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Small Estate Affidavit Limits in Kansas

In Kansas, personal property can be transferred to a successor by affidavit if the total probate assets are worth $75,000 or less; the affidavit does not transfer real estate.

Last checked . General information, not legal advice.

Kansas at a glance

Maximum estate value
$75,000
Total assets of the estate subject to probate.
Waiting period after death
None in statute
Real estate can pass
No
The affidavit covers personal property.

Sources

Last checked

The rules in Kansas

What is the maximum estate value for a small estate affidavit in Kansas?

Maximum estate value in Kansas: $75,000. Total assets of the estate subject to probate.

How long after the death must you wait to use a small estate affidavit in Kansas?

Waiting period after death in Kansas: None in statute.

Can real estate pass by small estate affidavit in Kansas?

No. Real estate can pass in Kansas: no. The affidavit covers personal property.

Where do the Kansas small estate affidavit limits come from?

The rules above come from Kan. Stat. 59-1507b. Each source is linked on this page. We last checked them in October 2026.

Good to know

The section was last amended in 2024 (L. 2024, ch. 35).

The section applies when a resident of Kansas dies, with or without a will.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.