Cheyenne County, Kansas

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Kansas Small Estate Affidavit Form

End-of-life planning is ultimately important for all individuals, no matter how old and healthy they are. Creating relevant documentation may help your relatives avoid certain misunderstandings and problems concerning dealing with the property the deceased person owned. To prevent disagreements, it is highly recommended to execute Last Wills, which is really popular among senior adults and those individuals who have faced a terminal medical condition. However, not all people leave this paper due to numerous reasons. There exists a solution in this case.

If your relative has passed away without leaving their Last Will and you believe you possess the right to inherit their personal property, you may execute a Small Estate Affidavit form. This document is a legal claim that you are willing to get the deceased person’s assets. You can file the form in Cheyenne county through the judicial council or online on the county’s official web page. This means that you will not be obliged to meet the complications of probate court procedures.

Kansas Small Estate Affidavit form is comparably short and easy to complete — it normally consists of only two pages, and there must be inserted some private details of the decedent and the successor(s). Still, if there are any hesitations about the may you are filling the document out, please contact your legal advisor to avoid mistakes.

All the info you are provided must be true and correct. Submitting misleading information deliberately may result in legal prosecution.

If you are about to obtain a motor vehicle, there exists a particular separate form to complete.

Legal Information

The document should be created in compliance with Kansas Probate Code, Article 15, Paragraph 59-1507B. According to state law, the successor can only inherit not more than $40,000 worth of assets. It is required that the estate is not for sale or under investigation and that the decedent had not appointed an executor at death. There must not be any unpaid debts, claims, or demands against the decedent, and the inheritance taxes, if any, should be proven to be paid (you can either assert that they will be paid in the foreseeable future). Each successor has to be at least 18 years of age and mentally competent to receive their part (or the whole) property, which was earlier owned by the decedent.

Some legal terms you will meet in the paper include:

  • Affiant. Someone who takes accountability for filing the affidavit.
  • Successor. A legal representative or heir who is competent to receive the property of the deceased person.
  • Beneficiary. Someone who has been designated to inherit the property of the benefactor.
  • Sworn under oath. Having made an official promise to provide the true and correct information in a court of law.
  • Sound Mind. A person who is of sound mind is sane, rational, and mentally competent to deal with certain matters.

How to Write the Kansas Small Estate Affidavit Form

Preparing this paper consists of several steps we will describe below. Ensure that you meet all the requirements prior to executing this document.

1. Download the Template

Various forms are accessible all over the Internet, so choose the one you feel suits you best. You may either opt for a form-builder and complete it online or download some ready-made template from the web page you consider reliable.

2. Indicate the County

The first step will be inputting the residential area you live in.

3. Provide Your Complete Name

The affiant, being first duly sworn, has to insert their full name.

4. State the Details of the Decedent’s Death

You have to indicate the name, date of death, location, and whether the decedent had left any Last Will or Testimony or not.

5. Check that All the Other Statements Are True and Correct

Signing this paper, you claim that you can attach the certified copy of the death certificate, the decedent had not designated an executor, there are no questionable debts, and inheritance taxes, if applicable, are either paid or will be paid.

6. Insert the Beneficiaries’ Data

Provide the heirs’ complete names, ages, relationship to the decedent, and addresses.

7. List the Property

Describe the assets and the amount of US dollars they are worth.

8. Append Your Signature

Sign the paper to prove that you intend to obtain the mentioned property, and there are no legal objections to this.

9. Notarize the Form

A legal notary should review the presented information, study the attached documents, and seal the paper. The appointment expiration must be indicated as well.

The Kansas Small Estate Affidavit does not to be witnessed, unlike Living Wills or Durable Power of Attorney Forms.

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