You May Be Able to Avoid Probate if You Live in Kansas and Have a Small Estate (less than $40,000)

If you are the heir to a small estate in Kansas, you may be able to avoid probate and obtain your loved ones assets (usually bank accounts) without spending a lot of time or money.  If the decedent's probate estate is worth less than $40,000, the successor or successors of the decedent may obtain the assets by preparing an affidavit. See K.S.A. 59-1507b.  To be effective, the affidavit should include the following: 1) a certified copy of the death certificate; 2) a verification that probate has not been filed; 3) a verification that all of the decedent's unpaid debts have or will be paid; 4) a description of all beneficiaries under the decedent's will (or legal beneficiaries if a will does not exist); and 5) a description of all probate assets.  There are strict time requirements for this as well as probate, so seeking the advice of an attorney is recommended.