Kansas Small Estate Affidavit Form

• Maximum Amount: $75,000, the total value of the estate subject to probate. The affidavit covers personal property only, not real estate.^[1]
• Signing Requirements: Sworn before a notary public, using the Kansas Judicial Council small estates affidavit form.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: No waiting period.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: If the decedent left no children or other descendants, the surviving spouse receives the entire estate. If the decedent left children or descendants, the spouse receives one-half, and they share the other half.^[6]
• No Spouse, Children: The children take their half by representation, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the children take the entire estate.^[7]

Step 1 – Confirm the Estate Qualifies

The value of the estate subject to probate must be $75,000 or less, the assets must be personal property, and no petition for an executor or administrator may be pending or granted.^[8]

Step 2 – Identify the Successor

Determine who is entitled to the property under the will or by the rightful heirs.^[9][10]

Step 3 – Obtain the Death Certificate

Obtain a certified copy of the death certificate to attach to the affidavit.^[11]

Step 4 – Complete and Notarize the Affidavit

Complete the Kansas Judicial Council Small Estates Affidavit, stating the death, that no executor or administrator petition is pending or granted, and that debts and taxes are or will be paid, then sign it before a notary public.^[12]

Step 5 – Present the Affidavit to the Asset Holder

Present the notarized affidavit and certified death certificate to the bank, employer, or other holder of the property to obtain payment or transfer.^[13]