Under Kansas statute, where as estate is valued at less than $75,000, an interested party may issue a small estate affidavit to collect any debts owed to the decedent. (The amount was raised from $40,000 to $75,000 effective July 1, 2023.)
This affidavit may be used to obtain the transfer, to a decedent’s successor in interest, of certain personal property that would be transferrable to the decedent, without obtaining letters of administration or letters testamentary, where the total value of the estate subject to probate does not exceed $75,000. The amount was raised from $40,000 to $75,000 effective July 1, 2023. The transfer is treated as one to the personal representative of the decedent, and the receipt of the transfer operates as a full discharge and release of the transferor.
Small Estate Affidavit Where To Get
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How to fill out Kansas Small Estate Affidavit For Estates Under $75,000?
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The witnesses must sign the form in the presence of a notary. Once you complete the small estate affidavit and the affidavit of heirship, you must file them with the clerk of the court at the probate court in the county where the deceased was a resident.
Cost Of The Small Estate Affidavit Procedure The clerk's filing fee for this procedure is usually about $475 in Texas. That is generally the only court expense. *(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)
In Illinois, the affidavit is not filed with the court but can be presented to a person, bank, brokerage or other holder of an asset from the estate. If the affidavit is properly completed and the estate is eligible, the asset holder must then turn over the assets.
File at the Probate Court Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435. Request further instructions from the court clerk on the process in the county.
Hiring a lawyer to prepare a Small Estate Affidavit is not required, and many courts publish do-it-yourself SEA forms for use in a specific county. For example, you can find county-specific SEA forms on the following sites: Small Estate Affidavit (Bexar County) Small Estate Affidavit Forms (Collin County)