Required Documents for a Kansas Small Estate Affidavit

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Detailed Answer

In Kansas, you can use a small estate affidavit to claim personal property without full probate when the decedent’s estate (net of liens) does not exceed $40,000. See K.S.A. 59-1501 and K.S.A. 59-1504. To complete this affidavit, gather the following key documents:

1. Small Estate Affidavit Form: Use the Kansas Judicial Council form RA-190 (Non-Citation Estate Affidavit for Personal Property) or a court-approved equivalent. This form outlines required statements and signatures under penalty of perjury.
2. Certified Death Certificate: A certified copy of the decedent’s death certificate issued by the county or state vital records office.
3. Proof of Heirship or Relationship: Documents such as birth certificates, marriage certificates, or an affidavit of next-of-kin establishing your relationship to the decedent.
4. List of Assets and Values: A detailed inventory of personal property (bank accounts, investments, vehicles, household goods) with estimated fair market values as of the date of death. Attach account statements, title certificates, or appraisals where available.
5. Affidavit of Small Estate Qualification: A signed statement confirming that the total value of personal property (after liens) does not exceed $40,000 and that no formal probate is pending or required.
6. Creditor Notification (if required): If any creditor claims exist, you may need a statement that either all claims are satisfied or notice has been given in accordance with K.S.A. 59-1505.
7. Affiant’s Identification: A government-issued photo ID for each affiant signing the small estate affidavit.
8. Court Filing Fee: Payment of the fee required by the district court clerk’s office. Fee amounts vary by county.

Once you assemble these documents, file the affidavit package with the district court in the county where the decedent resided. Upon approval, the court clerk issues letters of possession, allowing you to collect and distribute the assets as outlined in the affidavit.

Helpful Hints

• Start with a certified death certificate—without it, the clerk will not accept the affidavit.
• Obtain asset valuations close to the date of death to ensure accuracy and compliance with the $40,000 limit.
• Use the Kansas Judicial Council’s form RA-190 to avoid rejected filings.
• Contact the district court clerk in advance to confirm current filing fees and any local requirements.
• Keep copies of everything you file; retaining a complete set helps if questions arise later.
• Consider consulting an attorney if complex assets (e.g., retirement accounts, real estate liens) are involved.