Voluntary Petition For 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.

Voluntary Petition For 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:

Because the statute requires the Petitioner to knowingly and voluntarily request the appointment of a conservator, mental disability should not be alleged. Other alternatives, such as a durable power of attorney, should be considered before requesting a voluntary conservatorship.

Atticus Fast Facts About Voluntary Petition For Conservatorship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Voluntary Petition For Conservatorship:

• 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. 59-103(a), K.S.A. 59-3056, K.S.A. 59-3069, K.S.A. 59-3083, S. Ct. Rule 109, 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 2501 - Voluntary Petition For 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 2501, 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 2501 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 2501 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 Voluntary Petition For 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 2501 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 2501, and when in doubt— consult a qualified trust & estates lawyer for that area.

Voluntary Petition For 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 2501 - Voluntary Petition For 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.

Voluntary Petition For 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 2501 - Voluntary Petition For Conservatorship. You can use this to get an idea of the context of the form and what type of information is needed.

2500-2 Kansas Probate Forms 3d 2501 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Conservatorship of Richard Roe No. ___________ (Petition Pursuant to K.S.A. Chapter 59) VOLUNTARY PETITION FOR CONSERVATORSHIP Richard Roe, Petitioner, states: \\u0018. I am an adult person for whom no guardian or conservator has been appointed nor am I a proposed ward or a proposed conservatee. 2. I was born in \\u0018923 and am 88 years of age. 3. I permanently reside at 400 Harvard Street, Hometown, Apache County, Kansas; my present whereabouts is: the same . 4. I am in need of the appointment of a conservator because: My deceased spouse formerly managed our financial affairs, and our children live out of state. Due to the complexity of my estate and lack of family support, I need assistance to properly manage and care for my property. It is in my best interest that a conservator be appointed. 5. I knowingly and voluntarily request the appointment of John Manager, 376 Yale Road, Hometown, Kansas, who is a fit and proper person to be appointed as my conservator, to serve with bond. The proposed conservator is a man, born in \\u0018963, who is 48 years of age and whose place of employment is: Hometown Hardware, Hometown, Kansas. 6. The proposed conservator’s relationship to me is: none. 7. The proposed conservator has the following personal or agency interests that may be perceived as self-serving or adverse to my position or best interests: none. 8. The proposed conservator is not under contract with the Kansas guardianship program. 9. The proposed conservator has completed the instructional program required by K.S.A. 59-3069(j), and evidence of completion is attached hereto. 2012 2500-3 Kansas Probate Forms 3d \\u00180. The names and addresses of relatives nearest in kinship to me are: Name Address Relationship Charles Roe 376 Elm St., Los Angeles, CA 902\\u00180 Son Shelly Smith 222 W. 45 th , Nashville, TN 764\\u00185 Daughter \\u0018\\u0018. The general character and probable value of my property is: Real property: 400 Harvard St., Hometown, KS (homestead): Estimated value $\\u001800,000 402 Harvard St., Hometown, KS (rental house): Estimated value $75,000 Personal property: 20\\u00180 Toyota Automobile: $20,000 Household goods: $\\u00185,000 Checking account: Av Bal, $2,500 500 shares common stock, Westar Energy, $50 per share: $25,000 Monthly income: Social Security: $\\u0018700/mo; Pension: $\\u0018200/mo; Rental income $750/mo Reasonably expected monthly expenses: $\\u0018200/mo 12. The name, address and description of petitioner’s existing fiduciary is: Name Address Description none. PETITIONER REQUESTS that the Court: 1. Issue an order fixing the time and place of the trial on this Petition; 2. Make a determination that I am in need of a conservator and that the appointment of a conservator is in my best interest; 3. Make a determination that I have knowingly and voluntarily requested the appointment of John Manager as my conservator and that he is a fit and proper person to be so appointed; and 4. Appoint John Manager as my conservator. RICHARD ROE Petitioner 2017 2500-4 Kansas Probate Forms 3d (SWORN VERIFICATION) STATE OF KANSAS COUNTY OF APACHE I swear or affirm that the statements made in this Petition are true and that I am the person filing this Petition. RICHARD ROE SIGNED AND SWORN TO (or affirmed) before me on July \\u0018, 20\\u00180. HELEN WATERS Notary Public (SEAL) My Appointment Expires: December 3\\u0018, 20\\u00185 OR (UNSWORN VERIFICATION) I verify under penalty of perjury under the laws of the State of Kansas that the foregoing is true and correct. Executed on . RICHARD ROE Petitioner PREPARED 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 2021 2500-5 Kansas Probate Forms 3d Reference K.S.A. 53-60\\u0018; 59-\\u001803(a); 59-3056; 59-3069; 59-3083; S. Ct. Rule \\u001809; S. Ct. Rule \\u001823. Comment Because the statute requires the Petitioner to knowingly and voluntarily request the appointment of a conservator, mental disability should not be alleged. Other alternatives, such as a durable power of attorney, should be considered before requesting a voluntary conservatorship. In paragraph 5, the petition pleads the name, age, date of birth, gender, address and place of employment of the proposed conservator as required by K.S.A. 59-3056(c). Much of this information will be helpful in identifying the conservator should it ever become necessary to issue a bench warrant for the conservator. In paragraph 7, the petition pleads that the proposed conservator has no personal or agency interest that may be perceived as self-serving or adverse to the interests of the conservatee. See K.S.A. 59-3056(c). For examples of petitions where a conflict of interest is alleged, see Forms 260\\u0018 and 2620. Personal or agency interest includes, but is not limited to, details of any financial, agency or other transactions between a proposed guardian, guardian, proposed conservator or conservator and the proposed ward, ward, proposed conservatee or conservatee as applicable. K.S.A. 59- 305\\u0018(j). As of January 1, 2009, every individual appointed as guardian or conservator must file with the court evidence of completion of a basic instructional program concerning the duties and responsibilities of a guardian or conservator prior to the issuance of letters of guardianship and conservatorship. K.S.A. 59-3069(j). The materials comprising the instructional program may be found at the end of the Miscellaneous Guardianship and Conservatorship Forms and are also available on the Judicial Council’s website: www.kansasjudicialcouncil.org. This petition was drafted to allege that the proposed conservator has already completed the instructional program. In many instances, it is expected that a proposed guardian or conservator will complete the instructional program before the filing of the petition; however, the statute only requires that evidence of completion of the instructional program be filed before Letters are issued. K.S.A. 59-3069(j). See Forms 260\\u0018 and 2605 for an example of a petition and order where evidence of completion of the instruction program has not been filed before the hearing on the petition. The petition includes a line for reasonably expected monthly expenses as these are to be deducted from the value of the proposed conservatee’s personal property and income in determining the amount of the required bond. K.S.A. 59-3069. Supreme Court Rule \\u001809 provides that annual accounting and reporting periods shall be the 12-month period immediately preceding the anniversary date of the filing of the case, unless otherwise authorized by the district court. This results in accountings which are staggered on the courts’ dockets rather than all occurring at the same time. While this result may be preferable in high volume courts, other courts prefer to receive all accountings at the same time and may base the accounting period on either the calendar or fiscal year. Practitioners should become familiar with local court procedures in this area. If the petitioner has good cause for requesting an accounting period other than the one prescribed by Supreme Court Rule \\u001809, the petition should so state. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. 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. 2021