A Kansas small estate affidavit allows the heirs of an estate that is valued at $40,000 or less to claim the decedent’s property without distribution passing through court. The completed document will need to list the heirs, the decedent’s property, each property item’s fair market value, and the division of the estate between the heirs. All debts associated with the estate must be resolved before the affidavit can be effective. To claim any of the decedent’s vehicles, the Claim of Heir and/or Beneficiary Affidavit must also be completed.
The probate of a deceased person’s estate can be a prolonged and costly process. Therefore, if an estate is eligible for the small estate affidavit, it will save the successors a significant amount of time and money.
How to Record (3 Steps)
To qualify as a small estate, the following must be true:
- The value of the decedent’s property does not exceed $40,000.
- 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.
The affiant will need to complete the Small Estates Affidavit and attach a copy of the decedent’s death certificate and (if applicable) will. Once completed, the affidavit will need to be sworn before a notary public who will apply their notary seal.
Note: To claim any vehicles that are included in the estate, the affiant must also complete Claim of Heir and/or Beneficiary Affidavit.
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.