Lincoln County District Court Guide

When a Kansas resident dies, testate or intestate, and the total assets of the estate subject to probate do not exceed $75,000 in value, a successor may collect personal property by giving the holder a signed affidavit instead of opening a court case. TWO LIMITS DECIDE MOST REAL QUESTIONS AND BOTH ARE TRUE AT ONCE. The $75,000 test measures the whole probate estate, so a house that is subject to probate counts toward it. And what the affidavit can actually move is only personal property, such as a bank account, wages or securities, so it cannot transfer Kansas real estate even for an estate under the limit. A will does not close this route: the section covers a successor entitled by will as well as by intestate succession. The affidavit is furnished to the bank, employer or company holding the property and is not filed with the court, which is why there is no docket fee for it.

• The decedent died a resident of Kansas (K.S.A. 59-1507b(a))
• The total assets of the estate subject to probate do not exceed $75,000 in value
• The person claiming is a successor: entitled to the property by will or by intestate succession, or nominated as personal representative under the will
• The affidavit is furnished to the entity or person holding the property, not filed with the court
• The affidavit substantially complies with the form set by the Kansas Judicial Council (K.S.A. 59-1507b(b))

Qualifies:

$75,000

Attorney:

not required by law, though many families use one

The $75,000 figure was set by L. 2023, ch. 77, sec. 7 and took effect July 1, 2023; the figure before that date was $40,000, and L. 2024, ch. 35 restructured the section without moving the number, so confirm which figure governs a death close to July 1, 2023. The Kansas Judicial Council publishes the statutory form as "Small Estates Affidavit (02-2024)". A separate and narrower affidavit under K.S.A. 59-1507a can release up to $10,000 of a monthly social security, veterans or retirement benefit, but only 180 days or more after the death.

Kansas has a second simplified route, and it is a court order rather than a private affidavit. On the petition of an heir, devisee, legatee, creditor or other interested person, the district court may in its discretion refuse to grant letters of administration in two situations: where the value of the decedent's real or personal property is no greater than the exempt property plus the K.S.A. 59-403 allowance to the spouse and minor children, or where the real and personal estate does not exceed $75,000 and the estate is either not subject to those allowances or the allowances are waived. The petitioner gives bond of at least the value of the estate. THIS IS NOT A TIER OF THE SMALL ESTATES AFFIDAVIT: it measures the real and personal estate rather than the assets subject to probate, it reaches real property, it produces a court order rather than a delivery by a bank, and it carries bond and allowance conditions the affidavit does not. The two figures match only because one 2023 act raised both from different starting points.

• A petition by an heir, devisee, legatee, creditor or other interested person (K.S.A. 59-2287(a))
• Either the property is worth no more than the exempt property plus the K.S.A. 59-403 allowance, or the real and personal estate does not exceed $75,000
• On the $75,000 branch, the estate is not subject to the K.S.A. 59-403 allowances or those allowances are waived
• The petitioner gives bond of at least the value of the estate
• The court has discretion to refuse the petition and require an ordinary administration instead

Qualifies:

$75,000

Filing fee:

$48.50

source

Attorney:

not required by law, though many families use one

The K.S.A. 59-104(a)(1) docket fee for a petition asking the court to refuse letters is $48.50. The court may also remit all or part of the court costs where the total assets of the estate do not exceed $10,000 (K.S.A. 59-2215). The $75,000 figures in K.S.A. 59-2287(a)(2) and (b) were set by L. 2023, ch. 77, sec. 11 and were $50,000 before.

A Lincoln County decedent's estate is opened by petition in the district court of the county where the decedent lived at death (K.S.A. 20-301, K.S.A. 59-2203). The court admits the will or finds intestacy, issues letters to the executor or administrator, and supervises the case to distribution. A petition for probate of a written will must be filed within six months of the death or the will cannot pass property (K.S.A. 59-617). The personal representative gives notice to creditors under an order of the court within 30 days after filing, published once a week for three consecutive weeks (K.S.A. 59-709(a)), files a verified inventory and valuation within 30 days of appointment (K.S.A. 59-1201), and has nine months from appointment to settle the estate unless the court extends the time.

• File the petition with the clerk of the district court in the county of venue (K.S.A. 20-301, 59-2203)
• File the petition for probate of a written will within six months of the death (K.S.A. 59-617)
• Give notice to creditors within 30 days of filing, published weekly for three consecutive weeks (K.S.A. 59-709(a))
• Mail the surviving spouse a copy of the will and the elective-share notice within 10 days of qualifying (K.S.A. 59-2233)
• File the inventory and valuation within 30 days of appointment (K.S.A. 59-1201)

Qualifies:

No dollar threshold. This is the ordinary Kansas route for an estate that does not fit the small estates affidavit or a refusal to grant letters.

Filing fee:

$109.50

source

Attorney:

not required by law, though many families use one

The $109.50 figure is the statutory docket fee of K.S.A. 59-104(a)(1). The supreme court may add up to $22 per docket fee for non-judicial personnel under K.S.A. 59-104(a)(2) in the window running July 1, 2026 through June 30, 2030, so ask the clerk for the current total before writing the check. Kansas pays an executor reasonable compensation fixed by the court under K.S.A. 59-1717, not a percentage of the estate.

The district court admits the will, if any, to probate on a petition, appoints an executor or administrator and issues letters. The personal representative publishes notice to creditors, files an inventory and valuation, gives actual notice to known creditors, pays allowed demands in the K.S.A. 59-1301 order of classification, and closes on a petition and notice of final settlement.

• File a petition for probate of the will or for administration in the district court of the county of the decedent's residence (K.S.A. 59-2203), within six months of the death if a will is to pass property (K.S.A. 59-617)
• Give notice of the hearing under K.S.A. 59-2222 and 59-2209
• Mail the elective-share notice to the surviving spouse within 10 days of qualification (K.S.A. 59-2233)
• Publish notice to creditors within 30 days of filing the petition, once a week for three consecutive weeks (K.S.A. 59-709(a))
• File the inventory and valuation within 30 days of the letters of appointment (K.S.A. 59-1201)
• Give actual notice to known or reasonably ascertainable creditors before the nonclaim period expires (K.S.A. 59-709(b))
• Settle the estate within nine months of appointment unless the court extends the period (K.S.A. 59-1501)

Qualifies:

No dollar threshold. The ordinary route where the court does not order simplified administration.

Attorney:

not required by law, though many families use one

K.S.A. 59-3201 through 59-3206 are the Kansas simplified estates act. Under simplified administration the court does not supervise the administration and no notice of the executor or administrator's actions is given, except notice of final settlement. In making the determination the court may consider the size of the estate, the degree of kinship of the heirs, devisees and persons seeking appointment, the solvency of the estate, the nature of the estate, the wishes of the heirs and devisees, the probable cost of administration and settlement, and any other pertinent matters.

• Seek administration under the Kansas simplified estates act in the petition
• The court determines at the hearing whether the estate is simplified or supervised (K.S.A. 59-3202)
• The notice must advise all persons that the court need not supervise administration and that no notice of the executor or administrator's actions will be given except notice of final settlement, and that written objections may cause the court to order supervised administration (K.S.A. 59-2222(b))
• Letters must be designated on their face as issued under the Kansas simplified estates act (K.S.A. 59-3203(c))

Qualifies:

No dollar threshold. The court decides. K.S.A. 59-3202 directs the court, at the hearing on the petition for appointment or for probate of a will where administration is sought under the act, to determine whether the estate is administered as a simplified estate or as a supervised estate.

Attorney:

not required by law, though many families use one

The district court may, in its discretion, refuse to grant letters. Proof of the value and nature of the estate may be allowed by or on behalf of the surviving spouse or minor children. If the court is satisfied that no estate will be left after the exempt property and statutory allowances, or that the real and personal estate does not exceed the statutory figure where a creditor or heir petitions, it may order that no letters of administration issue. When it appears further proceedings are unnecessary the court enters an order terminating the administration.

• File a petition for refusal of letters in the district court
• Where a surviving spouse or minor children petition, give notice under K.S.A. 59-2222 (K.S.A. 59-2287(c))
• Where an heir, devisee, legatee, creditor or other interested person petitions on the value ground, give bond in a sum of not less than the value of the estate, approved by the court and conditioned on assuming the obligation to pay the decedent's debts in order of preference and to distribute the balance

Qualifies:

$75,000, under K.S.A. 59-2287(a)(2), for a petition by an heir, devisee, legatee, creditor or other interested person, where the estate is not subject to K.S.A. 59-403 allowances or those allowances are waived and the petitioner gives bond. Separately, under K.S.A. 59-2287(a)(1) there is no dollar figure at all: the test is whether the value of the property is not greater than the exempt property plus the K.S.A. 59-403 allowance.

Attorney:

not required by law, though many families use one

The ordinary Kansas route for clearing title to real estate where nobody opened a probate. Any person interested in the estate or claiming an interest in the property petitions the district court of the county of the decedent's residence, or of any county where property is situated. On proof, the court assigns the property to the persons entitled at the time of death under the law of intestate succession in effect on the date of death, or under a valid settlement agreement.

• Wait until the decedent has been dead more than six months (K.S.A. 59-2250)
• Confirm no will was filed under K.S.A. 59-618a within six months and no probate or administration petition has been filed
• Give notice under K.S.A. 59-2209 where title to real estate is to be assigned, otherwise under K.S.A. 59-2208

Qualifies:

No dollar threshold. The gate is time and the absence of any other proceeding: more than six months since the death, no will filed under K.S.A. 59-618a within six months of the death, no petition filed for probate of a will in Kansas, and no petition for administration filed or administration had without a determination of descent.

Attorney:

not required by law, though many families use one

Not a court proceeding. Where the total assets of the estate subject to probate do not exceed $75,000, personal property transferable to the estate is transferred to a successor on an affidavit given to the holder of the property, without letters. The affidavit reaches personal property only and cannot transfer real estate, although real estate subject to probate counts toward the $75,000 measure.

• The decedent must have died a Kansas resident, testate or intestate
• The total assets of the estate subject to probate must not exceed $75,000 in value
• The claimant must be a successor: entitled by will or intestate succession, or nominated as personal representative under the decedent's will
• The affidavit is sufficient if in substantial compliance with the form set forth by the judicial council, published as "Small Estates Affidavit (02-2024)"

Qualifies:

$75,000, measured on the total assets of the estate of the decedent subject to probate (K.S.A. 59-1507b(a)). The figure was $40,000 before July 1, 2023.

Attorney:

not required by law, though many families use one