Kansas Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across all of Kansas – thresholds, deadlines, and costs. For your specific county’s District Court address and local filing details, see that county’s page.

Where Probate Happens

Kansas probate is handled by the District Court in the county where the deceased lived – Kansas does not have a separate probate court. Kansas has not adopted the Uniform Probate Code, but it does offer both supervised and unsupervised administration.

Important: File The Will Within 6 Months

A will must be filed for probate within 6 months of death. Miss that window, and the will may be denied admission to probate, meaning the estate would be distributed under Kansas intestacy law instead – even if a valid will exists.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estates Affidavit (K.S.A. § 59-1507b)

• Total value of all assets subject to probate – the net value after debts and liabilities are subtracted – must be $75,000 or less (raised from $40,000, effective July 1, 2023).
• Real estate is excluded and cannot be transferred using this affidavit, even if the estate’s overall value would otherwise qualify.
• At least 30 days must have passed since the death.
• No petition for appointment of a personal representative can be filed or pending.
• The affidavit must substantially follow the form prescribed by the Kansas Judicial Council (free, non-commercial forms available directly from the Judicial Council – beware third-party companies charging for these).
• Notarized and presented directly to banks, financial institutions, employers, or other holders of the decedent’s property, which must release the property upon receiving a valid affidavit.
• For vehicles specifically, use the appropriate Kansas Department of Revenue form.
• Note: some assets like payable-on-death accounts or life insurance with a named beneficiary don’t count toward the $75,000 limit in the first place, since they pass outside probate entirely.

Summary Administration (a related, separate simplified process)

• Applies when the estate, after subtracting the homestead and spousal/minor-child allowances, doesn’t exceed the amount needed for funeral expenses, last-illness expenses, wages owed to employees during the final illness, administration costs, preferred debts, and taxes.
• The executor or administrator presents an account for court settlement and allowance; the court can then summarily determine heirs and close administration without full formal probate.

STEP 2: FULL PROBATE (for larger or more complex estates)

1. File a petition with the District Court in the relevant county; the will (if any) must be filed even if formal probate isn’t pursued.
2. The court appoints an executor (if named in the will) or administrator (if not).
3. Kansas allows both supervised administration (ongoing court oversight at each step) and unsupervised administration (minimal court involvement once appointed) – availability depends on the will’s terms and whether heirs agree.
4. Notice to creditors is published; debts are paid; the estate is inventoried and eventually distributed.

Timeline

Small estate affidavits can move relatively quickly once the 30-day wait passes. Full probate timelines vary based on whether supervised or unsupervised administration is used and the estate’s complexity.

Taxes

Kansas has no state estate tax or inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s District Court address, phone number, and local filing details, visit that county’s page.