In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Kansas, the law provides a simplified process for administering small estates through the use of a small estate affidavit or a summary administration procedure. If an estate's value, less liens and encumbrances, does not exceed $40,000, the heirs or legatees may use a small estate affidavit to claim assets without formal probate. This affidavit can be presented to any person, business, or agency holding property of the deceased. Additionally, Kansas law allows for a simplified administration process for estates that qualify as small. This process involves filing a petition with the probate court, and it can lead to a quicker and less expensive transfer of assets than the regular probate process. It's important to consult with an attorney to determine eligibility for these procedures and to ensure proper handling of the estate according to Kansas statutes.