Kansas Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   In Kansas a small estate affidavit is a sworn statement under K.S.A. 59-1507b that a successor furnishes directly to a bank or other holder to collect the decedent's personal property, with no letters required when the probate estate is $75,000 or less.

2. 2

   The affidavit is available only when the total assets of the decedent's estate subject to probate do not exceed $75,000 in value (K.S.A. 59-1507b).

3. 3

   Kansas sets no waiting period after death; the affidavit may be furnished as soon as the estate qualifies, unlike states that require 30 or 40 days to pass first.

4. 4

   The $75,000 limit counts the total assets of the estate subject to probate, so property that passes outside probate, such as joint tenancy assets and accounts with a named beneficiary, is not part of the measure.

5. 5

   The affidavit reaches any personal property of whatever nature; it does not transfer Kansas real property, which passes through a separate court proceeding.

6. 6

   Only a successor may sign: a person entitled to the property by will or by intestate succession, or a person nominated as personal representative under the decedent's will (K.S.A. 59-1507b(c)).

7. 7

   The successor furnishes the affidavit directly to the bank or other holder rather than filing it with a court, and the holder's transfer is a full discharge and release to the same extent as a transfer to an executor or administrator (K.S.A. 59-1507b(b)).

Kansas Requirements for Small Estate Affidavit

• No Statutory Waiting Period

  Kansas sets no waiting period after death before a small estate affidavit may be used. K.S.A. 59-1507b states no minimum number of days that must pass, so a qualifying successor may furnish the affidavit as soon as the estate qualifies, unlike states that require 30 or 40 days to elapse first.

• $75,000 Qualifying Value Limit

  The affidavit is available only when the total assets of the decedent's estate subject to probate do not exceed $75,000 in value (K.S.A. 59-1507b). Because only assets subject to probate count, property that passes outside probate, such as joint tenancy assets and accounts with a named beneficiary, is not part of the measure.

• Personal Property Only

  The K.S.A. 59-1507b affidavit reaches any personal property of whatever nature, such as bank accounts, wages, and securities. It does not transfer Kansas real property, which passes through a separate court proceeding. A Kansas estate that includes a house or land is handled differently from one holding only personal property.

• Who May Be the Affiant

  Only a successor of the decedent may sign. Under K.S.A. 59-1507b(c) a successor is a person entitled to the property by will or by intestate succession, or a person nominated as personal representative under the decedent's will. The affiant furnishes an affidavit showing entitlement and that no person has a superior right to the property.

• No Letters of Administration Required

  The transfer is made without letters of administration or letters testamentary having been granted (K.S.A. 59-1507b). No court appointment of a personal representative is needed, which is what lets a qualifying successor collect the property directly on the strength of the affidavit.

• Furnished to the Asset Holder, Not Filed

  A Kansas small estate affidavit is furnished directly to the entity or person holding the property, such as a bank or transfer agent, rather than filed with a court (K.S.A. 59-1507b). The property is then transferred to the successor or as the successor directs.

• Full Discharge and Release of the Holder

  Transfer of the property to the successor is deemed a transfer to the personal representative of the decedent, and the successor's receipt is a full discharge and release of the holder, to the same extent as if the transfer had been made to an executor or administrator (K.S.A. 59-1507b(b)).

• Affidavit Follows the Judicial Council Form

  The affidavit is sufficient if it substantially complies with the form set forth by the Kansas Judicial Council (K.S.A. 59-1507b). The affidavit is sworn and shows the affiant's entitlement to the property; the holder commonly asks for the original notarized affidavit, so confirm what a given holder requires before presenting it.