Settling Small Estates (KS)

Requirements

To use the small estate process, the assets subject to probate must have a gross value <$75K. In determining gross value of the estate, you should value assets as of the date of death, and ignore any unsecured debts (but do subtract things like liens and mortgages). Do not include any assets that would not normally go through probate, such as community property with right of survivorship, assets with named beneficiaries (e.g., 401Ks, life insurance policies), and other standard probate exclusions.

Process

To use the small estate process:

1. Prepare a Small Estate Affidavit
   (Note that this official form mentions paying all debts, which is not required by law to use the affidavit, but may be required at some point depending on family entitlements)
2. Have the affidavit notarized, and attach a copy of the death certificate and the will (if one exists)
3. Obtain possession of estate assets by presenting the affidavit to current custodians (this affidavit cannot be used to collect real estate)
4. Settle the estate in the normal way (pay debts, distribute remaining assets)
5. If you are transferring a vehicle, submit Form TR-83b to the DMV
6. If everything goes smoothly, no court involvement will ever be required

Requirements

You can use this process if either:

• The estate is not worth more than the family allowances due a surviving family
• Or, the value of the estate is <$75,000, and the estate is not subject to any family allowances

In determining the value of the estate, you should value assets as of the date of death, and subtract any debts. Do not include any assets that would not normally go through probate, such as community property with right of survivorship, assets with named beneficiaries (e.g., 401Ks, life insurance policies), and other standard probate exclusions.

Process

To settle an estate via this process:

1. Submit to the court a Petition for Refusal to Grant Letters of Administration
2. If you are the surviving spouse, the court may require you to publish and/or deliver a notice to interested parties
3. If you are not the surviving spouse, the court may require you to obtain a bond equal to the value of the estate
4. Upon approval, the court will issue an order settling the estate
5. Use the order to collect estate assets, and then settle the estate in the normal way (satisfy family entitlements, pay debts, make distributions)

Requirements

To qualify for informal administration, the following conditions must be true:

• All estate assets must be able to be transferred "as is". Under informal administration, the court immediately orders all assets transferred, so if an asset needs to be sold (for example, to pay estate debts, or to split the proceeds among multiple heirs), informal administration will not be possible.
• There must be no objection or disagreement among any potential beneficiaries of the estate (i.e., people named in the will to inherit, heirs-at-law, creditors, etc.)
• The court must agree that informal administration is appropriate

Process

To settle an estate via informal administration:

1. Submit to the court a Petition for Informal Administration. The Petition must include (see K.S.A. 59-3302):
   • The name and residence address of the petitioner
   • The interest of the petitioner in the estate (i.e., are you an heir? a creditor?)
   • Name, residence address, and date and place of death of the decedent
   • A statement that there is property which is subject to administration
   • Names, ages, residences, addresses, and relationships of the heirs, devisees and legatees of the decedent and any named fiduciary, if known or ascertainable with reasonable diligence
   • The name and address of the person who prepared the will (if there is one), if known or ascertainable with reasonable diligence
   • An inventory (including valuation) of all of the assets of the decedent
   • A listing of the debts of the decedent, both paid and unpaid; an estimate of costs of informal administration, including reasonable fees; and a statement of those specific moneys belonging to decedent's estate which are proposed to be used to pay unsatisfied debts of the decedent and the expenses of informal administration
   • The nature and form of disposition requested, including a statement of whether the property will pass by will, the law of descent and distribution (i.e., intestate rules), or a valid settlement agreement. If the property is to pass by will or valid settlement agreement, the will or valid settlement agreement shall be attached
   • The reasons informal administration is appropriate
   • A request that the petitioner or other named person be designated to carry out the orders made by the court
   • The amount and type of bond or bonds to be given
   • A statement that if informal administration is denied, which alternative under K.S.A. 59-3305, and amendments thereto, is requested, and if simplified or supervised administration is requested, the name and address of the person proposed to be appointed as executor or administrator
   • Attach the death certificate
2. If there is real estate involved, the court will order you to give notice of your application in accordance with K.S.A. 59-2209. If there is no real estate, the court may or may not require you to give notice in accordance with with K.S.A. 59-2208.
3. The court will hold a hearing, and if your request is granted, issue instructions for paying debts and distributing assets. If there are debts to be paid, the court will likely order a bond to be obtained by any person named as responsible for ensuring those debts are paid.
4. Follow the court's orders. No further court interactions should be needed.

Requirements

You can use simplified administration if the court agrees, after considering the size of the estate, the degree of kinship of the heirs, devisees and persons seeking appointment, the solvency of the estate, the nature of the estate, the wishes of the heirs and devisees, the probable cost of estate administration and settlement, and any other pertinent matters

Process

To settle an estate via simplified administration, you start probate in the standard way, but get more freedom in making decisions during the administration:

1. Follow the instructions in How to Apply for KS Probate, requesting simplified administration
2. The court will issue you your "Letters", which you can use to obtain possession of estate assets from current custodians
3. Settle the estate in the normal way (satisfy family entitlements, pay debts, and make distributions), without, for example, having to ask the court's permission to sell an asset
4. After the time for the filing of claims has expired, the time in which an appeal on admitting a will to probate has expired, and after 6 months from decedent's death have passed, you may request the court to close the estate.