Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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 Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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:

Atticus Fast Facts About Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified Administration)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified Administration):

• 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 703 - Testate - Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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 703 - Testate, 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 703 - Testate 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 703 - Testate 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 Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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 703 - Testate 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 703 - Testate, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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 703 - Testate - Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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 Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified 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 703 - Testate - Petition For Probate Of Will And Issuance Of Letters Testamentary Under The Kansas Simplified Estates Act (Simplified Administration). You can use this to get an idea of the context of the form and what type of information is needed.

703 IN THE DISTRICT COURT OF _________________ COUNTY, KANSAS No. _____________ In the Matter of the Estate of ____________________, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TE STAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT ________________, 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 testate in _________________ (city), in _____________ (state), on ______________; at the time of death, decedent was a resident of ___________ County, in ______________ (state), 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 Residence Address Mailing Address PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT 5.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 the decedent other than the persons above named. 6.The written instrument dated ________________, and filed with this Petition is the Last Will and Testament of the decedent; the same had a legal existence and remained unrevoked at the time of death and at the time of its execution decedent was of legal age, of sound mind, a nd not under restraint. 7.A dminis tration is sought under the Kansas Simplified Estates Act for the following reasons: ________________________________________________________________________ (Consider K.S.A. 59-3202 and insert and describe the specific reason for seeking administration under the Kansas Simplified Estates Act.) 8.The name, residence and address of the named Executor of the Will are: Name Residence Address Mailing Address 9.The name and address of the person who prepared the Will are: Name Mailing Address 10.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 PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT 11.The names and ages of the duly appointed legal representatives of the heirs, devisees and legatees, above named, so far as known or can with reasonable diligence be ascertained are: (if none, state n/a) Name Representative Capacity Mailing Address 12.The general character and probable value of decedent's Estate is: Real Property: $ ___________ Estimated annual income of Real Property: $ _________ Personal Property $ ______________ TOTAL VALUE: $ ______________ 13.___________________________________________________________________________ ___________________________________________________________________________ 14.The appointment of an Executor is necessary for the collection, conservation and administration of the Estate; _______________, whose residence and address is ____________________________, is a suitable, competent and qualified person to be granted Letters Testamentary, ____________ 15.______________________________________________________________________________ _______________________________________________________________________________ PETITIONER REQUESTS that the instrument offered as decedent's Last Will and Testament be admitted to probate and record; Letters Testamentary under the Kansas Simplified Estates Act be granted to petitioner to serve as Executor, _________ bond __________________________________________________ ______________________________ Petitioner PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT 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: _______________________________________ PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT Reference K.S.A. 53-601; 59-501; 59-504; 59-505; 59-506; 59-507; 59-508; 59-509; 59-616; 59-617; 59-619; 59-704; 59-706; 59-1101; 59-1104; 59-1701; 59-1706; 59-2118; 59-2201; 59-2202; 59-2203; 59-2204; 59-2219; 59-2220; 59-2221; 59-2222; 59-2223; 59-2225; 59-3201, et seq.; Kan. Const. Bill of Rights § 17; S. Ct. Rule 111; S. Ct. Rule 123. Time The Petition must be filed within six months after the death of the testator, unless K.S.A. 59- 618a applies. Comment The Petition should recite the names, ages, relationships and addresses of all heirs, devisees, and legatees, irrespective of their entitlement to benefits, so far as known or with reasonable diligence can be ascertained. The list of heirs shall be limited to those who would take under the laws of descent and distribution of the state of residence of the decedent. If the testator refers in the will to a statement or list to dispose of items of tangible personal property, the persons to whom the property is given should be named in the Petition as legatees and given notice accordingly throughout the proceedings. 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. Notice to the state of Kansas should be sent to: Kansas Department of Health and Environment - Legal, Attn: Estate Recovery Unit, P.O. Box 2428, Topeka, KS 66601). 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 13. Paragraph 15, and the last portion of the prayer, are applicable only when a consent is filed with the will. When the witnesses to the will and to the consent are the same, it is usually more convenient to make the determination of the validity of the consent at the hearing. If the validity of a consent is to be determined, a proper notice is required along with an appropriate allegation and prayer in the Petition. If all heirs, devisees and legatees file a written waiver of bond, pursuant to K.S.A. 59-1104, the Petition and prayer of the Petition shall so reflect. Letters Testamentary may be granted to a nonresident of the state when the nonresident has appointed a resident agent. K.S.A. 59-1701 permits a bank, savings and loan association or other corporation of a foreign state to serve as a fiduciary in Kansas if the foreign state permits Kansas organizations to serve in a like capacity in the foreign state. If the petitioner is the surviving spouse, Form 541 Affidavit Pursuant to K.S.A. 59-2233 should be completed. 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. PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY UNDER THE KANSAS SIMPLIFIED ESTATES ACT