Kansas Probate Code
During legislative sessions in 2024 and 2025, the Kansas legislature enacted amendments to the Kansas Care and Treatment statutes. Additionally, the Kansas legislature significantly amended the Kansas Guardianship and Conservatorship statutes. The changes to the guardianship code take effect January 1, 2026. However, the Kansas Probate Code related to decedent’s estates remains unchanged.
The statutory requirements for a Kansas Small Estate Affidavit are: an estate with a value of $75,000 or less and the estate cannot include real estate.
A procedure that avoids a formal probate estate administration is a Kansas Determination of Descent proceeding. Rather than petitioning the court to open a probate estate for administration, the petitioner files a petition asking the court to determine the heirs of the decedent. The petitioner files a petition for determination six months and one day after the date of death. The probate court determines who the heirs at law are under K.S.A. 59-505 through K.S.A. 59-508, whichever is applicable. The court then enters a decree establishing the heirs at law who inherit the decedent’s real estate and/or personal property.
In some cases, it may be appropriate to file a petition for informal administration. Informal administration is appropriate when there is a very limited number of assets and for a very specific purpose. For instance, to negotiate a check from an insurance company or a tax refund check.
If these options are not available or preferable to the heirs, because the decedent left a last will and testament that provides for distributions contrary to the intestate succession statutes or the family or beneficiaries do not wish to wait 6 months, then formal probate administration procedures available are: to petition the court to admit the last will and testament to probate and appoint an executor or personal representative either as a supervised or simplified administration; or file a petition for administration of the estate and appoint an estate administrator either as a supervised or simplified estate.
