Completing a Small Estate Affidavit in Kansas

The legal process after someone’s death can be challenging, especially with probate and other legal proceedings. In Kansas, a small estate affidavit may help heirs settle an estate without lengthy probate. This process can save time and reduce costs. If you’re in Kansas, here’s what to know about using a small estate affidavit.

If you want to create an estate plan, a financial advisor could work with you to manage and distribute assets.

How a Small Estate Affidavit Works in Kansas

The small estate affidavit in Kansas is an estate planning strategy that could help beneficiaries simplify the probate process for estates below a certain value. This is a common option for those looking to avoid lengthy legal proceedings.

If the total value of an estate is $75,000 or less, heirs and beneficiaries can use this legal tool to claim assets without going through the formal probate process. The small estate affidavit can be used for a variety of assets, such as bank accounts, personal property and other tangible items, but not for real estate.

The first step in using a small estate affidavit is determining eligibility. The estate’s total value must not exceed $75,000, excluding any real estate. Heirs must provide a death certificate and demonstrate their legal right to claim the assets, typically through a will or intestate succession laws if no will is present.

You should note that a small estate affidavit also has limitations. It is meant for small, uncomplicated estates, and if the estate includes real property or there are disputes among beneficiaries, formal probate may be required . Additionally, creditors may have the right to claim the estate’s assets before distribution to heirs, which can be an issue if the estate has significant debt.

How to Fill Out a Small Estate Affidavit in Kansas

To start, you will need the official small estate affidavit form for Kansas. This form is typically available from your county's probate court or online through the Kansas Judicial Branch website .

The form will ask for essential information, such as the deceased person's name, date of death and the estate's assets. You will also need to specify your relationship to the deceased. List the assets you intend to transfer, such as bank accounts, personal property and vehicles. Be sure to include specific details about the assets to make the transfer process smoother. Double-check the form for accuracy before signing, as any discrepancies can cause complications.

Kansas inheritance laws require signing the affidavit before a notary public for it to be legally valid. You then present the affidavit to the entities managing the deceased's assets, such as banks or the Department of Motor Vehicles. Once the affidavit is accepted, the assets will be released to you.

How Probate Works for Surviving Spouses in Kansas

Probate in Kansas is necessary for any estate with assets over $75,000, unless those assets are held jointly or have a designated beneficiary , like life insurance or retirement accounts. Assets such as jointly owned property often bypass probate, automatically transferring to the surviving spouse. However, if individual assets are in the deceased spouse's name only, those will likely go through probate, even if a will exists.

If the deceased spouse did not leave a will, Kansas intestate succession laws determine how assets are divided. In this case, the surviving spouse will inherit a portion of the estate but not necessarily all of it. If the deceased has children or living parents, the estate will be split, with half going to the spouse and the other half divided among the children. Without children, the spouse typically receives the entire estate.

Kansas Intestate Succession Law

The Kansas probate court oversees the proper distribution of assets, in addition to the payment of any outstanding debts and resolution of disputes. The court will appoint an executor , who is often named in the will. If no will exists, the court will appoint a personal representative to manage the estate.

Bottom Line

A small estate affidavit in Kansas allows heirs to bypass probate if the estate is worth less than $75,000. This process can save time and money when compared with traditional probate, but the estate must meet certain conditions, such as having no pending claims or debts. The affidavit must be notarized and submitted with the necessary documentation.

Estate Planning Tips

• A financial advisor can help you create a personalized estate plan for your goals and needs. Finding a financial advisor doesn't have to be hard. SmartAsset's free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you're ready to find an advisor who can help you achieve your financial goals, get started now .
• Kansas inheritance laws aim to make the process of distributing assets fair and equitable. SmartAsset's guide to Kansas inheritance laws could help you understand how it works in this state.

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