FAQ: Which assets should I list on a Kansas small estate affidavit?

Short answer: List the probate assets in which the decedent held an ownership interest alone or a transferable interest at death (for example, bank accounts titled only in the decedent’s name, vehicles titled to the decedent alone, personal property, and stock certificates held in the decedent’s name). Do not list non‑probate property that passes outside probate (for example, assets that have a named beneficiary, assets held jointly with rights of survivorship, property in a trust, or certain retirement accounts that automatically pass to a beneficiary). Where the statute requires a total estate value under a set threshold to use the small‑estate procedure, include only the probate portion when determining if you qualify. See Kansas statutes on decedents’ estates for the current threshold and detailed rules: https://www.ksrevisor.org/statutes/chapters/ch59/.

Detailed answer — how to decide what to list

1. Understand the basic difference: probate vs non‑probate

Start by classifying each asset. Probate assets are those that must be transferred by the court or by the executor/personal representative because the decedent owned them in their name alone (or the asset otherwise requires probate). Non‑probate assets pass automatically and generally should not be claimed via a small estate affidavit.

Common non‑probate assets (do not list as probate):

• Bank or brokerage accounts with a named payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary.
• Life insurance policies and retirement plans (401(k), IRA) that name a beneficiary.
• Property held in a living trust (the trust document and trustee handle distribution).
• Real property held as joint tenants with right of survivorship (survivor automatically owns the property).
• Joint bank accounts where survivor rights apply (the surviving co‑owner typically gets the funds).

Common probate assets (usually list these if the decedent owned them alone or owned a severable interest):

• Bank accounts and safe‑deposit box contents in the decedent’s name alone (no POD/TOD).
• Personal property: jewelry, household goods, furniture, collectibles owned by the decedent.
• Vehicles titled solely to the decedent (title may need transfer using a court or DMV affidavit).
• Stocks and bonds that are in the decedent’s name without beneficiary transfer provisions.
• Small debts owed to the decedent (notes receivable) if they are payable to the estate.

2. For jointly owned or partially owned assets, list only the decedent’s share

If an asset is owned jointly but not as survivorship property (for example, as tenants in common), list the decedent’s percentage interest and its value. If the joint ownership carries rights of survivorship, the surviving owner typically acquires the whole and you generally do not include that asset on a small estate affidavit.

3. If an asset has a beneficiary designation, do not list it as a probate asset

Even if an account statement is in the decedent’s name, if the account names a beneficiary (POD/TOD or insurance/retirement beneficiary), that asset passes outside probate. List it only if the beneficiary designation is invalid, missing, or contested—but in those cases you should consult an attorney before using the small estate process.

4. Values: include the decedent’s interest and use realistic, supportable values

For the small estate affidavit you must provide values. Use recent statements, title values, or reasonable market estimates. If you do not know an exact figure, document how you estimated the value. Do not put zero simply to make the estate appear smaller. If you list zero because an item truly has no monetary value (for example, an item of negligible resale value), note that and be ready to justify it with documentation.

5. Real estate often complicates eligibility

Many small‑estate procedures exclude real property (real estate) or treat it differently. Even if the value of personal property is under the small estate threshold, an ownership interest in real estate may require full probate or a separate procedure. Verify Kansas law before including any real property in a small estate affidavit. See Kansas statutes on decedents’ estates: https://www.ksrevisor.org/statutes/chapters/ch59/.

6. Thresholds and statutory rules — check the statute before proceeding

Kansas law sets rules and often a maximum estate value for using small estate procedures. Confirm the current dollar threshold and statutory requirements in the Kansas statutes and administrative materials before filing. Kansas statutes on decedents’ estates are available here: https://www.ksrevisor.org/statutes/chapters/ch59/.

Practical steps to prepare a small estate affidavit in Kansas

1. Gather documents: death certificate, account statements, vehicle titles, stock certificates, deeds, insurance policies, and beneficiary forms.
2. Make a complete inventory and classify each item as probate or non‑probate, noting the decedent’s share and a current value or estimate.
3. Check beneficiary designations and joint ownership language on all account documents and titles.
4. Confirm whether the estate’s probate assets fall under the applicable small estate threshold in Kansas statutes (see Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59/.
5. If eligible, fill out the small estate affidavit form (or draft the affidavit per statute), attach required documentation and file or present it where required. Check Kansas Courts guidance and local court rules at https://www.kscourts.org/.
6. Keep copies of everything and be prepared to show supporting evidence if a bank, title company, or other institution asks for proof.

When to leave a line blank or put zero

• Leave a line blank only if the affidavit or form expressly allows omissions; otherwise, enter “none” or “$0.00” for a category with no assets. That makes clear you considered the category.
• Put zero only if you have determined the decedent had no interest or the item has no monetary value. Do not put zero to hide assets or reduce the apparent estate value.
• If you cannot determine an accurate value, state an estimated value and note how you arrived at that estimate (recent statement, appraisal, etc.).

Common pitfalls to avoid

• Assuming joint account equals probate asset — many joint accounts pass automatically to the co‑owner.
• Using the small estate affidavit when the statutory threshold is exceeded — an institution may refuse to release assets, and you may face liability for improper distributions.
• Failing to check beneficiary forms on retirement plans and life insurance.
• Neglecting to document how you determined values for listed items.

Useful Kansas resources

• Kansas Statutes — Decedents’ Estates (Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59/
• Kansas Judicial Branch (general probate info and court contacts): https://www.kscourts.org/

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. The information here does not create an attorney‑client relationship and may not reflect changes in the law. For specific legal advice about a Kansas small estate affidavit and how to list particular assets, consult a licensed Kansas attorney or the local probate court.

Helpful Hints

• Create a clear inventory and classify each item as probate or non‑probate before you start the affidavit.
• Do not list assets you know pass by beneficiary designation or survivorship unless those transfers are unclear or contested.
• Estimate conservatively and document the source of every value you list (statements, appraisals, titles).
• When in doubt, contact the institution holding the asset (bank, DMV, insurer) to ask what they require for release — some will accept a small estate affidavit and some will not.
• If the estate is close to the statutory threshold or includes real estate or contested assets, get legal help before using a small estate affidavit.