Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary)

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 For Petition For Appointment Of Guardian/conservator (Involuntary) 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:

Service must be accomplished upon the proposed ward/conservatee and the attorney for the proposed ward/ conservatee at least ten days prior to the trial, unless waived. See K.S.A. 59-3066(c). In the case of an adult with an impairment in need of a guardian or a conservator, or both, these preliminary orders and the contents of this notice are all required provisions. K.S.A. 59- 3065 provides for certain discretionary orders that might be entered, but in the case of an adult, will likely be rarely entered initially. Here, the required preliminary orders and notice have been combined into one form. This format is recommended for convenience. They can, however, be prepared as two separate forms if desired.

Atticus Fast Facts About Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary):

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-3063, K.S.A. 59-3064, K.S.A. 59-3065, K.S.A. 59-3066

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 2602 - Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary) 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 2602, 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 2602 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 2602 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 For Petition For Appointment Of Guardian/conservator (Involuntary) 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 2602 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 2602, and when in doubt— consult a qualified trust & estates lawyer for that area.

Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary) 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 2602 - Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary) 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 For Petition For Appointment Of Guardian/conservator (Involuntary) 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 2602 - Preliminary Orders And Notice For Petition For Appointment Of Guardian/conservator (Involuntary). You can use this to get an idea of the context of the form and what type of information is needed.

2021 2600-\\u0018\\u0018 Kansas Probate Forms 3d 2602 (CAPTION) PRELIMINARY ORDERS AND NOTICE ISSUED PURSUANT TO K.S.A. 59-3063, [59-3064, 59-3065] and 59-3066: NOW, on this day, the following Preliminary Orders and Notice are issued to: Richard Roe, the proposed ward and conservatee, A.B. Defender, Attorney for the proposed ward and conservatee, Mary Roe, petitioner, and W.B. Pleader, attorney for the petitioner, Bob Roe, and James Roe. 1. A petition has been filed alleging Richard Roe to be an adult with an impairment in need of a guardian and a conservator, and requesting that Mary Roe, \\u0018\\u0018\\u0018 West \\u0018 st Street, Hometown, Kansas, be appointed. This 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 with regard to 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. The proposed ward and conservatee has the right to have this matter tried before a jury. If a jury trial is desired, demand for such must be made, in writing, filed with the Court at least four days prior to the date of the scheduled trial. In such case, the Court may continue the date of the trial for a period of not more than 30 days from the date of filing of the demand in order to empanel a jury. 3. The proposed ward and conservatee, Richard Roe, shall be excused from appearing at the trial of this matter upon the Court’s finding, based upon [the allegations contained within the petition and within] the report of the examination and evaluation attached to the petition, that [requiring the proposed ward and conservatee to appear would be injurious to his health or safety] [owing to the impairments that the proposed ward and conservatee has that the proposed ward and conservatee would be unable to meaningfully participate in these proceedings]. Notwithstanding this finding, the proposed ward and conservatee has the right to appear at trial. If the proposed ward and conservatee files with the Court, in 2021 2600-\\u00182 Kansas Probate Forms 3d writing, a notice of desire to be present, at least one day prior to the date of the scheduled trial, then the Court will order that the proposed ward and conservatee must be present for the trial. OR 3. [The proposed ward and conservatee, Richard Roe, shall appear in person at the trial of this matter, unless orders to the contrary are later issued by the Court.] 4. A.B. Defender, a qualified and practicing attorney within this County, is appointed to represent the proposed ward and conservatee at all stages of these proceedings and until discharge by this Court or upon a final determination of the petition and any appeal, whichever occurs first, and who shall make arrangements to meet with the proposed ward and conservatee as may be necessary and at such times as are mutually agreeable between this attorney and the proposed ward and conservatee. This attorney shall arrange to first meet with the proposed ward and conservatee on ____________________, (date) at ________ (time), at the Hometown Medical Center, unless other arrangements are made that are agreeable with the proposed ward and conservatee, provided that any such first meeting shall occur at least five days prior to the date of the scheduled trial [and prior to the date and time scheduled for the examination and evaluation]. OR 4. [The Court recognizes that the proposed ward and conservatee has in the past been represented by A.B. Defender, a qualified and practicing attorney in this County, and presumes this representation to continue. This attorney shall contact the proposed ward and conservatee and consult with him about this matter, and shall then advise the Court, within five* days, either that this representation continues, or that this attorney does not represent the proposed ward and conservatee with regard to these matters. In such event, unless the proposed ward and conservatee retains other counsel, who shall have entered his or her appearance, the Court shall at that time appoint an attorney to represent the proposed ward and conservatee.] 5. [The Court determines that the report of examination and evaluation from Randy Smith, M.D., which is attached to the petition, meets the requirements of K.S.A. 59-3064, and for that reason no additional examination or evaluation is required or will be ordered, unless requested by the proposed ward and conservatee or by the attorney for the proposed ward and conservatee. Any such request shall be made in writing, filed with the Court at least four days prior to the date of the scheduled trial, and a copy shall be delivered to the petitioner, or to the attorney for the petitioner. Accompanying this request shall be a statement of the reasons why another examination or evaluation is requested and the name and address of a qualified professional or facility willing and able to conduct this examination or evaluation.] 2021 2600-\\u00183 Kansas Probate Forms 3d OR 5. [The proposed ward and conservatee is ordered to submit to and undergo an examination and evaluation to be conducted by Randy Smith, M.D., and such other professionals as he may determine appropriate to complete any necessary examinations or evaluations to determine matters relevant to the resolution of this case, to be conducted at the Apache County Health Department. The proposed ward and conservatee, or the attorney for the proposed ward and conservatee, shall contact Dr. Smith to make the necessary arrangements to have this examination and evaluation scheduled and completed. Upon completion of any necessary examinations or evaluations, a report shall be prepared by Dr. Smith, or another appropriate professional, in compliance with the requirements of K.S.A. 59-3064 and submitted to the Court and made available to counsel for all parties at least five days prior to the date of the scheduled trial.] 6. [Mary Roe requested and the Court has entered an Order appointing Mary Roe as the temporary guardian and conservator. Her address is listed in the petition. The proposed ward and conservatee, and certain other persons, may request a hearing on this appointment. Any such request must be made, in writing, and filed with the Court not later than the third day following the entry of the Order appointing this temporary guardian and conservator, or of service of that Order upon the proposed ward and conservatee, if later.] OR 6. No temporary guardian or conservator has been [requested or] appointed. [However, Mary Roe has requested the appointment of a temporary guardian and conservator, and that matter has been scheduled for a hearing on __________________ (date) at _________(time), to be held at the Apache County Courthouse, room \\u001823. If you wish to be heard by the Court with regard to 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.] 7. While Mary Roe has suggested that she should be appointed as the guardian and conservator, the Court will give proper consideration to the nominee of other persons, if made, as provided for in K.S.A. 59-3068. 8. Two copies of these Preliminary Orders and Notice, and two copies of the petition, and all attachments shall be [delivered to the Clerk of the Court to be] served upon the attorney for the proposed ward and conservatee by the petitioner, or the petitioner’s attorney, immediately, and the attorney for the proposed ward and conservatee is ordered to personally serve a copy of these Preliminary Orders and Notice, and a copy of the petition and all attachments, upon the proposed ward and conservatee within five* days. [The petitioner, or petitioner’s attorney, and] the attorney for the proposed ward and conservatee, shall file proof of such service 2021 2600-\\u00184 Kansas Probate Forms 3d with the Court prior to the trial. The petitioner, or the petitioner’s attorney shall also serve or serve by mail copies of these Preliminary Orders and Notice, and the petition and all attachments, upon every other interested party named within the petition, and all other parties known to have an interest in this case, to be delivered not later than ten* days prior to the date of the scheduled trial. The petitioner, or petitioner’s attorney, shall also file proof of such service with the Court prior to the trial. OR 8. The sheriff of Apache County shall personally serve a copy of these Preliminary Orders and Notice, and of the petition and all attachments, upon the proposed ward and conservatee, and shall file proof of such service with the Court prior to the trial. 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. 59-3063; 59-3064; 59-3065; and 59-3066. Time The trial date is required to be set not earlier than 7 days, nor more than 2\\u0018 days following the filing of the petition. See K.S.A. 59-3063(a)(1). Only trial dates set between 10 and 21 days allow all required deadlines to be met without waivers. All other time lines contained in the form are either made based upon statutory requirements, or are selected based upon these statutory requirements. Selected dates are noted by an *. The key factor is that service must be accomplished upon the proposed ward/conservatee and the attorney for the proposed ward/ conservatee at least ten days prior to the trial, unless waived. See K.S.A. 59-3066(c). 2021 2600-\\u00185 Kansas Probate Forms 3d Comment In the case of an adult with an impairment in need of a guardian or a conservator, or both, these preliminary orders and the contents of this notice are all required provisions. K.S.A. 59- 3065 provides for certain discretionary orders that might be entered, but in the case of an adult, will likely be rarely entered initially. Here, the required preliminary orders and notice have been combined into one form. This format is recommended for convenience. They can, however, be prepared as two separate forms if desired.