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KS Form 725, which may also referred to as Letters Testamentary Issued Under The Kansas Simplified Estates Act, is a probate form in Kansas. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Once you're appointed as executor of an estate, you can take the next steps to get a letter of testamentary. To do that, you'll need to file a request with a probate court and provide certain documents, including: A copy of the will if the deceased person had one. A copy of the death certificate.
The first step to probate is to file a petition. Filing must happen within 6 months after the date of death. Persons having knowledge and access to a will may offer it for probate at any time within the 6 months following the death.
However, most assets held in the sole name of the deceased person require probate before being transferred to the beneficiaries named in a will. If the funds in the estate are $40,000 or less, no probate is necessary and all that is required is an affidavit from the heir(s) and a copy of the death certificate.
It's not uncommon for a probate lawyer to cost up to five percent of an estate's value in Kansas.
The timeline for probate in Kansas can vary from a few months to more than a year. If the will is contested or other issues arise with the estate, probate can drag on for years. Since creditors have up to four months to file a claim with the estate, that is the minimal amount of time it can take.
The probate process in Kansas: step-by-step In Kansas, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
Once the will is determined to be valid, the next step is the probate process. Probate proceedings are usually only required if the deceased person owned any assets in their name only. Other assets, also known as non-probate property, can generally be transferred to the other owner without probate.