What to gather for a small estate in Kansas
Pick a procedure and check off what you already have. Download or print the list to take with you.
Small estates affidavit: transferring personal property in estates under $75,000 (K.S.A. 59-1507b)
A sworn statement you give to a bank, company or other holder, so they transfer the person's personal property to you without a probate case. It is not filed with a court.
- Limit
Up to $75,000 (deaths on or after July 1, 2023)
Date of death Limit On or after July 1, 2023$75,000On or before June 30, 2023$40,000The total assets of the estate subject to probate cannot be more than $75,000. The limit was raised from $40,000 to $75,000 effective July 1, 2023.
- What counts
The total value of the assets of the person's estate that are subject to probate. Property that passes outside probate is not part of it; insurance payable to the estate is. The statute does not say to subtract debts or liens.
- Waiting period
Kansas law sets no waiting period for this affidavit.
- Who can use it
A successor: a person entitled to the property under the will or by intestate succession, or the person nominated as personal representative in the will. The affiant must be over 18 and legally competent. The person must have been a Kansas resident.
- Court or where to file
Given to the bank, company or other holder of the property.
- Notary
Sworn before a notary or other notarial officer.
- Papers to attach
- Certified copy of the death certificate
- Names, ages, relationships and addresses of the will beneficiaries or heirs
- List of the probate estate's personal property and values, including insurance payable to the estate
- Vehicle VIN and odometer reading, if a vehicle is being transferred
- Steps
- Add up the value of everything that would go through probate.
- Check that no probate case (petition to appoint an executor or administrator) has been filed or granted; the affidavit says so.
- Fill in the Judicial Council small estates affidavit.
- Sign it before a notary.
- Give it, with a certified death certificate, to each holder of the property.
- Pay the debts, then divide the property as the affidavit states.
- Fee
There is no court filing fee because the affidavit is not filed with a court.
- Debts and responsibility
The affiant states that all unpaid debts, claims and estate taxes have been or will be paid.
- What the bank or holder must do
The holder must transfer the personal property to the successor. The transfer counts as a transfer to the personal representative, and the successor's receipt fully discharges and releases the holder, as if it had paid an executor or administrator. An affidavit in substantial compliance with the Judicial Council form is sufficient.
Law: K.S.A. 59-1507b
Source: Official page
Death certificates in Kansas
Include a copy of a photo ID and a handwritten signature with the request. The CDC Where to Write page lists $20 per copy; the fee line is (785) 296-1400.
- Where to get it
- Kansas Department of Health and Environment, Office of Vital Statistics
- Official page
- Official page
Car or vehicle title after a death in Kansas
If the title names a transfer-on-death beneficiary, the beneficiary uses the Transfer on Death Affidavit (TR-82) with the death certificate and proof of the last Kansas title, at the county treasurer's motor vehicle office. Without a TOD beneficiary, legal heirs can use the Decedent's Affidavit (TR-83a, for one vehicle, with the spouse claiming it as exempt property) or the small estates affidavit / Claim of Heir (TR-83b, estates under $75,000, with VIN and odometer reading), plus the lienholder consent form TR-128 if needed. A title fee and any other fees or taxes apply.
Law: K.S.A. 8-135(c)(10), 59-1507b, 59-403(a)
- Agency
- Kansas Department of Revenue, Division of Vehicles (applications at the county treasurer's motor vehicle office)
- Fee
A title fee applies, along with any other fees or taxes. The KDOR FAQ gives $10 as the Kansas title fee.
- Transfer-on-death title
Vehicles may be titled in transfer-on-death form. After the death, the beneficiary files form TR-82 with a copy of the death certificate at the county treasurer's motor vehicle office.
Source: Official page
Surviving spouse in Kansas
The surviving spouse, for the spouse and minor children, is allowed the clothing, family library, pictures, furniture and household goods, one car, and a year's provisions, plus a reasonable allowance of up to $75,000 in money or property set by the court. This property is not used to pay the person's debts, except liens. If the estate is no bigger than these allowances, the spouse or minor children can ask the court to refuse letters. With form TR-83a, the spouse can claim one vehicle as exempt property at the county treasurer.
Related pages
Free help in Kansas
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.