Fill and Sign the Administration Small Estates Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF KANSAS SUMMARY ADMINISTRATION PACKAGE SMALL ESTATES Control Number – KS–ET20 This packet contains the following: 1. Instructions ; and 2. Forms. NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. In order to use the form fields properly, it is necessary to “lock or protect” the document. 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Inserting date will result in the default line disappearing. You will have sufficient space to enter any required information. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Kansas. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - 3 - SIMPLIFIED ESTATE ADMINISTRATION PACKAGE KS-ET20 INCLUDED: Form One - Petition for Probate and/or Administration. Form Two - Notice to Creditors Form Three - Proposed Order Approving Petition Form Four - Letters of Administration Form Five - Inventory and Valuation Form Six - Petition for Closing Order Selected Kansas Statutes PLEASE NOTE: The following is a limited set of instructions regarding the use of the included forms. This in no way should be considered a complete discussion of the process of probating an estate. Kansas statutes regarding probate are complex, and care should be taken to read and understand applicable statutes. Consultation with a knowledgeable attorney is always advised. Step One – Submit a petition to the appropriate court requesting to be named as the estate administrator. Notice of this petition must be given to creditors of the decedent within ten (10) days of filing. Step Two – Contact the court administrator regarding a hearing date for the petition. Step Three – Upon approval of petition by probate judge, tender to the judge an order approving the petition and letters of administration. Step Four – File with the court an accounting of the estate and provide a copy to any interested party who has requested one. Step Five – Provide the Court with an order requesting the estate be closed. - 4 - IN THE ________________________ COURT OF __________________ COUNTY, KANSAS In the Matter of the Estate of Case. No ____________ ______________________________ Deceased Petition pursuant to chapter 59 of the Kansas Statutes Annotated PETITION FOR INFORMAL PROBATE AND LETTERS OF SUMMARY ADMINISTRATION COMES NOW, ______________________________ , and files this Petition for Administration or Probate of a Will pursuant to the Kansas Simplified Estates Act, and in support thereof would show unto the court as follows: 1. The petitioner, ______________________________ , of the following address, ____________________________________ , holds an interest in the estate of the deceased through the following relationship, that of ____________________________________ . 2. The decedent, ____________________________________ , aged ______ years, a resident of __________________ County, residing at ________________________________________________________________________ passed from this life at on the ______ day of ____________ , 20 ______ , with without a will. 3. The following are the names and addresses of all parties with an interest in the estate of the decedent, including the age of any who is a minor and the relationship of each heir and devisee to the decedent, so far as is known to the petitioner. Name Address ______________________________ ________________________ Relationship Age ________________________ __________________ ______ ________________________ Name Address ______________________________ ________________________ Relationship Age ________________________ __________________ ______ ________________________ Name Address ______________________________ ________________________ Relationship Age ________________________ __________________ ______ ________________________ - 1 - Name Address ______________________________ ________________________ Relationship Age ________________________ __________________ ______ ________________________ Name Address ______________________________ ________________________ Relationship Age ________________________ __________________ ______ ________________________ Name Address ______________________________ ________________________ Relationship Age ________________________ __________________ ______ ________________________ 4. A will exists. The original of the decedent's last will is in the possession of this Court, or accompanies this application, or an authenticated copy of a will probated in another jurisdiction accompanies this application. Further, the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed, and that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent's last will. The will was executed on the ______ day of ____________ , 20 ______ , and was tendered for probate or an application for probate was filed on the ______ day of 1/ ______ , 20 ______ . 5. A will does not exist. After the exercise of reasonable diligence the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this State. 6. The petitioner has has not received a demand for notice, and/or is is not aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this State or elsewhere. 7. On information and belief, the estate of the decedent, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes. THEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request that this Court issue an order granting the petitioner letters testamentary or letters of administration, as well as any other relief that the Court finds appropriate. Under penalties of perjury, the undersigned declares that he/she is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and that as to such matters he believes it to be true. - 2 - This the ______ day of __________________ , 20 ______ . ____________________________________ Petitioner Acknowledgment of Individual STATE OF KANSAS COUNTY OF __________________ This instrument was acknowledged to me on ____________ (date) by ______________________________ [name(s) of person(s)]. ____________________________________ Notary Public       Print or Type Name My commission expires: __________________ - 3 - IN THE ________________________ COURT OF __________________ COUNTY, KANSAS In the Matter of the Estate of Case. No ____________ ______________________________ Deceased Petition pursuant to chapter 59 of the Kansas Statutes Annotated Notice of Petition for Administration or Probate of Will PLEASE TAKE NOTICE that on or about the ______ day of ____________ , 20 ______ , the undersigned filed a Petition for Administration of the estate of the above- named decedent or a Petition for the admission of the will of the decedent, if any, to probate. Creditors or other interested parties may contact the petitioner at the following address and phone number: Address: ______________________________ ______________________________ ______________________________ ______________________________ Telephone: ( ______ ) ______ - ____________ Additional information regarding this matter may be obtained by contacting the Clerk of Court at the following address: ______________________________ ______________________________ ______________________________ ______________________________ This the ______ day of ____________ , 20 ______ . ____________________________________ Signature - 1 - IN THE ________________________ COURT OF __________________ COUNTY, KANSAS In the Matter of the Estate of Case. No ____________ ______________________________ Deceased Petition pursuant to chapter 59 of the Kansas Statutes Annotated ORDER APPROVING PETITION FOR PROBATE OR ADMINISTRATION Upon consideration of the Petition for Administration of the estate of, or the Probate of the Will of, the decedent, ____________________________________ , this Court finds that said Petition is well taken and it is hereby ordered that the petitioner be issued letters of administration letters testamentary in this matter and be granted authority as a personal representative, with all the entitlements and responsibilities inherent thereto, to resolve this estate pursuant to the Kansas Simplified Estates Act. SO ORDERED THIS THE ______ DAY OF __________________ , 20 ______ . ____________________________________ Judge of the Probate Court - 1 - IN THE ________________________ COURT OF __________________ COUNTY, KANSAS In the Matter of the Estate of Case. No ____________ ______________________________ Deceased Petition pursuant to chapter 59 of the Kansas Statutes Annotated LETTERS OF ADMINISTRATION / LETTERS TESTAMENTARY On the ______ day of __________________ , 20 ______ , the Court entered an Order appointing ______________________________ as Personal Administrator of the above- named Decedent’s Estate. The Administrator, having duly qualified, may act and has the authority and duties of Administrator. In testimony of which, I have this date signed these Letters and affixed the seal of the Court. ____________________________________ Clerk of Court OATH I, ______________________________ , whose mailing address is ________________ __________________________________, solemnly affirm that I will faithfully perform according to law the duties of Administrator and that all matters stated in any petition or paper filed with the Court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true. ____________________________________ Administrator State of Kansas County of __________________ Subscribed and affirmed before me, This the ______ day of __________________ , 20 ______ , ___________________________________________ Clerk or Notary Public - 1 - IN THE ________________________ COURT OF __________________ COUNTY, KANSAS In the Matter of the Estate of Case. No ____________ ______________________________ Deceased Petition pursuant to chapter 59 of the Kansas Statutes Annotated Inventory and Valuation COMES NOW , ______________________________ , as duly appointed administrator of the estate of ______________________________ , deceased, and pursuant to Kansas statute, provides the following inventory and valuation of the assets of the estate. ASSET DESCRIPTION FAIR MARKET DEBTS OWED ON VALUE ASSET, IF ANY.                                                                                                                                                                                                                                                                                                                                                       The following debts of the decedent have been paid: Creditor Amount Date Paid                   - 1 -                                                                                                                                                                                     The remaining assets of the estate, if any have been distributed in the following manner: Asset Distributed to Date                                                                                                                                                                   This the ______ day of __________________ , 20 ______ . ____________________________________ Signature STATE OF KANSAS COUNTY OF __________________ This instrument was acknowledged to me on __________________ (date) by ______________________________ [name(s) of person(s)]. ____________________________________ Notary Public       Print or Type Name My commission expires: __________________ - 2 - IN THE ________________________ COURT OF __________________ COUNTY, KANSAS In the Matter of the Estate of Case. No ____________ ______________________________ Deceased Petition pursuant to chapter 59 of the Kansas Statutes Annotated PETITION FOR ORDER CLOSING ESTATE 1. COMES NOW, ______________________________ , having been issued letters for the administration of the estate of the above-named decedent and files this Petition requesting that this Court issue an Order closing said estate, and in support thereof would show the following: 2. To the best knowledge of the personal representative, the value of the entire estate, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes. 3. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled to it; and 4. I have furnished a full account in writing of the administration of this estate to the distributees whose interests are affected, and said inventory and valuation is attached to this petition. WHEREFORE, PREMISES CONSIDERED, the petitioner, having presenter an accounting of the administration of the decedent’s estate, would respectfully request that this court, without further notice, adjust, correct, settle, allow or disallow such account, and if the account is allowed, summarily determine the heirs, legatees, and devisees, and close the administration of this estate. I have read the foregoing Statement and know of my own knowledge that the facts stated therein are true and correct. This the ______ day of __________________ , 20 ______ . ___________________________________ Signature Acknowledgment of Individual - 1 - STATE OF KANSAS COUNTY OF __________________ This instrument was acknowledged to me on __________________ (date) by ______________________________ [name(s) of person(s)]. ____________________________________ Notary Public       Print or Type Name My commission expires: __________________ - 2 - Selected Kansas Statutes 59-103 . Application of chapter; form of petitions . (a) Chapter 59 of the Kansas Statutes Annotated may be used: (1) To admit last wills and testaments to probate. (2) To grant and revoke letters testamentary and of administration. (3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates. (4) To administer partnership estates as provided in this act. (5) To determine the heirs, devisees, and legatees of decedents. (6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts. (7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts. (8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts. (9) To hold hearings respecting mentally ill persons, and to order their referral for treatment. (b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated." 59-709 . Filing of certain petitions; notice to creditors. (a) Every petitioner who files a petition for administration or probate of a will shall give notice thereof to creditors, pursuant to an order of the court, and within 10 days after such filing. Such notice shall be published in some newspaper of the county authorized by law to publish legal notices and shall be published once a week for three consecutive weeks. A petitioner for the appointment of a successor administrator, administrator CTA or administrator DBN shall publish notice to creditors only in the event the original petitioner for administration or for the probate of a will had failed to give such notice. (b) The personal representative of a decedent's estate shall give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim statute. (c) Notwithstanding any other notice requirements of the probate code, notice to creditors shall not be necessary if a petition for administration or probate of a will shall have been filed after the period of time prescribed by K.S.A. 59-2239, and amendments thereto, for the timely exhibit of creditors' claims. - 1 - 59-1507 . Summary proceedings . Whenever it is established that the estate of a decedent, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes, the executor or administrator may by order of the court pay the same in the order named, and present his or her account with an application for the settlement and allowance thereof. Thereupon the court with or without notice, may adjust, correct, settle, allow or disallow such account, and if the account is allowed, summarily determine the heirs, legatees, and devisees, and close the administration. 59-3201 . Citation of act. K.S.A. 59-3201 to 59-3206, inclusive, shall be named and may be cited as the Kansas simplified estates act. 59-3202 . Administration as simplified estate or supervised estate; determination by court. On the hearing of a petition for the appointment of an administrator or for the probate of a will where administration is sought under the Kansas simplified estates act, the court shall determine whether the estate shall be administered as a simplified estate or as a supervised estate. In making such determination, the court may consider the size of the estate; the degree of kinship of the heirs, devisees and persons seeking appointment; the solvency of the estate; the nature of the estate; the wishes of the heirs and devisees; the probable cost of estate administration and settlement; and any other pertinent matters. 59-3203 . Administration as simplified estate; applicable procedure. (a) If the court has determined that the estate shall be administered as a simplified estate, further proceedings shall be under the provisions of the Kansas simplified estates act with the following exceptions: (1) If letters issued under the Kansas simplified estates act are revoked, pursuant to K.S.A. 59-3206; or (2) if pursuant to K.S.A. 59-3205, the executor or administrator petitions the court for a notice, judicial determination of a single proceeding or an act in the estate, but does not seek supervised administration. (b) All procedures, notices, bonds, hearings and appeals under the Kansas simplified estates act shall proceed as set out under other provisions of the Kansas probate code, unless otherwise provided herein. (c) All letters testamentary and letters of administration issued pursuant to the Kansas simplified estates act shall be designated on their face as letters testamentary or letters of administration issued under the Kansas simplified estates act. - 2 - (d) No provision of the Kansas simplified estates act shall be construed to eliminate any required notice of petition to sell, lease or mortgage real property. 59-3204 . Executor or administrator; duties . (a) The executor or administrator appointed under the Kansas simplified estates act shall collect the decedent's assets, file an inventory and valuation, pay claims of creditors, and for decedents dying before July 1, 1998, secure a determination of Kansas inheritance tax in the manner provided by the Kansas inheritance tax act and pay taxes owed by the decedent or the decedent's estate in the manner provided by law. (b) The executor or administrator may sell, liquidate or exchange personal property of the estate not specifically bequeathed. Payment of creditors' claims and sale, liquidation or exchange of personal property hereunder shall not require court supervision. (c) The executor or administrator may make a distribution of a bequest or of the residue of the estate prior to the closing of the estate, and such executor or administrator may require a redelivery bond equal to the value of the property distributed. 59-3205 . Court supervision not required; exceptions; order to close estate . After an estate has been opened under the Kansas simplified estates act and letters testamentary or letters of administration under this act have been issued, no further court supervision is necessary or required until the court orders the estate closed except: (a) When the administrator or executor petitions the court for a judicial determination of any proceeding or act in the estate, but does not seek supervised administration for the remainder of the administration and the petition is granted; or (b) when the change to supervised administration is made, as provided in K.S.A. 59-3206 and amendments thereto. When the time for the filing of claims has expired, the time in which an appeal may be taken from an order admitting or refusing to admit a will to probate has expired and six months from the date of decedent's death have expired, the court may order the estate closed as provided in K.S.A. 59-2247 and 59-2249, and amendments thereto. - 3 -