Kansas Probate Form 801

Petition To Admit Foreign Will To Probate And Record

Everything you need to know about Kansas Form 801, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.

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About Petition To Admit Foreign Will To Probate And Record

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 To Admit Foreign Will To Probate And Record 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:

In this proceeding, because the Court is being asked not only to admit the foreign will to record but is also being asked to find that administration is not necessary and to construe the will and assign the title to real estate, constitutional due process may require publication of notice pursuant to K.S.A. 59-2209.

Atticus Fast Facts About Petition To Admit Foreign Will To Probate And Record

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Admit Foreign Will To Probate And Record:

  • 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. 59-803, K.S.A. 59-804, K.S.A. 59-805, K.S.A. 59-806, K.S.A. 59-807, K.S.A. 59-808, K.S.A. 59-809, K.S.A. 59-2202, K.S.A. 59- 2220, K.S.A. 59-2221, K.S.A. 59-2229, K.S.A. 59-2230, K.S.A. 59-2247, S. Ct. Rule 111, S. Ct. Rule 123

  • The official Kansas source for this form is here.

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 801 - Petition To Admit Foreign Will To Probate And Record up to date, certain details can change from time-to-time with little or no communication.

How to file Form 801

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 801, 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 801 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 801 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 To Admit Foreign Will To Probate And Record 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Petition To Admit Foreign Will To Probate And Record is due

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 801 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 801, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 801 Online

Petition To Admit Foreign Will To Probate And Record 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 801 - Petition To Admit Foreign Will To Probate And Record 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 To Admit Foreign Will To Probate And Record 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.

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Did you know?

  • Form 801 - Petition To Admit Foreign Will To Probate And Record is a probate form in Kansas.

  • In this proceeding, because the Court is being asked not only to admit the foreign will to record but is also being asked to find that administration is not necessary and to construe the will and assign the title to real estate, constitutional due process may require publication of notice pursuant to K.S.A. 59-2209.

  • 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.

Frequently Asked Questions about Petition To Admit Foreign Will To Probate And Record

In this proceeding, because the Court is being asked not only to admit the foreign will to record but is also being asked to find that administration is not necessary and to construe the will and assign the title to real estate, constitutional due process may require publication of notice pursuant to K.S.A. 59-2209.

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

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!

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
.

The Exact Text on Form 801

Here’s the text, verbatim, that is found on Kansas Form 801 - Petition To Admit Foreign Will To Probate And Record. You can use this to get an idea of the context of the form and what type of information is needed.

2021 800-2 Kansas Probate Forms 3d 801 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Estate of } No. 7,000 SAM SAUSAGE, Deceased (Petition Pursuant to K.S.A. Chapter 59) PETITION TO ADMIT FOREIGN WILL TO PROBATE AND RECORD Ann Sausage, Petitioner, states: 1. Petitioner is a resident of Apache County, Kansas, whose address is Route 2, Hometown, Kansas 66649. 2. Petitioner has an interest in decedent's Estate as a devisee and legatee in the Last Will and Testament of Sam Sausage, deceased, dated July 3, 2009. 3. Sam Sausage died testate at Oldtown, Arizona, on July 15, 2009; more than six months have expired since the date of death; at the time of death decedent was a resident of Jackson County, Arizona, and a citizen of the United States. 4. Decedent's Last Will and Testament dated July 3, 2009, was admitted to probate in the Probate Court of Jackson County, Arizona, on August 30, 2009, and the order of the Court admitting Will to probate remains in full force. 5. There is filed with and made a part of this Petition by reference a duly authenticated partial transcript of proceedings in the Estate of Sam Sausage, deceased, from the Probate Court of Jackson County, Arizona, containing the following: a. Will, executed, proved and admitted to probate according to the laws of the state of Arizona. b. Order Admitting Will to Probate. 6. There is property in Apache County, Kansas, upon which the Will may operate; the Will has not been admitted to Probate in any other County of this State; no administration of the estate in Kansas is necessary and the general character and probable value of the decedent's Estate in this State is: Real Estate of the estimated value of $\\u00180,000 situated in Apache County, Kansas, 2021 800-3 Kansas Probate Forms 3d and described as follows: The Southwest quarter of Section 20, Township 20, Range 50, West of the 15th P.M., containing 160 acres, more or less. 7. The decedent was survived by the following named persons who, so far as known or can with reasonable diligence be ascertained, are all of decedent's heirs: Residence Mailing Name Age Relationship Address Address Ann Sausage Adult Niece Route 2, Same Hometown, KS 66649 George Sausage Adult Nephew Route 3, Same Hometown, KS 66649 8. So far as known or can with reasonable diligence be ascertained, the decedent had no spouse or children, issue of deceased children, or other heirs who survived the decedent, other than the persons above named. 9. The decedent was survived by the following persons who are all of decedent's legatees and devisees: Name Age Relationship Residence and Address Ann Sausage Adult Niece Route 2, Hometown, KS 66649 George Sausage Adult Nephew Route 3, Hometown, KS 66649 [\\u00180. No Kansas estate tax is chargeable against the estate.] 11. The Last Will and Testament of the decedent should be construed to distribute the Estate as follows: (a) Specific devise of undivided one-half interest in above described real estate to Ann Sausage. (b) Specific devise of undivided one-half interest in above described real estate to George Sausage. PETITIONER REQUESTS that the above mentioned foreign probated Will of Sam Sausage, deceased, be admitted to probate and record in this Court; the Court find that no administration in the Estate is necessary; the Will be construed and the Kansas real estate owned by the decedent be assigned in accordance with the terms of the Will. ANN SAUSAGE Petitioner 2021 800-4 Kansas Probate Forms 3d (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; 59-803; 59-804; 59-805; 59-806; 59-807; 59-808; 59-809; 59-2202; 59- 2220; 59-2221; 59-2229; 59-2230; 59-2247; S. Ct. Rule 111; S. Ct. Rule 123. Time When, as in this illustration, the petition asks that the Court find No administration of the estate in Kansas is necessary, the hearing on the petition should not be set sooner than six months after the date of death. When administration, simplified or supervised, is sought, the petition and foreign will could be filed either before or after six months have expired from date of death. Comment 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. 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.

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