Overview
The Kansas Small Estate Affidavit is a valuable tool for individuals dealing with the estate of a deceased person. This form simplifies the process of transferring assets when the total value of the estate is below a certain threshold, allowing heirs to bypass the lengthy probate process. By using the affidavit, heirs can claim personal property, such as bank accounts, vehicles, and other assets, without needing formal court proceedings. The form requires specific information, including the names of the deceased and heirs, a description of the assets, and an affirmation that the estate qualifies as a small estate under Kansas law. Additionally, the affidavit must be signed in the presence of a notary public, ensuring that the information provided is accurate and legally binding. Understanding the requirements and implications of the Small Estate Affidavit can help streamline the estate settlement process for families during a challenging time.
Document Sample
Kansas Small Estate Affidavit Template
In accordance with the Kansas Simplified Estates Act, this document allows for the expedited distribution of estates under certain conditions. It is designed for situations where the total value of the deceased's probate assets does not exceed the statutory limit outlined by state law. Please consult legal advice to ensure this process suits your specific situation.
Decedent Information:
- Full Name: ________________________________________
- Date of Death: ________________________________________
- Last Known Address: ________________________________________
- County of domicile at time of death: ________________________________________
- List of Probate Assets (including real estate located in Kansas, if any):
- Asset 1: ________________________________________
- Asset 2: ________________________________________
- Asset 3: ________________________________________
Claimant Information:
- Full Name: ________________________________________
- Relationship to Decedent: ________________________________________
- Address: ________________________________________
- Phone Number: ________________________________________
- Email Address: ________________________________________
By signing below, I hereby affirm that the information provided is accurate to the best of my knowledge and belief, and that I am entitled to collect the property described herein. I understand that providing false statements can result in penalties, including but not limited to perjury charges.
Signature: ________________________________________
Date: ________________________________________
Certification
This document does not necessarily require notarization under Kansas law, depending on specific conditions related to the decedent's estate. However, it is advisable to seek proper legal advice to determine if notarization or additional certification is required for your specific circumstances.
Form Features
| Fact Name | Description |
|---|---|
| Eligibility | The Kansas Small Estate Affidavit can be used when the total value of the estate is $40,000 or less for individuals or $100,000 or less for married couples. |
| Governing Law | This form is governed by Kansas Statutes Annotated (K.S.A.) 59-1501 et seq. |
| Purpose | The affidavit allows heirs to claim property without going through the formal probate process, simplifying the transfer of assets. |
| Filing Requirements | The completed affidavit must be filed with the court, along with a copy of the death certificate, to initiate the process. |
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