Everything you need to know about Kansas Form 2760, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.
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 Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian 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:
At any time after the appointment of a guardian and/or conservator, a verified petition may be filed requesting that the court accept the resignation of the guardian and/or conservator, removetheguardianand/orconservator,orappointasuccessorguardianand/orconservator. The above petition requests that the court accept the resignation of the guardian and/or conservator. Upon the filing of such a petition, the court must issue an order fixing the date, time and place of a hearing on the petition, which may be held immediately and without further notice if all persons interested in the matter have entered their appearances, waived notice, and agreed to the court’s entering the order requested. Otherwise, the court shall require the petitioner to give notice of this hearing to such persons and in such manner as the court may direct, including with the notice a copy of the petition. K.S.A. 59-3088(b). The above form may be adapted as appropriate for situations in which the removal of the Guardian and/or Conservator is sought.
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian:
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. 59-3088, 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 2760 - Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form 2760, 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 2760 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).
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.
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.
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?
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.
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.
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.
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 2760, and when in doubt— consult a qualified trust & estates lawyer for that area.
Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian 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 2760 - Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian 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 Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian 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.
Form 2760 - Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian is a probate form in Kansas.
At any time after the appointment of a guardian and/or conservator, a verified petition may be filed requesting that the court accept the resignation of the guardian and/or conservator, removetheguardianand/orconservator,orappointasuccessorguardianand/orconservator. The above petition requests that the court accept the resignation of the guardian and/or conservator. Upon the filing of such a petition, the court must issue an order fixing the date, time and place of a hearing on the petition, which may be held immediately and without further notice if all persons interested in the matter have entered their appearances, waived notice, and agreed to the court’s entering the order requested. Otherwise, the court shall require the petitioner to give notice of this hearing to such persons and in such manner as the court may direct, including with the notice a copy of the petition. K.S.A. 59-3088(b). The above form may be adapted as appropriate for situations in which the removal of the Guardian and/or Conservator is sought.
Kansas has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Kansas.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in Kansas, especially without guidance, can take years to finish and cost upwards of $14,000.
What is Kansas Form 2760 - Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian?
At any time after the appointment of a guardian and/or conservator, a verified petition may be filed requesting that the court accept the resignation of the guardian and/or conservator, removetheguardianand/orconservator,orappointasuccessorguardianand/orconservator. The above petition requests that the court accept the resignation of the guardian and/or conservator. Upon the filing of such a petition, the court must issue an order fixing the date, time and place of a hearing on the petition, which may be held immediately and without further notice if all persons interested in the matter have entered their appearances, waived notice, and agreed to the court’s entering the order requested. Otherwise, the court shall require the petitioner to give notice of this hearing to such persons and in such manner as the court may direct, including with the notice a copy of the petition. K.S.A. 59-3088(b). The above form may be adapted as appropriate for situations in which the removal of the Guardian and/or Conservator is sought.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a KS executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on Kansas Form 2760 - Petition For Resignation Of Guardian/conservator; Appointment Of Successor Guardian/conservator; And For Approval Of Accounting And Report Of Guardian. You can use this to get an idea of the context of the form and what type of information is needed.
2700-\\u0018\\u00187 Kansas Probate Forms 3d 2760 (CAPTION) PETITION FOR RESIGNATION OF GUARDIAN AND CONSERVATOR; APPOINTMENT OF SUCCESSOR GUARDIAN AND CONSERVATOR; AND FOR APPROVAL OF ACCOUNTING AND REPORT OF GUARDIAN Mary Roe, Petitioner, states: \\u0018. Petitioner's mailing address is \\u0018\\u0018\\u0018 W. \\u0018st Street, Hometown, Apache County, Kansas 66648. 2. The name, age, date of birth, residence, present whereabouts and permanent address of Richard Roe as known to me are: Name: Richard Roe Age: 72 years Year of Birth: \\u0018939 Present Whereabouts: Hometown Medical Center, \\u0018\\u001800 Main Street Hometown, Apache County, Kansas 66648 Permanent Address: \\u0018\\u0018\\u0018 W \\u0018 st Street, Hometown, Apache County, Kansas 66648. 3. [I am the duly appointed, qualified and acting guardian and conservator for Richard Roe, an adult an impairment, by order of this Court dated July 28, 20\\u00180.] OR [Joe Keepcare, whose address is Rural Route #\\u0018, Hometown, Kansas 66648, is the duly appointed guardian of Richard Roe, having been appointed by order of this Court dated July 28, 20\\u00180.] 4. Petitioner requests that the Court accept her resignation as guardian and conservator and appoint a successor guardian and conservator for Richard Roe for the following reasons: Petitioner has been ill and will be moving to an assisted living facility. She is not able to continue as guardian and conservator for Richard Roe. 2015 2700-\\u0018\\u00188 Kansas Probate Forms 3d 5. The truth of this petition may be proved by: Name Address Bob Roe 333 N. 3 rd Street, Hometown, Kansas 66648 James Roe 222 N. 2 nd Street, Hometown, Kansas 66648 6. Bob Roe, 333 N. 3 rd Street, Hometown, Kansas, the son of Richard Roe, is a fit and proper person to be appointed successor guardian and conservator for Richard Roe, and is not under contract with the Kansas guardianship program. 7. Petitioner attaches a true and correct accounting of the receipts and disbursements since the last accounting filed by the conservator and a report of guardian on condition of the ward since the last report filed by the guardian. PETITIONER REQUESTS that the Court: \\u0018. Make a determination that Mary Roe shall be allowed to resign as guardian and conservator for Richard Roe. 2. Appoint Bob Roe as successor guardian and conservator for Richard Roe. 3. Approve the attached accounting and report. MARY ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) Reference K.S.A. 53-60\\u0018; 59-3088; S. Ct. Rule \\u001823. Comment At any time after the appointment of a guardian and/or conservator, a verified petition may be filed requesting that the court accept the resignation of the guardian and/or conservator, remove the guardian and/or conservator, or appoint a successor guardian and/or conservator. The above petition requests that the court accept the resignation of the guardian and/or conservator. Upon the filing of such a petition, the court must issue an order fixing the date, time and place of a hearing on the petition, which may be held immediately and without further notice if all persons interested in the matter have entered their appearances, waived notice, and agreed to the court’s entering the order requested. Otherwise, the court shall require the petitioner to give notice of this hearing to such persons and in such manner as the court may direct, including with the notice a copy of the petition. K.S.A. 59-3088(b). The above form may be adapted as appropriate for situations in which the removal of the Guardian and/or Conservator is sought. 2015 2700-\\u0018\\u00189 Kansas Probate Forms 3d This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 2501 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. 2015
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