Detailed answer — how to confirm the account is under the small‑estate limit in Kansas

In Kansas, the small estate procedure applies when the decedent’s personal property (not including most real estate) falls below the statutory threshold. To decide whether a particular bank account is counted toward that limit, follow these steps:

1. Identify which accounts and assets count.

   Only the decedent’s property that does not automatically pass to someone else counts toward the small‑estate limit. Typical items that do count include the balance in a sole‑owner checking or savings account owned only by the decedent at the date of death. Accounts that generally do NOT count as assets of the decedent for small‑estate purposes include:

   • Accounts with a valid payable‑on‑death (POD) or transfer‑on‑death (TOD) designation naming a beneficiary.
   • Joint accounts with rights of survivorship, which usually pass automatically to the surviving joint owner.
   • Assets already held in a revocable living trust in the decedent’s name as trustee (trust property passes under the trust).
   • Most retirement accounts, life insurance proceeds with designated beneficiaries, and other nonprobate transfers.
2. Get the balance as of the date of death.

   The value used for the small‑estate calculation is the account balance on the decedent’s date of death (not necessarily the current balance). To establish that amount:

   • Gather the decedent’s most recent bank statements and online access (if available).
   • Request an official account statement or an account transaction history from the bank showing the balance on the date of death. Ask the bank for a written, dated statement. Banks commonly require a certified copy of the death certificate and proof that you are the personal representative or an heir before releasing detailed records.
   • If the bank froze the account after learning of the death, ask what information the bank will accept and whether it will provide a statement showing the balance on the date of death.
3. Account offsets and liens reduce the value.

   When you calculate whether the estate fits the small‑estate threshold, subtract any valid claims that are charged directly against that account (for example, bank fees, court‑ordered garnishments, or a bank setoff for debts the decedent owed to that bank). Funeral expenses and creditor claims are addressed under the probate rules—check with the court clerk on how those affect the calculation.

4. Aggregate across all applicable personal property.

   Kansas small estate procedures look at the total value of qualifying personal property (bank accounts, cash, personal property) owned by the decedent. You must add together the balances of all decedent‑owned accounts and other personal property that do not pass outside probate to determine whether the total is below the statutory limit.

5. Confirm the current statutory threshold and procedure with the court.

   State law sets the dollar threshold and the exact affidavit or simplified procedure you must use. Consult the Kansas statutes and your local probate court clerk to confirm the current limit and the correct forms. The Kansas statutes are available online: https://www.ksrevisor.org/statutes/chapters/ch59.html. The probate clerk can also explain whether your situation fits the small‑estate route or whether formal probate is required.

6. If the total is under the threshold, follow the small‑estate steps.

   If the decedent’s qualifying personal property is below the statutory limit, you typically prepare and file a small‑estate affidavit or other simplified claim form with the custodian (the bank) or the probate court. The bank will usually ask for:

   • A certified copy of the death certificate
   • The signed small‑estate affidavit (and a court filing if required)
   • Identification and an affidavit from the person claiming the funds that they are entitled to them

   Contact the county probate court clerk for local forms and submission instructions.

Key Kansas resources:

• Kansas statutes (Probate Code, Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59.html
• Kansas Judicial Branch (court contact and forms): https://www.kscourts.org — contact your county probate court clerk for local procedures and forms.

Practical example (hypothetical)

Suppose the decedent had one checking account in their sole name with a balance of $12,500 on the date of death, a savings account with $4,200, and a car worth $2,800. Together, that personal property equals $19,500. If Kansas’s small‑estate threshold is $20,000 and no other disqualifying factors apply, you could likely proceed with the small‑estate affidavit to claim the bank accounts rather than open full probate. But you must confirm the threshold with the court and follow the bank’s required documentation.

When to get help

If you cannot get the bank to provide a date‑of‑death balance, if an account has ambiguous ownership (is it truly sole‑owner, POD, or joint?), or if there are creditor claims or possible liens, contact the probate court clerk or consider consulting an attorney experienced in Kansas probate so you do not risk personal liability for distributing assets incorrectly.

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed attorney or the local probate court in Kansas.

Helpful Hints — quick checklist and bank script

• Get multiple certified copies of the death certificate early — banks and agencies will request them.
• Collect recent bank statements and log in to online accounts if you have credentials.
• Ask the bank explicitly for the “balance on the date of death” and a written account history covering that date.
• Ask whether the account has POD, TOD, or joint owner language. If so, the account might not be part of the probate estate.
• Check all accounts and add balances if they are solely in the decedent’s name — the small‑estate limit applies to the combined qualifying personal property.
• Confirm the dollar threshold and required affidavit form with the county probate court clerk before you sign or submit anything.
• Use this short script when you call the bank: “I am calling about an account owned by [decedent’s name] who passed away. I need a written statement showing the account balance on the date of death and whether the account is payable on death or is a joint account. What documents will you require to provide that statement?”
• Keep careful records (written requests, dated responses from the bank, and copies of everything you submit to the court or bank).

If you want, contact your county probate court clerk and ask: “What is the current small‑estate limit in Kansas, and what affidavit or form do you accept to collect a bank account under that limit?” Their answer will point you to the correct statute and the local form you must use.