Skip to content
Estate Affidavit Guide

Do You Need a Lawyer for Kansas's Determination of Descent?

The statute lets any person interested in the estate, or claiming an interest in the property, petition (K.S.A. 59-2250). But the petition has to meet K.S.A. 59-2202, and the process includes published and mailed notice and a hearing. This research did not find a court page saying a descent petition can be filed without a lawyer. Where heirs are disputed, unknown or hard to find, where an estate was ever opened or a will might exist, or where land is being sold on a deadline, a licensed Kansas attorney is worth the fee. A lawyer is not required by the statute. This is informational only and is not legal advice.

Last reviewed

What an attorney typically charges

A probate attorney typically charges $1,500–$4,200+ to handle determination of descent in Kansas — work that is, in practice, preparing and filing a court petition under K.S.A. 59-2250, giving the required notice, and appearing at the hearing.

What you can typically do yourself

The statute lets any person interested in the estate, or claiming an interest in the property, petition (K.S.A. 59-2250). But the petition has to meet K.S.A. 59-2202, and the process includes published and mailed notice and a hearing. This research did not find a court page saying a descent petition can be filed without a lawyer. Where heirs are disputed, unknown or hard to find, where an estate was ever opened or a will might exist, or where land is being sold on a deadline, a licensed Kansas attorney is worth the fee. A lawyer is not required by the statute.

When the fee is worth it anyway: a contested estate, disputed heirship, unresolved debts beyond what K.S.A. 59-2250 allows, or real property with a complicated title history. Those are fact-specific questions this guide doesn't answer — for them, consult a licensed Kansas attorney regardless of which mechanism applies.

Either way, know before you go

Whether you hire an attorney or file it yourself, the same steps decide how smoothly it goes. See where a court-filed process slows or stalls and what resolves each.

Whichever way you go, these are the steps that decide how smoothly it goes

Not the petition itself — the notice, clearance, and follow-up steps around it. Free one-pager: what to have ready at each step, emailed now. Then a few short follow-ups over the next few weeks — then we stop.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.

Common questions

Is Determination of Descent in Kansas something you can do without a lawyer?
The statute lets any person interested in the estate, or claiming an interest in the property, petition (K.S.A. 59-2250). But the petition has to meet K.S.A. 59-2202, and the process includes published and mailed notice and a hearing. This research did not find a court page saying a descent petition can be filed without a lawyer. Where heirs are disputed, unknown or hard to find, where an estate was ever opened or a will might exist, or where land is being sold on a deadline, a licensed Kansas attorney is worth the fee. A lawyer is not required by the statute. This is informational only and is not legal advice.