Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship)

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.

Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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:

These Preliminary Orders and Notice are required only if all interested parties have not agreed in advance to the proposed appointment and submitted their entries of appearance and waivers of notice. In such case, the hearing on the petition could be held immediately and without notice. No time requirements are prescribed by the statute. However, if advance agreement is not obtained, sufficient notice must be given all interested parties to meet due process requirements. A trial date set between 7 and 21 days following the filing of the petition should be sufficient in light of the provisions of K.S.A. 59-3063. No jury trial can be demanded to hear a petition for the appointment of a standby guardian or standby conservator.

Atticus Fast Facts About Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship):

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-3074

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 2706 - Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2706, 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 2706 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 2706 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 Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2706 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 2706, and when in doubt— consult a qualified trust & estates lawyer for that area.

Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2706 - Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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.

Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship) 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 2706 - Preliminary Orders And Notice Concerning The Appointment Of A Standby Guardian And Standby Conservator (Misc Guardianship/conservatorship). You can use this to get an idea of the context of the form and what type of information is needed.

2700-\\u00188 Kansas Probate Forms 3d 2706 (CAPTION) PRELIMINARY ORDERS AND NOTICE CONCERNING THE APPOINTMENT OF A STANDBY GUARDIAN AND STANDBY CONSERVATOR NOW, on this day, the following Preliminary Orders and Notice are issued to: Richard Roe, ward [and conservatee], [A.B. Defender, court-appointed attorney for the ward [and conservatee],] Mary Roe, guardian [and conservator], Bob Roe, and James Roe, 1. A petition has been filed with this Court by Bob Roe, alleging that it would be in the best interests of Richard Roe that a standby guardian [and a standby conservator] should be appointed. That petition is scheduled for trial, to be held on _________________, _________, commencing at ______ (time), to be held at the Apache County Courthouse, room \\u001823. If you wish to be heard by the Court concerning this matter, you must be present at that time. Should you fail to do so, the Court will proceed and enter such orders as the Court determines appropriate. [2. A.B. Defender, a qualified and practicing attorney within this County, is appointed to represent the ward [and conservatee] at all stages of these proceedings, and until discharged by the Court or upon a final determination of the petition and any appeal, whichever occurs first.] 3. While the petitioner, Bob Roe, has suggested that he should be appointed as the standby guardian [and standby conservator], the Court will give proper consideration to the nominee of other persons, if made, in accordance with the provisions of K.S.A. 59-3068. 4. The petitioner, or petitioner’s attorney, shall personally serve or serve by mail copies of these Preliminary Orders and Notice, along with a copy of the Petition, upon every interested party named within the petition, and upon all other persons known to the petitioner to have an interest in this matter, to be delivered by not later than ten* days prior to the date of the scheduled trial. The petitioner, or petitioner’s attorney, shall file proof of such service with the Court prior to the trial. 2021 2700-\\u00189 Kansas Probate Forms 3d THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. SUBMITTED BY: /s/ W.B. Pleader W.B. Pleader, # 00000 PLEADER, PLEADER & TRYOR The Hometown State Bank Building Hometown, Kansas 66648 (9\\u00183) 555-0000 [Fax: (9\\u00183) 555-\\u0018\\u0018\\u0018\\u0018] wbpleader@ppt.com Attorneys for Petitioner Reference K.S.A. 59-3074. Comment These Preliminary Orders and Notice are required only if all interested parties have not agreed in advance to the proposed appointment and submitted their entries of appearance and waivers of notice. In such case, the hearing on the petition could be held immediately and without notice. * The ten day requirement is arbitrary. No time requirements are prescribed by the statute. However, if advance agreement is not obtained, sufficient notice must be given all interested parties to meet due process requirements. A trial date set between 7 and 2\\u0018 days following the filing of the petition should be sufficient in light of the provisions of K.S.A. 59-3063. No jury trial can be demanded to hear a petition for the appointment of a standby guardian or standby conservator. The appointment of an attorney to represent the ward or conservatee is not required, and should be made only when the circumstances of the matter warrant such. The fees of any such appointed attorney should later by assessed against the estate of the ward or conservatee, or otherwise as provided for in K.S.A. 59-3094. 2021