Kansas City, MO asked in Estate Planning and Probate for Kansas

Q: Husband died 6 years ago, Will filed, no probate, everything was joint. Now, found a stock certificate, in his name only

How do I get the stock into my name?

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1 Lawyer Answer

Scott C. Stockwell

Answered
  • Estate Planning Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: There is a process that allows for use of an affidavit for the heirs at law or beneficiaries of a will to transfer the assets directly to them if the value of the estate is under a certain amount. K.S.A. 59-1507b provides that if the total assets of the decedent subject to probate do not exceed $40,000 in value, any personal property of whatever nature transferrable to the decedent's estate by any entity or person shall be transferred to the successor or successors of the decedent, if entitled thereto by will or by intestate succession, without having been granted letters of administration or letters testamentary, upon such successors' furnishing the entity or person with an affidavit showing entitlement thereto. Six years ago, the limit in the statute may have been $20,000.

You should consult with an attorney to determine if the circumstances of your case would permit the use of a decedent's affidavit.

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