A Kansas small estate affidavit is a written statement that a successor gives to whoever holds the property of a person who died (the decedent). It shows that the successor is entitled to the decedent's personal property. The procedure applies when the total assets of the estate subject to probate do not exceed $75,000 in value.[1]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Kansas law. If you notice an error or outdated information, please contact us.
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The Kansas small estate rule is in Kan. Stat. Ann. § 59-1507b. The total assets of the decedent's estate subject to probate must not exceed $75,000 in value. Then the personal property owed to the estate goes to a person claiming to be a successor of the decedent. That person must first give the holder an affidavit showing entitlement.[1]
The limit: total assets of the estate subject to probate of no more than $75,000 in value.
The property: personal property of whatever nature that is transferable to the decedent's estate by any entity or person.
The person who receives it: a person claiming to be a successor of the decedent.
The paperwork: an affidavit showing entitlement, given by the successor to the entity or person holding the property.[1]
The statute puts the limit in these words:
If the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value, any personal property of whatever nature transferable to the decedent's estate by any entity or person shall be transferred to a person claiming to be a successor of the decedent...
The quoted rule is about personal property only. The affidavit is deemed sufficient if it is in substantial compliance with the form set forth by the Kansas Judicial Council.[1] In plain words, the affidavit has to follow that form closely. It does not have to match it word for word.
Under Kan. Stat. Ann. § 59-1507b(b), a transfer to the successor on the affidavit counts as a transfer to the decedent's personal representative. The successor's receipt releases the person who hands over the property to the same extent as a transfer to an executor or administrator.[1]
The affidavit is made by a successor. Kan. Stat. Ann. § 59-1507b(c) defines a successor as a person entitled to the property by will or by intestate succession, or a person nominated as personal representative under the decedent's will.[1]
Kansas Small Estate Affidavit Laws Details
This table sums up the same Kansas rules in short form.
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How to Fill Out the Kansas Small Estate Affidavit Form: Steps With Sample Entries
The PDF on this page is the current form from the Kansas Judicial Council, the Small Estates Affidavit for transferring certain personal property in estates under $75,000 under K.S.A. 59-1507b, marked Rev. 02/2024 KSJC. It runs four pages, three to fill in and a last page of Notes on Use. The eight steps below follow its order and name the paragraph and page each step covers.
The screenshots under each step show the Kansas Judicial Council form, the official Kansas small estates affidavit, filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Affiant's name (page 1). Write the full name of the affiant on the line before "(name of affiant)." The affiant is the person who makes the sworn statement and signs it. Step 1: sample entries, not a real document.
Paragraph (1), the death (page 1). Enter the date and the year of death, the decedent's name and the place of death. Check testate if the decedent left a will, or intestate if there was no will. This paragraph also states that the probate estate does not exceed $75,000 in value and that a certified copy of the death certificate is attached, so attach one before you hand the affidavit over. Step 2: sample entries, not a real document.
Paragraphs (2) to (4), statements and beneficiaries or heirs (page 1). Paragraphs (2) and (3) are printed with no blanks. They state that no petition to appoint an executor or administrator is pending or has been granted, and that all unpaid debts, claims and any estate and inheritance taxes due have been or will be paid. Read them before you sign. In paragraph (4), give the name, age, relationship to the decedent and address of each beneficiary under the will or each heir. The form has four rows. Step 3: sample entries, not a real document.
Paragraph (5), personal property (page 1). List each item of the decedent's personal property with its value in the same row. The form asks you to include insurance proceeds payable to the estate and to identify each policy by number. Its Notes on Use say all personal property in the probate estate should be listed here, vehicles included. Step 4: sample entries, not a real document.
Vehicles (page 2). For each vehicle, enter its value, VIN, year, make and style. Then write the odometer reading without tenths and check whether the reading is Actual, Exceeds Mechanical Limits or Not Actual. There is room for three vehicles. The Notes on Use say the VIN and odometer reading are only required when you submit the form to the Division of Vehicles of the Kansas Department of Revenue (KDOR) to transfer a vehicle title. The footer of every page says the form can be used in place of KDOR Form TR-83b, Claim of Heir. Step 5: sample entries, not a real document.
Paragraph (6), apportionment and signature (page 2). Paragraph (6) states that the affiant has the right to succeed to the decedent's personal property, is over 18 and is legally competent to make the affidavit and receive the property. If there is more than one beneficiary or heir, use one of the two boxes, which the form separates with OR. In the first box, ask that the property be apportioned among them and describe the shares. Use the second box instead if you agree to receive the property yourself, and describe how you will distribute or apportion it. Sign on the (Signature) line in front of the notary. Step 6: sample entries, not a real document.
Notary block (page 3). This page is for the notary. The notary fills in the county, the date the statement is subscribed and sworn to (or affirmed) and the name of the person making it, then signs, adds the official stamp and fills in the title of officer and the date the commission expires. Step 7: sample entries, not a real document.
Notes on Use (page 4). This page has no blanks. It explains that the affidavit is used to transfer certain personal property to the decedent's successor without letters of administration or letters testamentary when the estate subject to probate does not exceed $75,000. It also says the amount was raised from $40,000 to $75,000 effective July 1, 2023, so a copy of the form that still says $40,000 shows the old limit. Step 8: sample entries, not a real document.
Tip: Make a copy of the signed affidavit for your own records, as a PDF or on paper. You can fill in the downloaded PDF on screen with our online PDF editor before you print it.
Frequently Asked Questions
The Kansas small estate affidavit rule turns on the $75,000 limit in Kan. Stat. Ann. § 59-1507b. The short answers below cover the questions people ask most about this Kansas affidavit.
Limit: $75,000 in total assets subject to probate.
Form standard: substantial compliance with the form set forth by the Kansas Judicial Council.[1]
What is a small estate affidavit?
A small estate affidavit is a written statement that a successor gives to the entity or person holding the decedent's property. It shows that the successor is entitled to that property.[1]
What is a small estate affidavit form?
It is the form the affidavit is written on. The affidavit is deemed sufficient if it is in substantial compliance with the form set forth by the Kansas Judicial Council.[1]
Do I need probate if the estate is small?
Kansas law covers estates whose total assets subject to probate do not exceed $75,000 in value. The decedent's personal property goes to a person claiming to be a successor. The successor gives an affidavit showing entitlement.[1]
What is the amount for a small estate affidavit?
The amount is $75,000. It is the most that the total assets of the estate subject to probate can be worth for this procedure.[1]
What is the threshold for a small estate affidavit in Kansas?
Kansas sets the threshold at $75,000 in total assets subject to probate. The rule covers estates at or below that figure. This page does not cover what applies to larger estates.[1]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
