Kansas Probate Form 2123

Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness)

Everything you need to know about Kansas Form 2123, 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 Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness)

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, Order Of Mental Evaluation And Notice (Mental Illness) 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:

K.S.A. 59-2963 lists persons to whom the notice is sent and lists the persons who may be ordered to serve the patient. Although this form contemplates the hearing will be held in the Courthouse, some jurisdictions hold the hearing at the treatment facility. In this form, the trial is set for the 14th day after the date of the filing of the petition. Trials must be held not sooner than the 7th day or later than the 14th day.

View Form 2123

KS Form 2123, which may also referred to as Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness), is a probate form in Kansas. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness):

  • This form pertains to the State of Kansas

  • The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-2947, K.S.A. 59-2960, K.S.A. 59-2961, K.S.A. 59-2963

  • 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 ’s Form 2123 - Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness) up to date, certain details can change from time-to-time with little or no communication.

How to file Form 2123

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 2123, 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 2123 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 2123 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, Order Of Mental Evaluation And Notice (Mental Illness) 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 Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness) 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 2123 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 2123, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 2123 Online

Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness) 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 2123 - Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness) 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, Order Of Mental Evaluation And Notice (Mental Illness) 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.

View Form 2123

KS Form 2123, which may also referred to as Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness), is a probate form in Kansas. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form 2123 - Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness) is a probate form in Kansas.

  • K.S.A. 59-2963 lists persons to whom the notice is sent and lists the persons who may be ordered to serve the patient. Although this form contemplates the hearing will be held in the Courthouse, some jurisdictions hold the hearing at the treatment facility. In this form, the trial is set for the 14th day after the date of the filing of the petition. Trials must be held not sooner than the 7th day or later than the 14th day.

  • 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 Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness)

K.S.A. 59-2963 lists persons to whom the notice is sent and lists the persons who may be ordered to serve the patient. Although this form contemplates the hearing will be held in the Courthouse, some jurisdictions hold the hearing at the treatment facility. In this form, the trial is set for the 14th day after the date of the filing of the petition. Trials must be held not sooner than the 7th day or later than the 14th day.

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 2123

Here’s the text, verbatim, that is found on Kansas Form 2123 - Preliminary Orders, Order Of Mental Evaluation And Notice (Mental Illness). You can use this to get an idea of the context of the form and what type of information is needed.

2100-32 Kansas Probate Forms 3d 2123 (CAPTION) PRELIMINARY ORDERS, ORDER OF MENTAL EVALUATION AND NOTICE NOW, on this day, the following orders and notice are issued: 1. A Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment, for Ex Parte Emergency Custody Order and for Temporary Custody Order has been filed by Bob Doe in the above Court, alleging that Betsy Doe is a mentally ill person subject to involuntary commitment for care and treatment, requesting that the Court issue an Ex Parte Emergency Custody Order, a Temporary Custody Order, and requesting that the Court order treatment. 2. The Ex Parte Emergency Custody Order was issued by the Court on July 1, 2010. 3. The hearing on the Petition for Temporary Custody Order shall be held on July 3, 2010, at 2:00 p.m., in the following place: Apache County Courthouse, Hometown, KS 66648. 4. The trial on the Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment shall be held on July 15, 2010, at 2:00 p.m., in the following place: Apache County Courthouse, Hometown, KS 66648. 5. W.B. Pleader, a practicing attorney in Apache County, Kansas is appointed to represent the patient at all stages of the proceedings, and until all orders resulting from the proceedings are terminated. 6. The patient shall consult with the above named attorney on July 3, 2010, at 1:30 p.m., at the following location: Apache County Courthouse, Hometown, KS 66648. 7. Betsy Doe, the patient, shall be present at each of the above hearings unless the attorney for the patient requests that the patient’s presence be waived and the Court finds that the patient’s presence would be injurious to the patient’s welfare; provided, however, if the patient requests in writing to the Court or to such person’s attorney that the patient wishes to be present at the hearing, the patient’s presence cannot be waived. 2021 2100-33 Kansas Probate Forms 3d 8. Unless the patient is discharged at the hearing scheduled for July 3, 2010, at 2:00 p.m., the patient shall submit to a mental evaluation at the following location: Apache County Treatment Facility on or before July 7, 2010. 9. A written report of the evaluation ordered above shall be submitted to the Court, all counsel of record, and to whomever the Court may direct not later than July 10, 2010. 10. The patient has a right to a jury trial if a written demand for such is filed with the Court not later than July 10, 2010, which is at least 4 days prior to the time set for trial. 11. If the patient demands a jury trial, the trial date may have to be continued by the Court for a reasonable time in order to empanel a jury, but this continuance will not exceed 30 days from the date of the filing of the demand. 12. A copy of this order and notice, pursuant to K.S.A. 59-2960(a)(6) and 59- 2963 shall be served personally upon the patient by the head of the treatment facility as soon as possible, but not less than six days prior to the date of the trial upon the Petition, and shall be served upon the petitioner, the treatment facility, patient’s legal guardian, patient’s attorney, patient’s spouse or nearest relative, and the participating mental health center in the county where the patient resides by the district attorney by mail. THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. (RETURN) (See Form 2124) (AFFIDAVIT OF SERVICE) (See Form 2125) Reference K.S.A. 59-2947, 59-2960, 59-2961 and 59-2963. Comment K.S.A. 59-2963 lists persons to whom the notice is sent and lists the persons who may be ordered to serve the patient. Although this form contemplates the hearing will be held in the Courthouse, some jurisdictions hold the hearing at the treatment facility. In this form, the trial is set for the 14th day after the date of the filing of the petition. Trials must be held not sooner than the 7th day or later than the 14th day. 2021

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