Kansas Small Estate Affidavit | Affidavit of Heirship

In Kansas, if a person dies and their estate values $40,000 or less, their successors may file either an affidavit of heirship (personal property) or a small estate affidavit (real estate) to claim the decedent’s belongings. As long as the decedent did not have a last will and testament or other legal documents that can divide up property among heirs, and the estate is not considered “complicated,” then family or other loved ones may avoid probate court by filing these affidavits.

Affidavit of Heirship: If a person living in Kansas passes away without a last will and testament, or they own property in the state without residing there, their heirs may file an affidavit of heirship to claim personal property valued at $40,000 or less.

Small Estate Affidavit: A small estate affidavit in Kansas involves real estate valued at or less than $20,000. Successors may file a small estate affidavit and avoid the pain and expense of probate court.



If a person living in Kansas passes away, or they own property in the state, their heirs may file an affidavit of heirship to claim their loved one’s personal property as long as the estate values less than $40,000. These assets are most often bank accounts, but can include other…

A small estate affidavit in Kansas involves real estate – land or a home – that values at less than $20,000. Under Kan. Stat. Ann. § 59-1507b, the decedent’s successors may file a small estate affidavit to claim this property in order to distribute it outside of probate court, including…

Small estates in Kansas are defined as property and/or bank accounts or other financial assets valued at $25,000 or less. Several small items such as motor vehicles do not necessarily fall under a decedent’s will, although successors may file a small estate affidavit (vehicle only) with the Kansas Department of…