What You Need to Know About Simplified Probate Procedures.
If you’ve recently lost a loved one and are facing the question of whether you need to open a full probate case, you may be relieved to learn that both Kansas and Missouri offer simpler probate options for smaller estates. These streamlined processes can save families time, money, and stress—but only if the estate qualifies.
Here’s a general overview of the small estate options available in each state.
Small Estate Affidavit in Missouri
In Missouri, if the total value of the estate (minus liens or encumbrances) is less than $40,000, and at least 30 days have passed since the person’s death, an heir or creditor may file a small estate affidavit with the local probate court.
This option avoids a full probate proceeding and can be used to collect assets like bank accounts, personal property, and even vehicles. Real estate can also be included in some cases, but there may be additional steps.
To use this method, the person filing must swear that all debts, taxes, and claims will be paid and that the heirs are correctly listed. In addition, you will need the consent of ALL heirs, or the application will be required to obtain a bond. Finally, if the value of the estate is over $15,000.00, or if the asset is real property, publication of the proceedings is required which adds three weeks to the timeline.
Refusal of Letters in Missouri
If the only asset left behind is a small amount of money—often under $15,000—and a surviving spouse or minor child is the intended recipient, Missouri law may allow what’s called a Refusal of Letters. This is a simple filing that lets the surviving family collect those funds without opening an estate.
This option is frequently used when someone dies with a small bank account or last paycheck.
Kansas Small Estate Affidavit
Kansas also allows for a simplified process through a Kansas small estate affidavit. The estate must be valued at less than $75,000, and the affidavit can be used to claim property without opening a formal probate case.
This affidavit can be presented to banks, title companies, and other institutions to collect or transfer property to the rightful heirs. The affidavit must state that there is no pending application for letters of administration and that the person signing it is entitled to the property.
Unlike Missouri, Kansas doesn’t require a 30-day waiting period, but many banks or financial institutions may still impose one as part of their internal policies.
When Full Probate May Still Be Required
Even if the estate is small, full probate might still be needed in certain situations—such as disputes between heirs, unclear asset ownership, or real estate that cannot be transferred by affidavit. Consulting with a probate attorney can help determine the best course of action.
Final Thoughts
The loss of a loved one is difficult enough without facing a complicated legal process. Fortunately, Kansas and Missouri both provide streamlined probate options for smaller estates. If you believe your situation might qualify, consider speaking with a probate attorney to review your options and ensure the process is handled correctly.
This post is for general informational purposes only and is not intended to provide legal advice. For help with your specific situation, please contact a licensed probate attorney in your area.