Petition For Informal Administration [And To Admit Will To Probate]

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 [And To Admit Will To Probate] 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 is prepared with its numbered paragraphs drafted to correspond with the numbered requirements of K.S.A. 59-3302(b). This Petition prays for informal administration and admission of the will to probate. Intestate succession or approval of a valid settlement agreement can be pled and prayed for as an alternative to admission of the will to probate. 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.

Atticus Fast Facts About Petition For Informal Administration [And To Admit Will To Probate]

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Informal Administration [And To Admit Will To Probate]:

• 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. 59-1301, K.S.A. 59-2219, K.S.A. 59-2220, K.S.A. 59-2222, K.S.A. 59-2247, K.S.A. 59-3302, K.S.A. 59-3302(b)(9), K.S.A. 59-3304, K.S.A. 59-3305, K.S.A. 79-15, 201 et seq., K.S.A. 79-15, 251, 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 401 - Petition For Informal Administration [And To Admit Will To Probate] 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, 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 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 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 [And To Admit Will To Probate] 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 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, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Informal Administration [And To Admit Will To Probate] 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 - Petition For Informal Administration [And To Admit Will To Probate] 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 [And To Admit Will To Probate] 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 - Petition For Informal Administration [And To Admit Will To Probate]. You can use this to get an idea of the context of the form and what type of information is needed.

2010 400-2 Kansas Probate Forms 3d 401 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 09-P-001 SUSAN JOHNSON, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR INFORMAL ADMINISTRATION [AND TO ADMIT WILL TO PROBATE] Tom Johnson, Petitioner, states: \\u0018. Petitioner is a resident of Apache County, Kansas, whose address is 1515 E. 15th Street, Hometown, Kansas 66648. 2. Petitioner has an interest in decedent's estate as an heir, devisee and legatee, and as executor named in the Last Will and Testament of Susan Johnson, deceased, dated April 15, 2000, a copy of which is attached. 3. Susan Johnson, 1515 E. 15th Street, Hometown, Kansas, died testate at Hometown, Kansas, on July 3, 2009, leaving property in this state which is subject to administration; at the time of death, decedent was a resident of Apache County, Kansas, and a citizen of the United States. 4. The names, ages, residences, addresses and relationships of the heirs, devisees and legatees of the decedent and any named fiduciary, so far as known or can with reasonable diligence be ascertained are: Name Age Relationship Interest Residential Address (and Mailing Address) I. Tom Johnson Adult Husband Heir, devisee, legatee 1515 E. 15th Street and named fiduciary Hometown, KS 66648 II. Jim Johnson Adult Son Heir 1212 W. 12th Street Bay City, MO 65041 III. Jane Johnson Adult Daughter Heir 601 E. Elm Street Smith City, AK 77612 (One Bank Tower) (Smith City, AK 77612) 400-3 Kansas Probate Forms 3d 5. The name and address of the person who prepared the Will is: Name Address W. B. Pleader The Hometown State Bank Building, Hometown, KS 66648 6. 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. 7. 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 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. [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 Informal Administration [and to Admit Will to Probate], as required by K.S.A. 59-2222.] \\u00180. 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 the decedent's Last Will and Testament, a copy of which is attached. The proposed construction of the will and specific distribution is set forth in Exhibit D. \\u0018\\u0018. Informal administration is appropriate because there are no contested matters, no disagreement among beneficiaries, no need for administration, and informal administration is in the best interests of all interested parties. \\u00182. Tom Johnson, the Petitioner, should be designated to carry out the orders made by the Court and Tom Johnson should be released from all responsibility and liability as the nominated fiduciary. \\u00183. 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 Amount (No surety bond should be required of Tom Johnson because bond is waived by the will.) Tom Johnson Redelivery [pursuant to K.S.A. 59-3304(b)(2)] $42,200.00 \\u00184. If Informal Administration is denied, simplified administration is requested 2015 400-4 Kansas Probate Forms 3d and Tom Johnson, 1515 East 15th Street, Hometown, Kansas 66648, should be appointed executor. [15. I am the surviving spouse of Susan Johnson and I am aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death.] [I have received a copy of the Last Will and Testament of Susan Johnson, deceased, dated April 15, 2009.] PETITIONER REQUESTS that Informal Administration be granted; upon proper proof decedent's Last Will and Testament be admitted to probate; 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 legatees and devisees; the court excuse the giving of surety bond; the court approve redelivery bond in the amount of $42,200.00 and thereupon the court release the nominated fiduciary from all responsibilities and liability. TOM JOHNSON 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 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 2021 400-5 Kansas Probate Forms 3d 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 The informal administration forms were drafted based on the following facts: Husband and wife have two adult children, wife dies testate, the will leaves all property to the husband and excuses bond on behalf of the nominated fiduciary who is the husband. This petition is prepared with its numbered paragraphs drafted to correspond with the numbered requirements of K.S.A. 59-3302(b). This Petition prays for informal administration and admission of the will to probate. Intestate succession or approval of a valid settlement agreement can be pled and prayed for as an alternative to admission of the will to probate. If a statutory allowance is requested it should be requested at the end of paragraph \\u00180 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 amount 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 assistance 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 petition is required by K.S.A. 59-2222. 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. If the petitioner is the surviving spouse, paragraph 15 or Form 541 Affidavit Pursuant to K.S.A. 59-2233 may be used. If the petitioner is not the surviving spouse, or if the petitioner is the surviving spouse and neither paragraph 15 nor Form 541 is used, then Form 539 Notice Statement Pursuant to K.S.A. 59-2233 must be used, along with Form 540 Affidavit of Service. The second bracketed paragraph should be included if the petitioner is the surviving spouse and the estate is testate, but should be omitted if the estate is intestate. 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 2010 400-6 Kansas Probate Forms 3d EXHIBIT A (CAPTION) INVENTORY AND VALUATION I. PROBATE ASSETS: SCHEDULE A REAL ESTATE Valuation by Fiduciary as of Item No. Description July 3, 2009 1. The Southeast quarter of Section 10, Township 30 South, Range \\u00180 West of the 6th P.M., Apache County, Kansas, containing \\u001860 acres more or less ..............................................................................$30,000.00 Total Schedule A ............................................................................$30,000.00 SCHEDULE B STOCKS AND BONDS (Corporate Stock) Valuation by Cert. Unit Fiduciary as of Item No. Description No. Value July 3, 2009 (NONE) BONDS Valuation by Cert. Unit Fiduciary as of Item No. Description No. Value July 3, 2009 (NONE) 2010 400-7 Kansas Probate Forms 3d SCHEDULE C MORTGAGES, NOTES AND CASH Valuation by Fiduciary as of Item No. Description July 3, 2009 1. Balance in decedent's checking account #xx3-456, Hometown State Bank, Hometown, Kansas ..........................................................$1,500.00 2. Decedent's final paycheck and payment for accrued but unused vacation from Smith Insurance Company, Hometown, Kansas ..........$1,600.00 Total Schedule C ..............................................................................$3,100.00 SCHEDULE D INSURANCE Valuation by Fiduciary as of Item No. Description July 3, 2009 (NONE) SCHEDULE F MISCELLANEOUS PROPERTY Valuation by Fiduciary as of Item No. Description July 3, 2009 1. One 2008 Honda, 4-dr VIN # 1234567890 ........................................$ 9,000.00 2. Decedent's personal effects and wearing apparel ...............................$ 3,000.00 Total Schedule F .............................................................................$12,000.00 RECAPITULATION OF PROBATE ASSETS Schedule A Real Estate ...........................................................................................$30,000.00 Schedule B Stocks and Bonds ...................................................................................$ 0.00 Schedule C Mortgages, Notes and Cash ..................................................................$ 3,100.00 Schedule D Insurance ................................................................................................$ 0.00 Schedule F Miscellaneous Property........................................................................$12,000.00 Total Probate Assets ...................................................................................$45,100.00 2010 400-8 Kansas Probate Forms 3d II. NONPROBATE ASSETS: (For Informational Purposes Only) SCHEDULE E JOINTLY OWNED PROPERTY Valuation by Fiduciary as of Item No. Description July 3, 2009 \\u0018. The residence of the decedent described as Lots 2, 4, 6, 8, and 10, Garden Park Addition, City of Hometown, Apache County, Kansas, owned by Tom Johnson and Susan Johnson as joint tenants with right of survivorship .....................................................$60,000.00 less one-half qualified joint tenancy interest with spouse ..............($30,000.00) Valuation by Fiduciary as of Item No. Description July 3, 2009 2. Hometown State Bank - Certificate of Deposit owned by Tom Johnson and Susan Johnson as joint tenants with right of survivorship: Cert. Issue Maturity Interest Interest No. Date Date Last Paid Rate xxxx 8-1-03 8-1-10 6-1-09 8% daily comp. on 365/365 basis $50,000.00 Accrued interest to July 3, 2009 (32 days) .............................................$ 351.88 less one-half qualified joint tenancy interest with spouse ...................($25,175.94) Total Schedule E ................................................................................$55,175.94 SCHEDULE G TRANSFERS Valuation by Cert. Unit Fiduciary as of Item No. Description No. Value July 3, 2009 (NONE) 2010 400-9 Kansas Probate Forms 3d SCHEDULE H POWERS OF APPOINTMENT Valuation by Fiduciary as of Item No. Description July 3, 2009 (NONE) SCHEDULE I ANNUITIES Valuation by Fiduciary as of Item No. Description July 3, 2009 (NONE) RECAPITULATION OF NONPROBATE ASSETS Schedule E Jointly Owned Property .......................................................................$55,175.94 Schedule G Transfers ..............................................................................................$ 0.00 Schedule H Powers of Appointment .......................................................................$ 0.00 Schedule I Annuities ...............................................................................................$ 0.00 Total Nonprobate Assets ............................................................................................$55,175.94 RECAPITULATION OF ALL ASSETS Total Probate Assets .................................................................................................$ 45,100.00 Total Nonprobate Assets ..........................................................................................$ 55,175.94 Total Estate ...............................................................................................................$100,275.94 AFFIDAVIT OF EXECUTOR STATE OF KANSAS COUNTY OF APACHE Tom Johnson, being first duly sworn, on oath states: Tom Johnson is the Executor of the Estate of Susan Johnson, 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, wherever located, owned by 2010 400-\\u00180 Kansas Probate Forms 3d Susan Johnson, deceased, which has come into Executor's possession or of which Executor has knowledge. Made and returned by Tom Johnson, Executor, of the Estate of Susan Johnson, deceased, as of July 3, 2009, the date of the death of the decedent. TOM JOHNSON Executor SIGNED AND SWORN to (or affirmed) before me on September 4, 2009. NEVA WRIGHT Notary Public (SEAL) My Appointment Expires: January 10, 2015 Reference K.S.A. 53-601; 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 schedules 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 6\\u00184 Order for Hearing 615 Order Approving Appointed Appraiser 616 Certificate of Appraiser 6\\u00187 Valuation and Independent Appraisal Accrued interest is the amount of interest earned prior to (and not including) the date of death and not yet paid. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to the Affidavit of Executor. For a discussion of Kansas inheritance, estate and succession taxes, see the comment following Form 545. 2010 400-\\u0018\\u0018 Kansas Probate Forms 3d EXHIBIT B (CAPTION) LISTED DEBTS, PROPOSED PAYMENTS AND PROPOSED DISTRIBUTION OF ASSETS \\u0018. 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: Claimants Status Class Amount a. Funeral Bill Paid by Petitioner First $4,500.00 Ritz Mortuary, Inc. b. Attorney's Fees Unpaid Second $1,500.00 Pleader, Pleader & Tryor c. Court Costs and Publication Fees Unpaid Second $ 200.00 d. VISA Bill Unpaid Fourth $1,200.00 TOTAL UNPAID: $2,900.00 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: Total Asset Amount Proposed Use Total Balance a. Balance in decedent's checking $1,500.00 Pay Attorney's fees to $1,500.00 $ 0.00 Account #xx3-456, Hometown Pleader, Pleader & Tryor State Bank, Hometown, Kansas b. Decedent's final paycheck and $1,600.00 Pay Court Costs, $1,400.00 $200.00 payment for accrued but unused Publication Fees and vacation from Smith Insurance VISA Bill Company, Hometown, Kansas TOTAL $3,100.00 $2,900.00 $200.00 3. The decedent's Last Will and Testament should be construed to distribute the assets of Susan Johnson, decedent, remaining after the payment of all debts, costs, expenses and fees, as follows: a. The Southeast quarter of Section 10, Township 30 South, Range 10, West of the 6th P. M., Apache County, Kansas, containing 160 acres more or less, with a value of $30,000 to Tom Johnson. 2010 400-\\u00182 Kansas Probate Forms 3d b. Balance of $200 remaining from decedent's final paycheck with a value of $200 to Tom Johnson. c. One 2008 Honda 4-door, VIN # 1234567890, with a value of $9,000 to Tom Johnson. d. Decedent's personal effects and wearing apparel with a value of $3,000 to Tom Johnson. e. All other property, real and personal, owned by decedent at the time of death, to Tom Johnson. 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. 2010 400-\\u00183 Kansas Probate Forms 3d EXHIBIT C PROOF OF DETERMINATION AND PAYMENT OF KANSAS INHERITANCE OR ESTATE TAXES Reference K.S.A. 79-15,201 et seq.; 79-15,251; S. Ct. Rule 111. Comment As of July \\u0018, 2008, there is no liability for Kansas Inheritance Taxes to any person including an estate or the distributors of an estate. The 2010 Legislature passed HB 2557 which provides that there will be no liability for estates under the “old” estate tax act (the “pick-up” tax) for returns filed on or after January 1, 2017, and there will be no liability under the “new” estate tax act for returns filed on or after January \\u0018, 2020. For a discussion of Kansas inheritance, estate and succession taxes, see the comment following Form 545. 2010 400-\\u00184 Kansas Probate Forms 3d 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 \\u0018. The Southeast quarter of Section 10, Township 30 South, Range 10 Tom Johnson West of the 6th P.M., Apache County, Kansas, containing \\u001860 acres more or less. 2. Balance of $200.00 remaining from decedent's final paycheck. Tom Johnson 3. 2008 Honda 4-door, VIN # 1234567890. Tom Johnson 4. Decedent's personal effects and wearing apparel. Tom Johnson 5. All other property, real and personal, owned by decedent at the time of death. Tom Johnson Reference K.S.A. 59-3302(b)(9); S. Ct. Rule 111.