PROBATE RULE - NO. 1 Next Next

Probate Administration
A   Scheduling of Cases
  1.   It shall be the duty of the filing attorney (or pro se petitioner) to obtain, at the time of the filing of the petition, a hearing date for the hearing of the petition filed, and to provide an “Order of Hearing” presented to the Court for execution and filing, unless all appropriate documentation, including the entries of appearance, consents and waivers, are filed with the petition.
    a.   Commencement of any action requires both the filing of the petition and the obtaining of an “Order for Hearing” (or equivalent). Just filing the petition will not result in the matter being scheduled for hearing and may result in substantial prejudice to the petitioning party.
  2.   Cases shall be scheduled for hearing by contacting the Court’s Administrative Assistant (“AA”) to obtain the calendar setting. (In the AA’s absence, matters requiring emergency attention may be scheduled by the supervising clerk of the probate section in the Clerk of the District Court’s office.) The Order for Hearing shall be presented to the Judge’s office for signing.
  3.   Any order that is for the purpose of scheduling only may be executed by the Court’s AA and shall have the same effect as though signed by the Judge in person.
  4.   It shall be the duty of the filing party/attorney to know the law with respect to the notice requirements and time limitations imposed by statute as it applies to the case being filed. It shall not be the duty of the AA to give advice either on substantive or procedural aspects of the law.
B.   Inventory and Valuation
      An inventory and valuation shall be filed within 30 days of issuance of letters testamentary or letters of administration. The inventory shall be filed within the required time even if all asset information may not be available, unless an extension of time is sought and good cause is shown. An inventory shall be supplemented when new asset information is discovered within 30 days of such discovery pursuant to K.S.A. 59-1203. A copy of the amended inventory shall be served on all interested parties.
C.   Extension of Time for Final Settlement
      The petition for extension of time shall provide good cause justifying the request for extension of time for final settlement. The petition shall also provide an accounting based on information gathered to date. Notice of the request for extension of time for final settlement shall be given to all interested parties, except where written consent or waiver has been executed and filed.
D.   Bond; Surety Required
      When bond is required by Kansas statute in probate administration cases, a bond with sufficient sureties is required. “Personal bonds” shall not be accepted, except when they are in compliance with Supreme Court Rule 114(b or d) and supported by sufficient non-exempt property.
E.   Duty to Account
      KSA 59-1502 does not include a waiver provision regarding the duty to account. Accordingly, the duty to account cannot be waived and must be completed prior to settling the estate.
F.   Filing of Originals with Clerk of the Court
      Original will, original codicil(s) and the original list to dispose of tangible personal property (K.S.A. 59-623) must be filed with the Clerk of the Court, Probate Department, within two (2) business day after the e-filing of the same document. Just e-filing one or more of these documents without filing the original with the Clerk of the Court will not properly preserve the original document and may result in substantial prejudice to the petitioning party.
      NOTE: The filing of an original document pursuant to this Local Rule does not preserve an original document that is filed outside the time restrictions set forth in Chapter 59 of the Kansas Statutes.