Small estate affidavit in Kansas: who can use it and how
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.
Up to $75,000 (deaths on or after July 1, 2023), no waiting period, no court filing.
Checked against official sources: October 30, 2026.
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
What counts toward the limit in Kansas
Add up the value of all the person's assets that would go through probate in Kansas. Do not include property that passes outside probate, such as joint accounts with survivorship, payable-on-death or transfer-on-death property, or life insurance paid to a named beneficiary. Include insurance payable to the estate.
Law: K.S.A. 59-1507b; Kansas Judicial Council Small Estates Affidavit (Rev. 12/2023)
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: K.S.A. 59-1507b |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with survivorship and payable-on-death accounts pass outside probate and are left out. Law: K.S.A. 59-1507b ('subject to probate') |
Cars and other vehicles | Counts | A vehicle in the person's name alone counts unless the title has a transfer-on-death beneficiary. Vehicles are listed on the affidavit. Law: K.S.A. 59-1507b, 8-135(c)(10) |
Boats and mobile or manufactured homes | Counts | Boats and other titled property in the person's name alone count. Law: K.S.A. 59-1507b |
Real estate in Kansas | Counts | Kansas real estate in the person's name alone counts toward the $75,000, but the affidavit cannot transfer real estate. Law: K.S.A. 59-1507b |
Main home (primary residence) | Counts | The person's home counts like other real estate unless it passes by joint tenancy or a transfer-on-death deed. Law: K.S.A. 59-1507b, 59-3501 |
Real estate in another state | Not clear | Ask the district court clerk whether real estate in another state is included. Law: K.S.A. 59-1507b |
Unpaid wages owed to the person | Not clear | Ask the district court clerk how unpaid wages are treated. Law: K.S.A. 59-1507b |
Military pay owed to the person | Not clear | Ask the district court clerk how military pay owed to the person is treated. Law: K.S.A. 59-1507b |
Life insurance or retirement money paid to a named person | Left out | Insurance or retirement money paid to a named beneficiary passes outside probate and is left out. Law: K.S.A. 59-1507b ('subject to probate') |
Life insurance or retirement money paid to the estate | Counts | Insurance payable to the estate counts and is listed on the affidavit by policy number. |
Property in a living trust | Left out | Property held in a trust passes outside probate and is left out. Law: K.S.A. 59-1507b ('subject to probate') |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy with right of survivorship passes to the survivor and is left out. Law: K.S.A. 59-1507b ('subject to probate') |
Property going to a surviving spouse | Counts | Property in the person's name alone counts even if it goes to the spouse. Law: K.S.A. 59-1507b |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone count, unless they have a transfer-on-death beneficiary. Law: K.S.A. 59-1507b |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry, tools and other belongings count at their value. Law: K.S.A. 59-1507b |
Source: Official page
Questions about small estates in Kansas
How long must I wait to use the affidavit in Kansas?
Kansas law sets no waiting period for this affidavit.
What does the affidavit cost in Kansas?
There is no court filing fee because the affidavit is not filed with a court.
Am I responsible for debts if I use the affidavit in Kansas?
The affiant states that all unpaid debts, claims and estate taxes have been or will be paid.
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.