Can I Collect Estate Property Withan Heirship Affidvit in Kansas?
Full Question:
My father died on March 25, 2011 in Lansing, Kansas. He did not have a will. Do we have to go through the probate process if he has little property (a 1993 Mobile Home worth $19,000; a 1992 Econoline Van worth 2,600 and 27 Savings Bonds ($100 full value) from 2008-2010. He does not own real estate as the mobile home is titled like a vehicle. All 5 grown children are in agreement to split proceeds from sale of the property equally. The mobile home was paid off one year ago but the lien release was not filed with the court. The company that had the financing will not send us the form for a lien release without a formal executor being appointed. As far as creditors, he only had 3 credit cards and they were covered by credit life policies. I have already been in contact with them and the balances have been written off/paid by the credit insurance company. We do not have the funds to hire an attorney at this point. Can I do it myself. I found a form online called 'Affidavit Transferring Certain Personal Property' K.S.A. 59-1507b for estates under $40,000.00. If I file this form with the court will I still need to request appointment of an estate administrator and/or go through probate? I was unable to find a form requesting that I be appointed as estate administrator and the court house staff were not helpful to me in this matter. Thank you.
04/19/2011 |
Category: Wills and Es... ยป Probate |
State: Kansas |
#24677
Answer:
If the value of all the estate assets are not more than $40,000, an heirship affidavit may be used without appointing a personal representative for the estate. Transfer of such personal property to the successor or successors shall be deemed to be a transfer to the personal representative of the decedent, and the receipt of the successor or successors shall constitute a full discharge and release from any further claim for such transfer to the same extent as if the transfer had been made to an executor or administrator of the decedent’s estate.