Kansas estate administration

Kansas probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $75,000

This guide explains probate in Kansas: Kansas probate is handled by the District Court. Small estates up to $75,000 in personal property transfer by affidavit (K.S.A. 59-1507b), and the Kansas Simplified Estates Act (K.S.A. 59-3201 to 59-3206) offers a streamlined court administration in lieu of full supervision. The statewide probate docket fee is $109.50 (K.S.A. 59-104), and fiduciary compensation is 'just and reasonable' under K.S.A. 59-1717 with no statutory percentage schedule.

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Answer first

Kansas simplified probate route

Kansas offers two abbreviated routes. (1) Small estate affidavit (K.S.A. 59-1507b): transfer a decedent's personal property by affidavit when the total assets of the estate subject to probate do not exceed $75,000 in value; the statute states no fixed post-death waiting period (threshold raised to $75,000 by L. 2024, ch. 35). (2) Kansas Simplified Estates Act (K.S.A. 59-3201 to 59-3206): a court-administered but streamlined alternative to full supervised administration. On the hearing of a petition for appointment of an administrator or for probate of a will where administration is sought under the Act, the court determines under K.S.A. 59-3202 whether the estate is administered as a simplified estate or a supervised estate, considering the size of the estate, the degree of kinship of the heirs and persons seeking appointment, the solvency of the estate, its nature, the wishes of the heirs and devisees, the probable cost of administration, and other pertinent matters. The Simplified Estates Act is a procedure, not a dollar-threshold shortcut, and coexists with the § 59-1507b affidavit.

Small estate affidavit (K.S.A. 59-1507b); Kansas Simplified Estates Act administration (K.S.A. 59-3201 to 59-3206)

What the reviewed rules establish

Simplified route

$75,000

Kansas offers two abbreviated routes. (1) Small estate affidavit (K.S.A. 59-1507b): transfer a decedent's personal property by affidavit when the total assets of the estate subject to probate do not exceed $75,000 in value; the statute states no fixed post-death waiting period (threshold raised to $75,000 by L. 2024, ch. 35). (2) Kansas Simplified Estates Act (K.S.A. 59-3201 to 59-3206): a court-administered but streamlined alternative to full supervised administration. On the hearing of a petition for appointment of an administrator or for probate of a will where administration is sought under the Act, the court determines under K.S.A. 59-3202 whether the estate is administered as a simplified estate or a supervised estate, considering the size of the estate, the degree of kinship of the heirs and persons seeking appointment, the solvency of the estate, its nature, the wishes of the heirs and devisees, the probable cost of administration, and other pertinent matters. The Simplified Estates Act is a procedure, not a dollar-threshold shortcut, and coexists with the § 59-1507b affidavit.

Eligibility and caveats

Court cost

$109.50

K.S.A. 59-104 sets a statewide docket fee of $109.50 for the probate of an estate or of a will. A temporary $22 non-judicial-personnel surcharge applied only 'On and after July 1, 2019, through June 30, 2025' and has expired, so $109.50 is the operative fee as of the review date.

Filing-cost detail

Executor compensation

Court-reviewed

K.S.A. 59-1717 entitles a fiduciary to 'just and reasonable' compensation for services, plus necessary expenses; there is no statutory percentage schedule. The court reviews reasonableness, and a will provision on compensation is honored subject to the statute.

Compensation detail

Creditor deadline

Multiple triggers

Kansas keeps three separate claim clocks. Under K.S.A. 59-2239 a demand is forever barred unless presented within the LATER of (a) four months from the date of first publication of notice to creditors under K.S.A. 59-2236, or (b) where the creditor is known or reasonably ascertainable, 30 days after actual notice was given. Both run only if the estate is opened: no creditor has a claim unless a petition for probate or administration is filed within six months after the decedent's death. The four-month period is stated in months, so it is not reduced to a fixed number of days.

K.S.A. 59-2239 (Kansas Office of Revisor of Statutes; reviewed August 9, 2026)

Timeline and creditor details

Statutes read in full for Kansas

These are the Kansas provisions read end to end on the enacting state’s own site, rather than summarised from a secondary source. The middle column is what reading each one actually established for Kansas — not a restatement of the topic — and the last column records the date the wording was read, so a later amendment can be spotted by comparing dates.

CitationWhat reading it establishedRead on
K.S.A. § 59-1507b (transfer of certain personal property to successor)Kansas transfers the property without any court at all, and the receipt itself discharges the payer — small estate route note2026-09-17
K.S.A. § 59-1717 (compensation and expenses), L. 1939, ch. 180, § 147Kansas publishes no percentage at all, and pays the fiduciary and the attorney under the same standard — representative pay note2026-09-17
K.S.A. § 59-2239 (claims against estate; time for filing; when barred)Kansas bars the claim on one clock and the creditor’s standing to have any claim at all on a second — creditor deadline note2026-09-17

Kansas decision map

The four facts that change the Kansas route

Use this map before opening a form or entering a number. It keeps the Kansas amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

Kansas estate administration decision map
QuestionRecorded Kansas answerCarry into the case
What route is being screened?Small estate affidavit (K.S.A. 59-1507b); Kansas Simplified Estates Act administration (K.S.A. 59-3201 to 59-3206)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; gross value for this route.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$75,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?No waiting-period number verified; Kansas keeps three separate claim clocks. Under K.S.A. 59-2239 a demand is forever barred unless presented within the LATER of (a) four months from the date of first publication of notice to creditors under K.S.A. 59-2236, or (b) where the creditor is known or reasonably ascertainable, 30 days after actual notice was given. Both run only if the estate is opened: no creditor has a claim unless a petition for probate or administration is filed within six months after the decedent's death. The four-month period is stated in months, so it is not reduced to a fixed number of days.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?$109.50 is the recorded statewide amount.Ask the District Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?K.S.A. 59-1717 entitles a fiduciary to 'just and reasonable' compensation for services, plus necessary expenses; there is no statutory percentage schedule. The court reviews reasonableness, and a will provision on compensation is honored subject to the statute. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the Kansas amount screen without mistaking it for a result

The recorded Kansas ceiling is $75,000, and it is tested against personal probate property only, on a basis this site records as gross value for this route. Counted that way, $56,300 sits below the Kansas figure and $93,800 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Kansas counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Kansas ceilingWhat it does not decide
$56,300Below $75,000Title, liens, waiting period, appointment, or creditor duties
$93,800Above $75,000Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

Kansas publishes no court artifact in this registry. Kansas probate is heard in the District Court of each county. The Kansas Judicial Council promulgates the statewide small-estate affidavit and decedent's-estate forms, but the Kansas Judiciary websites (kscourts.gov and the Judicial Council at kjc.ks.gov) return HTTP 403 to automated clients, so no court-resource URL could be verified as reachable for inclusion; the controlling forms live under the Kansas Judicial Council 'Decedent's Estate' probate forms.

Kansas probate is heard in the District Court of each county. The Kansas Judicial Council promulgates the statewide small-estate affidavit and decedent's-estate forms, but the Kansas Judiciary websites (kscourts.gov and the Judicial Council at kjc.ks.gov) return HTTP 403 to automated clients, so no court-resource URL could be verified as reachable for inclusion; the controlling forms live under the Kansas Judicial Council 'Decedent's Estate' probate forms.

Source trail

Records used by this Kansas map

  • K.S.A. 59-1507bK.S.A. 59-1507b Small estate affidavit; reviewed August 9, 2026
  • K.S.A. 59-2239K.S.A. 59-2239 Claims against estate; time for filing; when barred; reviewed August 9, 2026
  • K.S.A. 59-2236K.S.A. 59-2236 Notice to creditors; reviewed August 9, 2026
  • K.S.A. 59-3201K.S.A. 59-3201 Citation of act (Kansas Simplified Estates Act); reviewed August 9, 2026
  • K.S.A. 59-3202K.S.A. 59-3202 Administration as simplified estate or supervised estate; determination by court; reviewed August 9, 2026
  • K.S.A. 59-1717K.S.A. 59-1717 Compensation and expenses of fiduciaries; reviewed August 9, 2026
  • K.S.A. 59-104K.S.A. 59-104 Docket fee; reviewed August 9, 2026

Limits and unresolved costs

  • The $22 non-judicial-personnel docket surcharge under K.S.A. 59-104 expired June 30, 2025; the operative fee is $109.50. If revived by later legislation this must be rechecked.
  • No Kansas Judiciary court-resource URL could be included because kscourts.gov and kjc.ks.gov return 403 to automated clients; the statewide small-estate form is the Kansas Judicial Council Decedent's Estate affidavit.
  • Creditor framework now sourced to K.S.A. 59-2239 and 59-2236 (four months from first publication; 30 days from actual notice to a known creditor, later-of; estate must be opened within six months of death). The four-month and six-month periods are stated in months and are left as descriptions rather than fixed day counts.
  • Kansas Simplified Estates Act (K.S.A. 59-3201 to 59-3206) added as a distinct administration route; it is procedure-based (K.S.A. 59-3202 court determination) rather than a dollar threshold, so no numeric cap is asserted for it.
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

What Kansas courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

No Kansas court document is linked here. The notes below state why, rather than leaving the absence unexplained.

Limits on court material

  • Kansas probate is heard in the District Court of each county. The Kansas Judicial Council promulgates the statewide small-estate affidavit and decedent's-estate forms, but the Kansas Judiciary websites (kscourts.gov and the Judicial Council at kjc.ks.gov) return HTTP 403 to automated clients, so no court-resource URL could be verified as reachable for inclusion; the controlling forms live under the Kansas Judicial Council 'Decedent's Estate' probate forms.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.