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Small estate affidavit in Kansas (2026)

In Kansas, heirs can collect up to $75,000 without probate with a sworn affidavit (Small estates affidavit (K.S.A. 59-1507b)). There is no waiting period. Real estate: not covered. Last checked .

Kansas at a glance

Affidavit cap
$75,000
Applies to
from 2023-07-01 (2023 HB 2130, L. 2023 ch. 77 s.7; statute states no date-of-death rule)
Value counted
Gross value (debts not subtracted)
Waiting period
None
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Refusal to grant letters of administration (K.S.A. 59-2287) (up to $75,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Kansas cap for this date of death

    $75,000

    A worked example for Kansas

    Say a parent who lived in Kansas died on March 1, 2026, leaving $60,000 in a bank account in their name only and no house. $60,000 is within the $75,000 cap for that date of death, so the family can use the affidavit right away.

    The rules in Kansas

    • The affidavit. For a Kansas resident, a successor gives the affidavit (Judicial Council form) to any entity or person holding personal property transferable to the estate, which must transfer it without letters. Not filed with a court.
    • Cap. The probate estate must not exceed $75,000 in value.
    • What counts. Total assets of the decedent's estate subject to probate (real estate in the probate estate counts toward the value, though only personal property passes by affidavit).
    • What doesn't count. Non-probate assets (joint tenancy, POD/TOD, beneficiary designations, trusts) are not subject to probate.
    • Earlier caps. $40,000: before 2023-07-01 (set in 2008; statute states no date-of-death rule)
    • Waiting period. No waiting period in the statute.
    • Conditions. Decedent must have been a Kansas resident. The Judicial Council form states no executor/administrator petition is pending or granted, and that all debts and any taxes have been or will be paid.
    • Who can sign. A 'successor': a person entitled by will or intestacy, or a person nominated as personal representative in the will.
    • Court filing. No court filing; transfer to the successor counts as transfer to a personal representative and discharges the holder.

    Houses, land and vehicles

    • Real estate. The affidavit covers personal property only. Land passes by probate, a court refusal of letters (estates up to $75,000), or a determination of descent petition once the decedent has been dead more than 6 months.
    • Vehicles. Kansas Department of Revenue accepts the same Judicial Council small estates affidavit (TR-83b, estates under $75,000) to transfer a decedent's vehicle.

    When the affidavit isn't enough

    Court petition where real and personal estate is $75,000 or less (and spouse/child allowances do not apply or are waived), with a bond equal to the estate's value; the court orders no letters and the petitioner pays debts and distributes. Also available when the estate does not exceed exempt property and allowances. Other options: Kansas simplified estates act (59-3201 ff.) and determination of descent after 6 months (59-2250).

    Good to know in Kansas

    • The $75,000 cap took effect July 1, 2023 (2023 HB 2130, L. 2023 ch. 77 s.7, which raised it from $40,000). 2024 SB 379 (L. 2024 ch. 35) kept $75,000 and only reworded who may claim (a person claiming to be a successor, or as the successor directs).
    • Only for decedents who were Kansas residents.
    • No official court self-help page for the affidavit was found; the formsUrl is the Kansas Judicial Council form as published by the Department of Revenue.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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