Add Conditional Fields Legal Kansas Small Estates Forms For Free

If an asset has joint owners, the surviving owners will receive the inheritance without probate. Assets in which the decedent is the sole owner may have to go through the probate process. Listing a beneficiary on assets, such as a life insurance policy or retirement account, will also prevent the need for probate.

Attach a copy(s) of the death certificate(s) for the owner(s) shown on the Kansas title. If there is a lienholder listed on the face of the title, a notarized written lienholder's consent to transfer the title Form TR-128 is required or a notarized lien release from the lienholder of record.

The small estates affidavit can be used to transfer up to $75,000 in assets to heirs without filing a probate case in court. The affidavit is NOT filed with the court (or the Judicial Council). It is prepared and presented to the holder of the assets.

However, because having an estate go through probate court is often time consuming, completing the process can be frustrating for heirs. Kansas probate takes at least four months, but it can take even longer when the estate requires a complex settlement process.

An Affidavit of Heirship is a sworn statement that heirs can use in some states to establish property ownership when the original owner dies intestate. Affidavits of Heirship are generally used when the decedent only left real property, personal property, or had a small estate.

Typically, executors take 8-12 months to settle an estate; however, the process can extend to two or more years in more complex cases. Executors are afforded an “executor year,” a period during which they are expected to fulfill their fiduciary duties.

The duration of the estate settlement process can vary depending on various factors. It is not uncommon for the process to take anywhere from several months to a year or more. The complexity of the estate, the size of the assets, and any disputes or legal challenges can impact the duration of the settlement.

How ownership is transferred. To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the register of deeds and pay a small recording fee. No probate is necessary.

What is Considered a Small Estate in Kansas? If an estate is valued at less than $40,000, you can use the Affidavit process to settle the estate. There is also a summary probate procedure, but the court must first approve it.