Saline County District Court Guide

Not a court proceeding and not filed with the Saline County District Court. Where the total assets of the estate of the decedent SUBJECT TO PROBATE do not exceed $75,000 in value, personal property transferable to the estate is transferred to a successor on an affidavit given to the bank, transfer agent or other holder, without letters. Two things are true at once and both matter: real estate subject to probate COUNTS toward the $75,000 measure, and the affidavit CANNOT transfer real estate. There is no waiting period. The figure was $40,000 before July 1, 2023.

• 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 out by the Kansas Judicial Council, published as 'Small Estates Affidavit (02-2024)'

Qualifies:

$75,000

Attorney:

not required by law, though many families use one

Given to the holder of the property, so there is no docket fee. The Kansas Department of Revenue publishes its own version for vehicle work as form TR-83b, whose printed heading names the same $75,000 figure and the same statute.

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 deciding, the court may consider the size of the estate, the degree of kinship of the heirs and devisees, the solvency and nature of the estate, the wishes of the heirs and devisees and the probable cost of administration. Simplified administration removes court supervision, not the four-month creditor bar or the nine-month settlement period.

• Ask for 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 tell all persons the court need not supervise administration 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 at the hearing on the petition whether the estate is administered as a simplified estate or as a supervised estate (K.S.A. 59-3202).

Filing fee:

$109.50

source

Attorney:

not required by law, though many families use one

This is Kansas's court-ordered shortcut. It is opened on the same $109.50 probate docket fee as a supervised administration; the saving is in hearings and notices, not in filing cost or elapsed months.

Kansas probate is heard by the DISTRICT COURT (K.S.A. 20-301); there is no separate probate court and no county probate forum. The Saline County District Court admits the will to probate, or finds intestacy, appoints an executor or administrator and issues letters. The 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 the petition for probate of the will or for administration with the clerk of the district court in the county where the decedent resided (K.S.A. 59-2203)
• File 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 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)
• Settle the estate within nine months of appointment unless the court extends the period (K.S.A. 59-1501)

Qualifies:

No dollar threshold. This is the ordinary Kansas route where the court does not order simplified administration.

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). From July 1, 2026 the supreme court may add up to $22 per docket fee, so confirm the counter total with the clerk.

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

A discretionary district-court order, not an affidavit, and a different route from the K.S.A. 59-1507b affidavit even though both carry $75,000. The court may refuse to grant letters where an heir, devisee, legatee, creditor or other interested person shows the real and personal estate does not exceed $75,000, the K.S.A. 59-403 allowances do not apply or are waived, and the petitioner gives bond of not less than the value of the estate. Separately, K.S.A. 59-2287(a)(1) has NO dollar figure at all: the test there is whether the value of the property is no greater than the exempt property plus the K.S.A. 59-403 allowance to a surviving spouse or minor children. Unlike the affidavit, this route reaches real estate.

• File a petition for refusal of letters with the clerk of 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 $75,000 ground, give bond of not less than the value of the estate, conditioned on paying the decedent's debts in order of preference and distributing the balance

Qualifies:

$75,000

Filing fee:

$48.50

source

Attorney:

not required by law, though many families use one

The $48.50 figure is the K.S.A. 59-104(a)(1) docket fee for a refusal to grant letters of administration. K.S.A. 59-2287(a)(2) also provides that no creditor, heir or other person is deemed to have an interest after six months from the date of death as to real estate sold under the section.

The ordinary Kansas route for clearing title to real estate where nobody opened a probate. More than six months after the death, and where no will was filed under K.S.A. 59-618a within six months, no petition for probate of a will has been filed in Kansas and no administration was had without a determination of descent, any interested person may petition 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 date of death under the intestate law in effect on that date, or under a valid settlement agreement, and the decree is recorded with the register of deeds.

• 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
• Record the decree of descent with the register of deeds for each county where the real estate lies (K.S.A. 59-2251)

Qualifies:

No dollar threshold. The gate is time and the absence of any other proceeding.

Filing fee:

$49.50

source

Attorney:

not required by law, though many families use one

The $49.50 figure is the K.S.A. 59-104(a)(1) docket fee for a determination of descent of property.

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