Petition For Informal Administration [Intestate)

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 Informal Administration [Intestate) 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 Informal Administration [Intestate)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Informal Administration [Intestate):

• 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 401 - Intestate - Petition For Informal Administration [Intestate) 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 401 - Intestate, 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 401 - Intestate 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 401 - Intestate 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 Informal Administration [Intestate) 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 401 - Intestate 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 401 - Intestate, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Informal Administration [Intestate) 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 401 - Intestate - Petition For Informal Administration [Intestate) 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 Informal Administration [Intestate) 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 401 - Intestate - Petition For Informal Administration [Intestate). You can use this to get an idea of the context of the form and what type of information is needed.

PETITION FOR INFORMAL ADMINISTRATION 401 IN THE DISTRICT COURT OF _________________ COUNTY, KANSAS In the Matter of the Estate of } } No. _____________ ______________, Deceased } (Petition Pursuant to K.S.A. Chapter 59) } PETITION FOR INFORMAL ADMINISTRATION ________________, Petitioner, states: 1.Petitioner is a resident of ___________ County, Kansas, whose address is ____________________________________________________________________. 2.Petitioner has an interest in decedent's Estate as: _____________________________. 3._______________ died intestate in _________________ ( city), in _____________ (state), on _______________; at the time of death, decedent resided at __________________________ in ___________ County, as a citizen of the United States, and leaving property in this state which is subject to administration. 4.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 (and mailing address if different) 5.An Inventory and Valuation of all the assets of the decedent are listed in a separate document attached to the petition and designated as Exhibit A 6.A listing of the debts of the decedent, both paid and unpaid; an estimate of the costs and expenses of informal administration, including reasonable fees; and a statement PETITION FOR INFORMAL ADMINISTRATION of those specific monies belonging to decedent's estate which are proposed to be used to pay unsatisfied debts of the decedent and the expenses of informal administration are listed in a separate document attached to the petition and designated as Exhibit B. 7._____________________________________________________________________ _____________________________________________________________________ 8.The assets of the Estate remaining after the payment of all debts of the decedent, costs and expenses of informal administration and reasonable fees shall be distributed pursuant to state intestacy law. 9.Informal administration is appropriate because ( explain): _____________________________________________________________________ 10._______________, the Petitioner, should be designated to carry out the orders made by the Court. 11.The amount and type of bond or bonds to be given and the person who is to give the bond is as follows: Name Type of Bond (Ex. personal, surety, redelivery) Amount __ No bond should be required because _________________________________. 12.If Informal Administration is denied, simplified administration is requested and ______________, of ____________________________________________ (address) should be appointed administrator. PETITIONER REQUESTS that Informal Administration be granted; all unpaid debts, in order of their preference, and all expenses of informal administration be paid; all assets of the estate remaining after payment of debts and expenses be assigned to the proper heirs; the court approve bond as noted above. ______________________________ Petitioner PETITION FOR INFORMAL ADMINISTRATION 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: ________________________________ Reference K.S.A. 53-601; 59-2219; 59-2220; 59-2222; 59-2247; 59-3302; 59-3304; 59-3305; S. Ct. Rule 111; S. Ct. Rule 123. Time If the decedent died testate the petition must be filed within six months after the date of death subject only to the provisions of K.S.A. 59-618a. If decedent died intestate the petition usually will be filed within six months, because after six months a determination of descent proceeding may be used, with or without a valid settlement agreement. Comment If a statutory allowance is requested it should be included with paragraph 8 of the petition and appropriate language should be inserted in the prayer. A redelivery bond shall run for a period of time beginning with the date of the court's order and continuing until the running of any statute of nonclaims. The bond shall be for the benefit of the heirs, devisees, legatees, trustees, creditors and nominated fiduciary, if any. The redelivery bond shall be in the a mount required by K.S.A. 59-3304(b)(2). Bond is required if not waived by the will or excused by K.S.A. 59-1104 or 59-1105. Alternative relief allowed in K.S.A. 59-3304(1)(B) can be requested and if informal administration is not appropriate, K.S.A. 59-3305 sets forth appropriate alternatives. A statement that neither the decedent nor a predeceased spouse of the decedent received medical assistance under subsection (e) of K.S.A. 39-709, or the laws of any other state, or, in the event that such a ssistance was received by the decedent or a predeceased spouse of the decedent under K.S.A. 39-709(e), or the laws of any other state, that the state making such payments was duly notified of the filing of the pe tition is required by K.S.A. 59-2222. If the petitioner is the surviving spouse, attach Form 541 Affidavit Pursuant to K.S.A. 59-2233. If the petitioner is not the surviving spouse, then Form 539 Notice Statement Pursuant to K.S.A. 59-2233 must be used, along with Form 540 Affidavit of Service. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. PETITION FOR INFORMAL ADMINISTRATION EXHIBIT “A” IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS In the Matter of the Estate of } } _______________, Deceased } No. _____________ (Pursuant to K.S.A. Chapter 59) } INVENTORY AND VALUATION I.PROBATE ASSETS: SCHEDULE “A” REAL ESTATE Item No. De scription Valuation by Fiduciary as of __________________ Tot al Schedule A ...............................................................................$ ________________ SCH EDULE B STOCKS AND BONDS (CORPORATE STOCK) Item No. Description Cert. No. Unit Value Valuation by Fiduciary as of __________________ 2021 (BONDS) Item No. Description Cert. No. Date of Purchase Value at Maturity Valuation by Fiduciary as of _______________ T otal Schedule B”......................................................... .......$ ______________ SC HEDULE C MORTGAGES, NOTES AND CASH Item No. Description Valuation by Fiduciary as of _______________ T otal Schedule “C”..................................................... $ ________________ SCHEDULE D INSURANCE Item No. Description Valuation by Fiduciary as of _______________ Total Schedule “D”..................................................... $ ________________ SCHEDULE F MISCELLANEOUS PROPERTY Item No. Description Valuation by Fiduciary as of _______________ Tot al Schedule “F”..................................................... $ ________________ RECAPITULATION OF PROBATE ASSETS Schedule A Real Estate ........................................................... $________________ Schedule B Stocks and Bonds .................................................. $ _______________ Schedule C Mortgages, Notes & Cash ...................................... $ _______________ Schedule D Insurance ............................................................... $ _______________ Schedule F Miscellaneous Property ........................................... $ _______________ Total Probate Assets .................................................... . $ _______________ II.NONPROBATE ASSETS: (For Informational Purposes Only) SCH EDULE E JOINTLY OWNED PROPERTY Item No. Description Valuation by Fiduciary as of _______________ Tot al Schedule “E”..................................................... $ ________________ SCHEDULE G TRANSFERS Item No. Description Valuation by Fiduciary as of _______________ Total Schedule “G”..................................................... $ ________________ SCHEDULE H POWERS OF APPOINTMENT Item No. Description Valuation by Fiduciary as of _______________ T otal Schedule “H”..................................................... $ ________________ SC HEDULE I ANNUITIES Item No. Description Valuation by Fiduciary as of _______________ Total Schedule “I”..................................................... $ ________________ RECAPITULATION OF NONPROBATE ASSETS Schedule E Jointly Owned Property ........................................... $___________ Schedule G Transfers ...................................................................... $___________ Schedule H Powers of Appointment............................................... $___________ Schedule I Annuities ....................................................................... $___________ Total Nonprobate Assets ................................................ $___________ RECAPITULATION OF ALL ASSETS Total Probate Assets ................................................................................ $___________ Total Nonprobate Assets ......................................................................... $___________ Total Estate ............................................................................................. $___________ AFFIDAVIT OF ______________ STATE OF KANSAS COUNTY OF _______________ ________________, being first duly sworn, on oath states: ________________, is the _____________ of the Estate of ________________, deceased; the above and foregoing is a full, true and correct inventory and valuation of all property of the types and classifications of real and personal property located within the State of Kansas, and intangible personal property, wheresoever located, owned by _______________, deceased, which has come into ________________ possession or of which ____________ has knowledge. Made and returned by ________________, ____________ of the Estate of ________________, deceased, as of ____________, the date of the death of the decedent. ________________________ SIGNED AND SWORN to (or affirmed) before me on ________________. _____________________________ Notary Public (SEAL) My Appointment Expires: ______________ Reference K.S. A. 53-6 01; 59-3302. Time The Inventory and Valuation must be made prior to filing the petition. Comment The Inventory and Valuation has been prepared to correspond with the schedule in the Federal Estate Tax return (IRS Form 706). Nonprobate assets need not be listed but often are for information purposes. An Inventory and Valuation is necessary in every estate. No independent appraisal shall be made unless a party having an interest in the estate requests one. If an appraisal is requested by a person having an interest in the estate, see the following forms: Form No. Title 613 Report of Appointment and Petition for Approval of Appraiser 614 Order for Hearing 615 Order Approving Appointed Appraiser 616 Certificate of Appraiser 617 Valuation and Independent Appraisal EXHIBIT “B” In the Matter of the Estate of } } _______________, Deceased } No. _____________ (Pursuant to K.S.A. Chapter 59) } LISTED DEBTS, PROPOSED PAYMENTS AND PROPOSED DISTRIBUTION OF ASSETS 1. The debts of the decedent, both paid and unpaid and an estimate of the costs and expenses of informal administration including reasonable fees, in order of preference, are as follows: Claimant Status (paid/unpaid) Class Amount TOTAL UNPAID $ ____________________ 2. The following is a statement of those specific monies belonging to decedent's estate which are proposed to be used to pay unsatisfied debts of the decedent and the expenses of informal administration: Asset Total Amount Proposed to Use for: Total Balance TOTAL $ ___________ $ _________ $________ 3._____________________________ should be construed to distribute the assets of ________________, decedent, remaining after the payment of all debts, costs, expenses and fees, as follows (include description of asset, to whom it should be distributed, and the value): Reference K.S.A. 59-1301; 59-3302. Time At time of filing petition. Comment This information may be set forth in the petition or listed in a separate document attached to the petition. A person who is not the sole beneficiary of the estate, and who pays debts and expenses of the estate, may seek reimbursement from the estate. EXHIBIT D PROPOSED CONSTRUCTION OF WILL The assets of the estate remaining after the payment of all debts of the decedent, costs and expenses of informal administration and reasonable fees should be distributed pursuant to decedent's Last Will and Testament as follows: Description of Property Distributee Reference K.S.A. 59-3302(b)(9); S. Ct. Rule 111.