Kansas Statutes 59-3302. Petition; contents
Terms Used In Kansas Statutes 59-3302
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Law of descent: The State statutes that specify how a deceased person
- Property: includes personal and real property. See Kansas Statutes 77-201
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) Any person interested in an estate may petition for informal administration.
(b) The petition shall contain:
(1) The name and residence address of the petitioner.
(2) The interest of the petitioner in the estate.
(3) The name, residence address and date and place of death of the decedent and a statement that there is property which is subject to administration.
(4) The names, ages, residences, addresses and relationships of the heirs, devisees and legatees of the decedent and any named fiduciary, if known or ascertainable with reasonable diligence.
(5) The name and address of the person who prepared the will, if known or ascertainable with reasonable diligence.
(6) An inventory and valuation or appraisal of all of the assets of the decedent. This information may be set forth in the petition or listed in a separate document attached to the petition.
(7) A listing of the debts of the decedent, both paid and unpaid; an estimate of costs and expenses of informal administration, including reasonable fees; and a statement of those specific moneys belonging to decedent’s estate which are proposed to be used to pay unsatisfied debts of the decedent and the expenses of informal administration. This information may be set forth in the petition or listed in a separate document attached to the petition.
(8) The nature and form of disposition requested, including a statement of whether the property will pass by will, the law of descent and distribution or valid settlement agreement. If the property is to pass by will or valid settlement agreement, the will or valid settlement agreement shall be attached.
(9) The reasons informal administration is appropriate.
(10) A request that the petitioner or other named person be designated to carry out the orders made by the court.
(11) The amount and type of bond or bonds to be given.
(12) A statement that if informal administration is denied, which alternative under Kan. Stat. Ann. § 59-3305, and amendments thereto, is requested, and if simplified or supervised administration is requested, the name and address of the person proposed to be appointed as executor or administrator.