................$ 42.00 08-05-09 Frank Johnston Balance due on Promissory Note ....................$ 2,325.51 08-05-09 Hometown State Bank Checking Account #xxxxxx7890 ....................$ 1,000.00 08-05-09 Hometown State Bank Savings Account #xxxx ...................................$ 12,063.29 08-05-09 Hometown State Bank Certificate of Deposit ......................................$ 31,613.40 10-01-09 Kansas Power & Light Dividends ........................................................$ 225.00 10-10-09 Long Life Insurance Co. Policy #xx6011 ...............................................$ 10,000.00 \\u00180-\\u00180-09 Long Life Insurance Co. Interest on insurance proceeds \\u001800 days at 8% simple ....................................................$ 2\\u00189.\\u00188 10-12-09 Z. Z. Smith Sale of Ford Pickup .........................................$ 1,600.00 2021 600-45 Kansas Probate Forms 3d 10-12-09 U. R. Farmer Sale of Farm Machinery, Tools and Equipment: One 1995 John Deere 5040 Tractor ................$ 10,000.00 One 2000 Sunflower 12' Disc .........................$ 4,000.00 One 2000 IHC Planter .....................................$ 3,000.00 Miscellaneous Tools and Equipment ..............$ 2,000.00 10-12-09 Hometown State Bank Redemption of U.S. Savings Bonds: ($5,000.00; $6,308.00; and $5,832.00) .......$ 17,140.00 10-12-09 Hometown Elevator Company Sale of 1,000 Bushels of Inventoried Wheat...$ 2,550.00 \\u0018\\u0018-0\\u0018-09 Lenexa IRB IRB cpn ...........................................................$ \\u001856.25 01-01-09 Kansas Power & Light Dividends ........................................................$ 240.00 04-01-10 Kansas Power & Light Dividends ........................................................$ 240.00 04-02-10 Stock Brokers, Inc. Sale of Kansas Power & Light Stock ..............$ 12,000.00 04-02-10 Bond Brokers, Inc. Sale of Lenexa IRB's .......................................$ 4,200.00 04-02-10 U. R. Farmer Sale of 10 Ton Fertilizer ..................................$ 1,500.00 04-02-\\u00180 Z. Z. Smith Sale of Retail Produce Business .....................$ 2,700.00 04-02-\\u00180 U. R. Farmer Sale of Growing Crops ....................................$ 4,000.00 Total Receipts .......................................................................................................$124,997.03 DISBURSEMENTS Date Paid To Purpose Amount 08-\\u00186-09 R. E. Dealer Appraiser Fee and Mileage .............................$ 86.00 09-02-09 Jane Roe Statutory Allowance ........................................$ 7,500.00 09-03-09 Hometown General Hosp. Hospital Bill ....................................................$ 1,500.00 09-03-09 A-\\u0018 Garage Repair Bill .......................................................$ 92.00 09-03-09 Ritz Mortuary Funeral Expenses ............................................$ 3,000.00 09-03-09 Ace Monument Company Grave Monument ............................................$ 1,500.00 Total Disbursements .............................................................................................$ 41,178.00 RECAPITULATION Total Cash Receipts ......................................................................................$ 124,997.03 Total Cash Disbursements ............................................................................$ 41,178.00 Cash Balance on Hand ..................................................................................$ 83,819.03 The above stated cash balance on hand is carried in a checking account with the Hometown State Bank, Hometown, Kansas, under the name and style of Harry J. Roe, Administrator of the Estate of Richard Roe, deceased. Including the cash balance belonging to the Estate of $ 83,819.03, the Administrator accounts for the following items of personal property belonging to the Estate of the decedent as follows: (a) Cash Balance: $ 83,819.03. (b) Personal Property in Administrator's custody: Stamp Collection. (c) Personal property previously distributed pursuant to Order for Statutory Allowance, dated September 2, 2009; 2000 Chevrolet, furniture, household goods, wearing apparel, and $ 35,000 cash. 2021 600-46 Kansas Probate Forms 3d Reference K.S.A. 53-60\\u0018; 59-\\u001840\\u0018; 59-\\u001850\\u0018; 59-\\u0018502; 59-2204; 59-2247; 59-2249; 79-303; 79-2903; 79-3220(c); Internal Revenue Code Section 2002 and Internal Revenue Code Section 64\\u0018(b); S. Ct. Rule \\u0018\\u0018\\u0018. Time The Petition for Final Settlement must be filed in accordance with K.S.A. 59-1501. Comment The Petition should recite the names, ages, relationships and addresses of all heirs, so far as known or can with reasonable diligence be ascertained. If no interested party is in the service, an Affidavit pursuant to Servicemembers Civil Relief Act, Form 523, must be filed on or before the date of the hearing on the Petition. Similarly, if interested parties are in the service or under any legal disability, written defenses are required. See generally, Forms 522 and 528. If there are legal representatives, they must be named and notice must be given to each of them. A listing of all personal property that is to be distributed in kind should be included in the Petition and Journal Entry. It is especially important that all titled property be clearly identified. 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. 2012