Kansas Small Estates Affidavit Checklist: How to File, Step by Step
The Kansas Judicial Council publishes this affidavit as a free, fill-in form, and K.S.A. 59-1507b(b) makes an affidavit sufficient if it is in substantial compliance with that form. This guide explains what each part of the form asks and how it is used; it does not reproduce or reword it. Either way, K.S.A. 59-1507b is what lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.
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The Kansas Judicial Council publishes this affidavit as a free, fill-in form, and K.S.A. 59-1507b(b) makes an affidavit sufficient if it is in substantial compliance with that form. This guide explains what each part of the form asks and how it is used; it does not reproduce or reword it. Either way, K.S.A. 59-1507b is what sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.
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Check the two threshold facts
The decedent must have been a Kansas resident, and the total assets of the estate that are subject to probate must be $75,000 or less. Property that passes outside probate — joint accounts with survivorship, accounts with a named beneficiary — is not subject to probate. The statute does not say whether land that would pass through the estate counts toward the $75,000, so a cautious total includes it.
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Confirm the property is personal property
The affidavit reaches bank accounts, amounts owed to the decedent, securities, vehicles and similar personal property. It does not transfer land. If real estate is part of the estate, see the Determination of Descent guide, or ask a Kansas attorney about administration.
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Confirm nothing has been opened
The form has the affiant swear that no petition for appointment of an executor or administrator is pending or has been granted. Check with the district court in the county where the decedent lived if you are not sure.
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Decide who signs
A "successor" signs: someone entitled to the property under the will or by intestate succession, or the person the will nominates as personal representative (K.S.A. 59-1507b(c)). Without a will, Kansas's intestate succession statutes (K.S.A. 59-501 to 59-514) decide who the heirs are, and the form asks you to list them with their ages, relationships and addresses.
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Order certified death certificates
The form says a certified copy of the death certificate is attached to the affidavit. Each holder you present it to will need its own set, so count your holders and order enough.
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Get the current Judicial Council form
Download the Small Estates Affidavit from the Kansas Judicial Council's legal-forms page. Check that the title says "under $75,000" — older $40,000 versions are still online — and check the revision date in the footer. View source →
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List the property and its value
Paragraph 5 asks for every item of the decedent's personal property and its value, including insurance proceeds payable to the estate, identified by policy number. If a vehicle is included, fill in the vehicle block — VIN, year, make, style and the odometer certification.
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Sign before a notary
The affidavit is sworn or affirmed before a notary, who completes the jurat. Nothing is filed with a court.
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Present it to each holder
Take the notarized affidavit and a certified death certificate to each bank, employer, transfer agent or other holder. For a vehicle, the form can be used in place of the Department of Revenue's Form TR-83b at the Division of Vehicles.
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Handle the debts and distribute
The affidavit swears that unpaid debts, claims and any estate or inheritance taxes have been or will be paid. If more than one person is entitled, the form lets the affiant either request that the property be apportioned in the way the affidavit states, or agree to receive it and distribute it.
The step families get stuck on is presenting the completed filing to a bank, DMV, or title company .
Who publishes the form, and what the statute requires
The Kansas Judicial Council publishes this affidavit as a free, fill-in form, and K.S.A. 59-1507b(b) makes an affidavit sufficient if it is in substantial compliance with that form. This guide explains what each part of the form asks and how it is used; it does not reproduce or reword it. Whichever version you use, the requirements above — read directly against K.S.A. 59-1507b — are what a compliant filing has to satisfy.
The step that isn't really paperwork
Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.