Small Estates in Kansas: A Simplified Approach with an Affidavit

Losing a loved one is an emotional and challenging time for families. When handling their estate, the last thing anyone wants is the headache of complex legal processes.

Thankfully, for many Kansans, there is a simplified way to manage small estates without going through probate: the small estate affidavit. The Law Office of Andrew Rowe, P.A. understands Kansas families’ unique needs, making this process as smooth and stress-free as possible.

Andrew, a Wichita native, has spent years helping his community plan for the future. With strong ties to the local area—having graduated from Wichita State University and the Ave Maria School of Law—Andrew has a reputation for compassionate, effective estate planning solutions.

Small Estates in Kansas Explained

In Kansas, a small estate is defined as one with a total value of $75,000 or less, excluding real estate. This simplified approach offers several benefits:

  • Avoiding probate court: By using a small estate affidavit, families can bypass probate, a process that can be time-consuming and costly.
  • Saving time and money: Without probate, families can settle estates faster and avoid hefty legal fees.
  • Reducing stress: When you’re grieving, dealing with court proceedings can add unnecessary stress. The affidavit process makes things easier for everyone involved.

It’s important to note that the $75,000 limit applies to the net value of the estate after any debts or liabilities have been paid. This means that even if your loved one had more assets, their debts could bring the estate’s value under the threshold, making the affidavit an option.

When a Small Estate Affidavit is Appropriate

The small estate affidavit can be a great tool, but it’s not suitable for every situation. To use this option in Kansas, several conditions must be met:

  • The total value of the estate (excluding real estate) must be $75,000 or less.
  • There must be no disputes among the heirs.
  • The decedent must have been a Kansas resident.
  • The assets must be primarily personal property (like bank accounts, personal items, etc.), as real estate isn’t included in the affidavit process.

Some assets, such as payable-on-death accounts or life insurance benefits, might not count toward the $75,000 limit. So, even if the estate appears larger, it’s worth double-checking what actually applies under Kansas law.

How the Small Estate Affidavit Process Works

The affidavit process is relatively straightforward and can usually be handled without a lawyer. However, if you’re unsure about anything, getting legal advice can help avoid mistakes. Here’s a basic step-by-step guide to how it works:

Obtain the necessary forms

You can find the small estate affidavit forms on the Kansas Judicial Council website.

Gather documentation

Before filling out the affidavit, make sure you have all the required paperwork, like the decedent’s death certificate, and a list of their assets and debts.

Complete the affidavit

Fill out the affidavit accurately, ensuring that all details are correct and that the estate qualifies under Kansas law.

Wait for the required period

Kansas law requires you to wait at least 30 days after the decedent’s passing before filing the affidavit.

Submit the affidavit

Once the affidavit is ready, submit it to the relevant institutions, like banks or insurance companies, to access the assets.

Accuracy is key in this process. Any mistakes could result in delays or even rejection of the affidavit, which is why seeking legal advice can sometimes be a good idea. While this process is simplified, you still want to make sure it’s done right.

Common Questions About Small Estate Affidavits in Kansas

If you’re considering using a small estate affidavit, you may have questions. Below are some common ones that often come up in Andrew’s practice:

Can I use an affidavit if there’s a will?

Yes, even if there’s a will, a small estate affidavit can still be used as long as the estate qualifies under Kansas law.

What if the estate’s debts are greater than its assets?

If the estate’s debts exceed its assets, the small estate affidavit may not be appropriate. In such cases, creditors may have claims that complicate the process.

How long does the process take?

Generally, the process can be completed in as little as a few weeks, depending on how quickly you can gather documentation and submit the affidavit.

What if the deceased owned real estate in another state?

Real estate located outside Kansas may require separate legal proceedings in that state. You’ll need to consult with a lawyer to determine how to handle out-of-state property.

Need Assistance? Contact a Wichita Estate Planning Attorney

If you’re handling a small estate in Kansas, the Law Office of Andrew Rowe, P.A. is here to help. We’ve guided many families through the affidavit process, ensuring proper handling and efficiency. We’re also available to assist with more complex estate administration matters.

Give us a call today at (316) 202-0131 or visit our website to schedule a free consultation. Let’s take this burden off your shoulders so you can focus on what matters most—your family.