Petition For Issuance Of Letters Of Administration

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 Issuance Of Letters Of Administration 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 Petitioner should recite the names, ages, relationships and addresses of all heirs, irrespective of their entitlement to benefits, so far as known or with reasonable diligence can be ascertained. If the petitioner is the surviving spouse, paragraph 11 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 11 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."

Atticus Fast Facts About Petition For Issuance Of Letters Of Administration

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Issuance Of Letters Of Administration:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 53-60, K.S.A. 59-50, K.S.A. 59-504, K.S.A. 59-505, K.S.A. 59-506, K.S.A. 59-507, K.S.A. 59-508, K.S.A. 59-509, K.S.A. 59-705, K.S.A. 59-706, K.S.A. 59-1101, K.S.A. 59-1706, K.S.A. 59-2118, K.S.A. 59-2201, K.S.A. 59-2202, K.S.A. 59-2203, K.S.A. 59-2204, K.S.A. 59-2219, K.S.A. 59-2221, K.S.A. 59-2222, K.S.A. 59-2223, K.S.A. 59-2239, 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 601 - Petition For Issuance Of Letters Of Administration 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 601, 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 601 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 601 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 Issuance Of Letters Of Administration 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 601 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 601, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Issuance Of Letters Of Administration 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 601 - Petition For Issuance Of Letters Of Administration 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 Issuance Of Letters Of Administration 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 601 - Petition For Issuance Of Letters Of Administration. You can use this to get an idea of the context of the form and what type of information is needed.

2010 600-3 Kansas Probate Forms 3d 601 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. _______ RICHARD ROE, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR ISSUANCE OF LETTERS OF ADMINISTRATION Jane Roe, 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 surviving spouse and one of the heirs of Richard Roe, deceased. 3. Richard Roe died intestate at Hometown, Kansas, on July 3, 2009; at the time of death decedent was a resident of Apache County, Kansas, and a citizen of the United States. 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 Residential Address Mailing Address Jane Roe Adult Wife Route 1, Hometown, KS 66648 Same Susan R. Brown Adult Daughter Dry Creek, CO 79100 Same George J. Roe Adult Son Dry Creek, CO 79100 Same Harry J. Roe Adult Son \\u0018220 Main Street Same Metropolis, KS 66650 5. The names and addresses of the duly appointed legal representatives of the heirs above named so far as known or can with reasonable diligence be ascertained are: Name Representative Capacity Address (NONE) 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, other than the persons above named. 600-4 Kansas Probate Forms 3d 7. Administration is not sought under the Kansas Simplified Estates Act. 8. [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 decedent received medical assistance payment under K.S.A. 39-709(e) and notice of the death of the decedent will be given to: Kansas Department of Health and Environment – Legal Attn: Estate Recovery Unit P.O. Box 2428 Topeka, KS 66601.] 9. The general character and probable value of decedent's Estate is: Real Estate of the estimated value of $400,000 with probable annual income of $20,000. Personal property of the estimated value of $150,000. 10. The appointment of an Administrator is necessary for the collection, conservation and administration of the Estate; Harry J. Roe, a resident of Kansas whose residence and address is 1220 Main Street, Metropolis, Kansas 66650 is a suitable and competent person to be granted Letters of Administration. [\\u0018\\u0018. I am the surviving spouse of Richard J. Roe 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.] PETITIONER REQUESTS that Letters of Administration be granted to Harry J. Roe as Administrator of the Estate of Richard J. Roe, deceased. JANE ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 503) 2021 600-5 Kansas Probate Forms 3d /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 Reference K.S.A. 53-60\\u0018; 59-50\\u0018; 59-504; 59-505; 59-506; 59-507; 59-508; 59-509; 59-705; 59-706; 59-\\u0018\\u00180\\u0018; 59-\\u0018706; 59-2\\u0018\\u00188; 59-220\\u0018; 59-2202; 59-2203; 59-2204; 59-22\\u00189; 59-222\\u0018; 59-2222; 59-2223; 59-2239; S. Ct. Rule \\u0018\\u0018\\u0018; S. Ct. Rule \\u001823. Time Any time after death, except in the case of a creditor's Petition. Comment The Petitioner should recite the names, ages, relationships and addresses of all heirs, irrespective of their entitlement to benefits, so far as known or with reasonable diligence can be ascertained. If the Petitioner is a corporation, see Form 1201 for a form of corporate verification. Letters of Administration may be granted to a nonresident of the state when the nonresident has appointed a resident agent, and the resident agent has accepted the appointment in writing. K.S.A. 59-2222 provides that if the decedent or a predeceased spouse of the decedent received medical assistance under K.S.A. 39-709(e), or the laws of any other state, the state or states providing such payment or payments shall be entitled to notice. Such notice shall be provided to the agency or department responsible for the recovery of medical assistance in that state or states. If 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, that alternative should be used as paragraph 8. If the petitioner is the surviving spouse, paragraph 11 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 11 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. 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