New York, NY asked in Probate for Kansas

Q: K.S.A. 59-1507b - Small Estates Affidavit was filed with Leavenworth, KS Probate court. But something is missing. What?

There was no will so we filed the form, K.S.A. 59-1507b - Small Estates Affidavit, to get Administration rights to close fathers accounts and affairs. We never heard anything from the courts and they won't tells us anything either on the phone or in person. All the court clerks indicate is there is something else we needed to of filed. They won't say what. There wasn't any other form on the website we saw. We need to close my fathers bank account and get his things from his old apartment that have now been placed in a storage location. What else do we need to file to get the paper work showing myself and my sister as Administrators of my father's Estate (which is only I think $650.00 dollars in the checking account and a TV, couch, and a file cabinet)

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1 Lawyer Answer
Doug Coe
Doug Coe
  • Probate Lawyer
  • Wichita, KS
  • Licensed in Kansas

A: Generally speaking, there's no need to actually "file" the Small Estate Affidavit. It can be shown directly to the bank or other institution, and they transfer the assets pursuant to the affidavit. On the other hand, if probate administration is needed due the nature of the estate, you would not want/need/use the Small Estate Affidavit at all, and there would be a number of other pleadings required. I would highly suggest the help of a KS attorney if you actually need to be appointed as Administrator.

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