Disclaimer: This post is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
When you file a probate petition or motion in Kansas, the court typically sets a hearing date. If no date appears on the docket, you may need to request one. Follow these steps under Kansas law:
1. Review the Case Docket and Court Rules
Begin by checking the online docket via the Kansas Judicial Branch website or by contacting the probate clerk. Verify that a hearing has not already been scheduled. Also, review any applicable local or district court probate rules for scheduling protocols.
2. Prepare and File a Motion for Hearing
Draft a written Motion to Schedule a Probate Hearing. Your motion should include:
- Case caption and number.
- Title of the motion (e.g., “Motion to Schedule Hearing on Petition for Formal Administration”).
- A clear statement of the hearing you seek (purpose, e.g., admission of will, removal of personal representative, account approval).
- Proposed date and time, if the local rules allow.
- Signature block and date.
File the motion with the probate clerk’s office. Pay any required filing fee.
3. Serve Interested Parties
Under the Kansas Rules of Civil Procedure, you must serve a copy of the motion and any proposed order on all interested parties. See K.S.A. 60-206. Kansas courts typically require service at least 7 days before the hearing.
4. Submit a Proposed Order
Attach a proposed order to your motion. The proposed order should provide the court clerk with instructions to set a hearing date and notify all parties of the date, time, and location.
5. Clerk’s Scheduling and Notice
Per K.S.A. 60-206(b)(2), once you file a motion with a proposed order, the court clerk must schedule a hearing within 30 days unless the court orders otherwise. The clerk will then issue a notice of hearing, which must be served on all parties.
Helpful Hints
- Confirm service deadlines: Check local rules for notice periods, often 7 to 14 days before hearing.
- Use clear motion titles: Helps the clerk and opposing parties identify the hearing request.
- Keep a proof of service: File an affidavit or certificate confirming service on all parties.
- Verify local probate procedures: Districts may have unique filing portals or forms.
- Follow up with the clerk’s office: Call or email to confirm the hearing date and any missing documents.