Erase In Legal Kansas Heirship Affidavits Forms For Free

The small estate affidavit normally does not need to be filed with the court. Instead, the affiant ? the person who swears the affidavit is true and he or she is entitled to the assets ? presents it to the bank, brokerage or other holder of the asset.

However, most assets held in the sole name of the deceased person require probate before being transferred to the beneficiaries named in a will. If the funds in the estate are $40,000 or less, no probate is necessary and all that is required is an affidavit from the heir(s) and a copy of the death certificate.

This affidavit may be used to obtain the transfer, to a decedent's successor in interest, of certain personal property that would be transferrable to the decedent, without obtaining letters of administration or letters testamentary, where the total value of the estate subject to probate does not exceed $40,000.

Persons having knowledge and access to a will may offer it for probate at any time within the 6 months following the death. The filing of state and federal death tax returns may be required and tax payments are due no later than 9 months after the date of death.

Small Estates Affidavit This form allows the heirs to transfer up to $75,000 in assets (usually bank accounts) to all the heirs, without any thing going through probate court. The affidavit is prepared and presented to the holder of the assets.

An affidavit of heirship allows you to inherit property from a deceased relative without going through a long or expensive court proceeding, but it includes some risk since it could be overturned if the information you provide is not correct.