Updated July 05, 2022
A Kansas small estate affidavit , or ‘affidavit transferring certain personal property,’ is used when the assets in the estate of a person who has died total less than $40,000. The form offers a way for a small estate to be distributed without having to go through the probate process. A successor can present a signed and notarized affidavit to third parties in order to collect property owned by the decedent.
Laws
- Days after Death – No statute. As state law does not require a period of time to pass before an affidavit can be used, an individual may begin the process at their own discretion.
- Maximum – $40,000 . ( K.S.A. 59-1507b ) A small estate is defined as an estate not exceeding $40,000 in value.
- Motor Vehicles – Use Motor Vehicle (Form tr83b) to transfer a vehicle worth less than $40,000. You can find your Department of Revenue Division of Vehicles office using this locator.
- Signing – The form must be signed and sworn before a notary public . ( K.S.A. 53-601 )
- Statute – Chapter 59, Article 15 (Accounting and Distribution) stipulates that personal property belonging to the decedent’s estate can be transferred to a successor(s) upon presentation of a small estate affidavit.
How to File (4 steps)
- Step 1 – Gather Information
- Step 2 – Prepare Affidavit
- Step 3 – Sign and Date before a Notary
- Step 4 – Collect the Assets
Step 1 – Gather Information
Collect information about unpaid debts, claims, or demands against the decedent’s estate and all inheritance taxes due, if any, and make sure these are paid. Make an itemized list of the decedent’s properties and their values, including proceeds from insurance policies. Gather information also about the beneficiaries and percentages they are owed.
Step 2 – Prepare Affidavit
Download the form entitled Small Estate Affidavit – Transferring Certain Personal Property in Estates Under $40,000 Pursuant to K.S.A. 59-1507b , and fill it out using the information you have gathered.
Step 3 – Sign and Date before a Notary
Affirm the affidavit and sign it before a notary public.
Step 4 – Collect the Assets
Present the affidavit to third parties in possession of the decedent’s property.
Video
How to Write
Download: Adobe PDF
(1) County. This paperwork will require that the Affiant’s signature is notarized. In many cases, the County where it is signed will be reported at the top of the page by the Notary Public.
(2) Kansas Affiant. The Person who signs this document is the Affiant. You must, therefore, identify yourself as the Affiant issuing this form to seek the Kansas Decedent’s remaining property.
Article 1
(3) Death Certificate Date. The calendar date of the Kansas Decedent’s death should be dispensed to the first statement
(4) Kansas Decedent. The Kansas Deceased’s full name must be presented.
(5) Status Of Kansas Decedent Will. If the Kansas Decedent has developed and issued a will then select the box labeled “Testate” otherwise, select “Intestate” if he or she died without an issued will.
(6) Location Of Death . The date when the Kansas Decedent died should be reported.
Article 4
(7) Kansas Beneficiary Name. The name of every Heir or Beneficiary of the Kansas Decedent must be presented.
(8) Kansas Beneficiary Age. Document the age of the Kansas Decedent’s Beneficiary.
(9) Relationship Held With Kansas Decedent. Each Beneficiary of the Kansas Decedent must have his or her relationship with the Deceased defined.
(10) Kansas Beneficiary Address. The address where the Kansas Decedent’s Beneficiary can be reached should be produced. This should be a physical address to his or her home in case any paperwork must be served to process.
Article 5
(11) Kansas Decedent Property. Define the personal property of the Kansas Deceased’s estate item by item. It should be noted this form may not be used to gain ownership of any automobiles owned by the Kansas Decedent at the time of his or her death. To gain ownership of an automobile, the Kansas Department Of Revenue Of Vehicles should be consulted to gain the proper form.
(12) Value Of Kansas Decedent Property. The value of the Kansas Decedent’s personal property should be assessed then reported when naming the items making up this personal property. If the total sum of the Kansas Decedent’s personal property exceeds $40,000.00 then the estate will likely require the probate process. In such a case, it is strongly suggested that the Affiant consult on the matter with a Kansas Probate Attorney or similarly qualified professional.
Article 6
(13) Receiving Property. Document each Heir owed personal property from the Kansas Decedent’s estate, what that property is, and the value of the expected property.
(14) Kansas Affiant Signature. Sign your name once you have verified that the contents of this document are accurate and match your intent. Once ready, sign your name before a Notary Public.
(15) Kansas Notary Public. The Notary Public obtained for the signing process will complete the notarization process of your signature and provide proof where required.
