Petition For Order [Admitting Will To Record And] Refusing To Grant 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 Order [Admitting Will To Record And] Refusing To Grant 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 Petition can also be brought on behalf of minor children if there is no surviving spouse. In the statute relating to refusal to grant letters of administration no distinction is made between intestate and testate estates. If refusal of letters of administration is appropriate in a testate situation, the will should be delivered with the petition pursuant to K.S.A. 59-621. If in a testate situation it is desirable to comply with K.S.A. 59-617, the petition must so allege and proper notice must be given.

Atticus Fast Facts About Petition For Order [Admitting Will To Record And] Refusing To Grant Letters Of Administration

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Order [Admitting Will To Record And] Refusing To Grant 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. 53-601, K.S.A. 59-403, K.S.A. 59-621, K.S.A. 59-2222, K.S.A. 59-2287, 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 201 - Petition For Order [Admitting Will To Record And] Refusing To Grant 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 201, 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 201 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 201 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 Order [Admitting Will To Record And] Refusing To Grant 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 201 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 201, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Order [Admitting Will To Record And] Refusing To Grant 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 201 - Petition For Order [Admitting Will To Record And] Refusing To Grant 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 Order [Admitting Will To Record And] Refusing To Grant 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 201 - Petition For Order [Admitting Will To Record And] Refusing To Grant Letters Of Administration. You can use this to get an idea of the context of the form and what type of information is needed.

200-3 Kansas Probate Forms 3d 201 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 9,000 FRANK GREEN, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR ORDER [ADMITTING WILL TO RECORD AND] REFUSING TO GRANT LETTERS OF ADMINISTRATION Jane Green, Petitioner, states: \\u0018. Petitioner is a resident of Apache County, Kansas, whose address is Route 3, Hometown, Kansas 66650. 2. Petitioner has an interest in decedent’s estate as the surviving spouse and one of the heirs. 3. Frank Green died intestate at Hometown, Kansas, on June 3, 20\\u00180; at the time of death decedent was a resident of Apache County, Kansas, and a citizen of the United States[; and not more than six months have passed since the date of decedent’s death]. 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 Mailing Address Jane Green Adult Wife Route 3 Hometown, KS 66650 Same Frank Green \\u00186 years Son Route 3 Hometown, KS 66650 Same Sue Green \\u00184 years Daughter Route 3 Hometown, KS 66650 Same [5. The names, ages, relationships, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained are: Name Age Relationship Residence Address Mailing Address (NONE)] 2017 200-4 Kansas Probate Forms 3d 6. The names and addresses of the duly appointed legal representatives of the surviving spouse and minor children above named so far as known or can with reasonable diligence be ascertained are: Name Representative Capacity Address (NONE) 7. So far as known or can with reasonable diligence be ascertained decedent had no spouse, children, issue of deceased children, or other heirs who survived decedent, other than the persons above named. 8. The estate of the decedent, less liens and encumbrances, is not greater in value than $50,000 and consists of the following property: (a) Pursuant to K.S.A. 59-403(a): Value (1) Furniture $ 500.00 (2) Household Goods $ 500.00 (3) Wearing Apparel $ 500.00 (4) Automobile (2000 Ford 2-dr Sedan, Id. # 12345) $4,000.00 TOTAL $5,500.00 (b) Pursuant to K.S.A. 59-403(b): (5) 100 Shares of XYZ Corporation Stock with a value of $50 per Share $5,000.00 (6) Money due from ABC Corporation $ 200.00 TOTAL $5,200.00 [9. No Kansas estate tax is chargeable against the estate.] \\u00180. [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 6660\\u0018.] [11. Petitioner, pursuant to K.S.A. 59-621, delivers with this petition a written instrument dated January \\u00185, 20\\u00180, purporting to be the Last Will and Testament of Frank Green, deceased.] 2015 200-5 Kansas Probate Forms 3d [12. I am the surviving spouse of Frank Green 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 Frank Green, deceased, dated January \\u00185, 20\\u00180.] PETITIONER REQUESTS that the Court find the entire estate of the decedent be assigned and distributed to petitioner and the minor children of decedent as statutory allowance pursuant to K.S.A. 59-403, unless the existence of other property is shown; an Order be issued refusing to grant letters of administration [and the instrument offered as decedent’s Last Will and Testament be admitted to record]. JANE GREEN Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 503) SUBMITTED BY: /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; 59-403; 59-621; 59-2222; 59-2287; S. Ct. Rule 111; S. Ct. Rule 123. Time Within six months of date of death, if the will is to be admitted to record. Comment The Petition can also be brought on behalf of minor children if there is no surviving spouse. In the statute relating to refusal to grant letters of administration no distinction is made between intestate and testate estates. If refusal of letters of administration is appropriate in a testate situation, the will should be delivered with the petition pursuant to K.S.A. 59-621. 2021 200-6 Kansas Probate Forms 3d If in a testate situation it is desirable to comply with K.S.A. 59-617, the petition must so allege and proper notice must be given. 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 \\u0018, 20\\u00180. For a history and discussion of Kansas inheritance, estate and succession taxes, see the comment to Form 545. 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 10. If the petitioner is the surviving spouse, paragraph 12 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 12 nor Form 541 are 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 phrase in paragraph 12 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