Kansas Small Estate Affidavit Form

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A Kansas small estate affidavit allows heirs to claim a decedent’s property without court involvement when the estate is valued at $75,000 or less. The document must list all heirs, describe the decedent’s property with its fair market value, and explain how the estate is divided. All debts associated with the estate must be resolved before the affidavit can be effective.

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Kansas Small Estate Affidavit Form

Last updated January 13th, 2026

A Kansas small estate affidavit allows heirs to claim a decedent’s property without court involvement when the estate is valued at $75,000 or less. The document must list all heirs, describe the decedent’s property with its fair market value, and explain how the estate is divided. All debts associated with the estate must be resolved before the affidavit can be effective.

Laws

  • Maximum Estate Value: $75,000[1]
  • Mandatory Waiting Period: Not mentioned in state statutes.
  • Where to File: No filing required.

How to Use (3 Steps)

Step 1 – Small Estate Conditions

To qualify as a small estate in Kansas, the following must be true:

  • The value of the decedent’s property does not exceed $75,000
  • All debts, claims, and taxes due on the decedent’s account have been paid
  • The affiant is entitled to the estate by the decedent’s will or state succession laws
  • There is no pending or granted petition for the appointment of an executor or administrator of the decedent’s estate

Step 2 – Required Documents

An individual entitled to the decedent’s property must complete the Small Estates Affidavit and attach the decedent’s will (if applicable) and a copy of the death certificate. The Affidavit must then be sworn before a notary public, who will apply their official seal.

Note: To claim any vehicles that are included in the estate, the affiant must also complete the Claim of Heir and/or Beneficiary Affidavit.

Step 3 – Property Distribution

The notarized Affidavit can be used to claim and collect the decedent’s assets by presenting the document to the individual, bank, company, corporation, or Department of Vehicles office holding the property and/or records. Assets will need to be distributed to the decedent’s heirs in accordance with their will or state law.

Sources

  1. § 59-1507b(a)