Kansas Small Estate Affidavit: $75,000 Limit, Form and Rules

Kansas lets a successor collect a deceased resident's personal property without opening probate by using a small estates affidavit under K.S.A. 59-1507b, when "the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value." The statute sets no minimum waiting period after the death.

The successor gives the sworn affidavit to the bank, company or person holding the property; the statute describes no court filing. The affidavit does not reach land or a house. For how other states compare, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Kansas small estates affidavit under K.S.A. 59-1507b, the benefits affidavit under K.S.A. 59-1507a, refusal of letters under K.S.A. 59-2287, proceedings to determine descent under K.S.A. 59-2250, the spousal allowance under K.S.A. 59-403, payment of a deceased employee's wages under K.S.A. 44-318, and the Kansas Department of Revenue vehicle affidavits. It does not cover full probate administration, who inherits under Kansas intestacy rules, estate or inheritance tax, or the law of any other state.

Kansas small estate options at a glance

Kansas has more than one shortcut, and they are easy to confuse. Each has its own limit and its own process.

When you can use the Kansas small estates affidavit

Section 59-1507b applies "When a resident of the state dies, whether testate or intestate," and "the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value." The person who died must have been a Kansas resident.

The limit counts only assets subject to probate. The statute does not say whether the value is measured before or after liens, and it does not list which assets fall outside probate. The Judicial Council form asks you to list the estate's personal property and to include the proceeds from insurance policies payable to the estate.

The $75,000 figure is fixed, not indexed. The Kansas Department of Revenue's copy of the form notes that "The amount was raised from $40,000 to $75,000 effective July 1, 2023." Some older guides still quote $40,000.

The affidavit must also state that no petition for the appointment of an executor or administrator is pending or has been granted. If a probate case is already open, the affidavit is not available.

Is there a waiting period?

Section 59-1507b does not set any minimum number of days after the death before the affidavit can be used.

Do not confuse it with K.S.A. 59-1507a, the benefits affidavit described below, which can be used only "not less than 180 days after the death."

Who can sign

Only a successor can use the affidavit. Since a 2024 amendment, the statute defines "successor" as a person "(1) Entitled to the property by will or by intestate succession; or (2) nominated as a personal representative under the decedent's will."

The Judicial Council form also requires the person signing to be at least 18 years old and legally competent. The definition does not include creditors or someone who paid the funeral bill; for them, the court procedure under K.S.A. 59-2287 is the route discussed below.

How to use the affidavit, step by step

1. Get the official form

The Kansas Judicial Council lists the "Small Estates Affidavit - K.S.A. 59-1507b" on its Legal Forms page. The form, titled Small Estates Affidavit, Transferring Certain Personal Property in Estates Under $75,000 (Rev. 12/2023 KSJC), is also hosted by the Kansas Department of Revenue as tr83b.pdf. According to the form, it can be used in place of KDOR Form TR-83b, Claim of Heir.

2. Complete what the affidavit asks

The form asks you to swear, among other things, that:

• no petition for the appointment of an executor or administrator of the decedent's estate is pending or has been granted;
• all unpaid debts, claims or demands against the decedent or the estate, and all estate and inheritance taxes due on the transfers, have been or will be paid;
• you have attached a certified copy of the death certificate.

It also asks for the names, ages, relationships and addresses of the will beneficiaries or heirs.

3. Sign before a notary

The form is "SUBSCRIBED AND SWORN to (or affirmed) before me," so it is signed in front of a notary public.

4. Give it to whoever holds the property

Under section 59-1507b, personal property "shall be transferred to a person claiming to be a successor" when the successor furnishes the holder with an affidavit showing entitlement. The statute does not describe filing the affidavit with a court. Give a signed original to each bank, company or person holding property.

The transfer "shall be deemed to be a transfer to the personal representative of the decedent," and the successor's receipt is a full discharge and release for the holder.

What the affidavit covers and what it does not

The affidavit reaches "any personal property of whatever nature transferable to the decedent's estate by any entity or person." That includes bank accounts and vehicles; the form's notes address vehicle title transfers specifically, and the form asks you to list insurance proceeds payable to the estate.

Real estate is not covered. The statute is limited to personal property. If the decedent recorded a transfer-on-death deed under K.S.A. 59-3501, the house may pass to the named beneficiary that way. Otherwise real estate goes through the district court: a refusal of letters under K.S.A. 59-2287 (below), a proceeding to determine descent under K.S.A. 59-2250, or full probate. A determination of descent is available once the person has been dead more than six months, if no will was filed within six months and no petition for probate of a will or for administration has been filed. For finding the recorded deed, see our guide to Kansas property records.

Vehicles

The Kansas Department of Revenue's Division of Vehicles forms page lists three affidavits for a deceased owner's vehicle:

• TR-83b, Claim of Heir and/or Beneficiary Affidavit. The Judicial Council small estates affidavit can be used in place of it. The VIN and odometer reading are needed only when the affidavit is submitted to the Division of Vehicles.
• TR-83a, Decedent's Affidavit. The DOR says "This affidavit can be used when there is a will but the courts have not probated the will." It covers one vehicle, pending final action on the will. A surviving spouse claims it as exempt property under K.S.A. 59-403(a); if there is no surviving spouse, the heirs claim it. The person signing guarantees title to all later purchasers.
• TR-82, Transfer on Death Affidavit. For a title that names a transfer-on-death beneficiary, with the death certificate and, if there is a lien, the lienholder's consent on form TR-128. The form tells you to take it and the documentation to your local county treasurer's motor vehicle office.

The DOR does not set a separate vehicle value limit beyond the $75,000 estate limit for the TR-83b route.

Final paycheck and benefits

Final wages. Under K.S.A. 44-318, "In the absence of actual notice of probate proceedings, the employer may pay, upon proper demand, wages due a deceased employee." Payment goes in this order of preference: spouse, children 18 and over in equal shares, father, mother, sisters and brothers in equal shares, or the person to whom funeral expenses are due. The statute states no dollar cap.

Social Security, VA and retirement benefits. K.S.A. 59-1507a lets certain relatives collect up to $10,000 of monthly benefits owed under Title II of the Social Security Act, a veterans administration program, or a public or private retirement or annuity plan. It applies only "not less than 180 days after the death."

The affidavit is filed with the government office or private company responsible for the benefit, not a court. Preference goes, in order, to the surviving spouse; children or descendants of deceased children; the father or mother; and then a brother or sister. The affidavit shows the date of death, the affiant's relationship, that no executor or administrator has qualified or been appointed, and that the affiant knows of no closer relative. No official form for this affidavit was found.

Unclaimed property

Kansas unclaimed property is handled by the State Treasurer through missingmoney.ks.gov. Whether the Treasurer accepts a 59-1507b affidavit for an heir's claim, and any limit it applies, could not be confirmed for this article. See our guide to Kansas unclaimed property and check the Treasurer's claim instructions before relying on the affidavit there.

Liability and false statements

The holder who pays on the affidavit is protected: the successor's receipt is "a full discharge and release from any further claim for such transfer." The successor, in turn, swears that the decedent's debts and any estate and inheritance taxes on the transfers have been or will be paid.

What claims creditors, heirs or a later personal representative could bring against a successor is not addressed in this article. If there are unpaid debts or a disagreement among heirs, talk to a lawyer before collecting anything.

The affidavit is sworn before a notary. Under K.S.A. 21-5903, perjury includes intentionally and falsely swearing to any material fact upon an oath legally administered before a notary public, and the statute makes it a severity level 9 nonperson felony. The affidavit itself does not print a penalty warning.

Refusal of letters: the court route for estates up to $75,000

K.S.A. 59-2287 gives the district court discretion to refuse to appoint an administrator for a small estate. It applies "When the real and personal estate of the decedent does not exceed $75,000 and the estate is not subject to allowances pursuant to K.S.A. 59-403" (or the allowances are waived). It can also apply when the estate is no greater than the exempt property plus the spouse and minor-child allowance.

Unlike the affidavit, this route counts and reaches real estate. "Real estate sold in accordance with this section shall be deemed to have marketable title as ordered by the court."

Any heir, devisee, legatee, creditor or other interested person may petition by giving a bond of not less than the value of the estate, approved by the district court and conditioned on paying the decedent's debts in order of preference and distributing the rest. The statute also provides that no creditor, heir or other person is deemed to have an interest after six months following the date of death. A surviving spouse or minor children may make proof before the court, with notice under K.S.A. 59-2222. An official form and the docket fee for this petition were not located for this article.

The spouse and minor-child allowance

K.S.A. 59-403 gives a surviving spouse and minor children wearing apparel, household goods, one automobile and one year of provisions, plus "A reasonable allowance of not more than $75,000 in money or other personal or real property at its appraised value," with the exact amount set by the court. The spouse makes the selection, or the guardian of the minor children if there is no spouse.

That property "shall not be liable for the payment of any of decedent's debts," except liens existing at the time of death. Because the court sets the amount, this is not a self-executing affidavit.

When you need probate instead

The affidavit is not available when probate assets exceed $75,000, when a petition to appoint an executor or administrator is pending or granted, or when the property to be transferred is real estate with no transfer-on-death deed. In those cases, the district court routes above (refusal of letters or, after six months, a determination of descent) or full probate apply.

See our guide to Kansas probate for how a full estate administration works.

Related

• Small estate affidavit rules by state
• Kansas probate guide
• Kansas property records
• Kansas unclaimed property
• Missouri small estate affidavit
• Nebraska small estate affidavit

Disclaimer: This article provides general legal information about Kansas law (K.S.A. 59-1507b, 59-1507a, 59-2287, 59-403 and 44-318), verified on 2026-10-07. It is not legal advice. For your specific situation, contact the clerk of the district court in the county where the person lived, a legal aid office, or a lawyer licensed in Kansas.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Kansas?

$75,000. K.S.A. 59-1507b applies when the total assets of the decedent's estate subject to probate do not exceed $75,000 in value. The limit was $40,000 before July 1, 2023.

How long after death can I use a small estate affidavit in Kansas?

K.S.A. 59-1507b does not set a minimum waiting period. The separate benefits affidavit under K.S.A. 59-1507a, for Social Security, VA and retirement payments, requires at least 180 days after the death.

Does a small estate affidavit need to be filed with the court in Kansas?

K.S.A. 59-1507b describes giving the affidavit to the entity or person holding the property, not filing it with a court. The affidavit is sworn before a notary and has a certified copy of the death certificate attached.

Can I transfer a house with a small estate affidavit in Kansas?

No. The 59-1507b affidavit covers personal property only. Real estate passes by a recorded transfer-on-death deed if one exists, or through the district court, for example by refusal of letters under K.S.A. 59-2287 for estates of $75,000 or less, or by a proceeding to determine descent under K.S.A. 59-2250 once more than six months have passed since the death.

Where do I get the Kansas small estate affidavit form?

The Kansas Judicial Council lists the Small Estates Affidavit (K.S.A. 59-1507b) on its Legal Forms page. The Kansas Department of Revenue hosts the same text as tr83b.pdf, and it can be used in place of the KDOR TR-83b Claim of Heir form.

How do I transfer a car title in Kansas after the owner dies?

The Kansas Department of Revenue uses three affidavits: TR-83b Claim of Heir (or the Judicial Council small estates affidavit), TR-83a Decedent's Affidavit when there is a will that has not been probated, and TR-82 when the title names a transfer-on-death beneficiary.

Can a family member collect a deceased person's last paycheck in Kansas?

Yes, if the employer chooses to pay. Under K.S.A. 44-318, absent actual notice of probate proceedings, an employer may pay wages due a deceased employee on proper demand, in the order spouse, adult children, father, mother, sisters and brothers, or the person owed funeral expenses.