How Long Does Kansas's Determination of Descent Take?
The statute sets the shape of the timeline: more than six months after the death before you can file; then, for a decree that assigns land, publication once a week for three consecutive weeks (the first within 30 days after the order setting the hearing) and a hearing 10 to 30 days after the last publication, so a hearing cannot come sooner than about 24 days after publication starts. The court sets the hearing date, and the clerk's calendar decides the rest. No source reviewed states how long a petition takes from filing to decree, so this guide does not give a total. This is informational only and is not legal advice.
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The short answer
The statute sets the shape of the timeline: more than six months after the death before you can file; then, for a decree that assigns land, publication once a week for three consecutive weeks (the first within 30 days after the order setting the hearing) and a hearing 10 to 30 days after the last publication, so a hearing cannot come sooner than about 24 days after publication starts. The court sets the hearing date, and the clerk's calendar decides the rest. No source reviewed states how long a petition takes from filing to decree, so this guide does not give a total.
What slows families down
- The court's own docket. Kansas requires determination of descent to be filed with and approved by the court, so local scheduling — which varies by county — sets the floor on how fast this can move, independent of anything you control.
- The decedent has not been dead more than six months. The statute applies only to a person who "has been dead for more than six months." Before that, the estate is handled by probate or administration.
- A will was filed under K.S.A. 59-618a within six months. The statute requires that no will was filed under K.S.A. 59-618a within six months after death. A will filed in that time forecloses this route.
Why the delay matters: a missing interested person or a notice defect typically means re-noticing, and every week the property stays unassigned is a week a sale, transfer, or account closing stays stuck. The next step is the step-by-step filing sequence.
What actually sets the timeline
The court's calendar and the required notice and clearance steps — not how fast you gather documents. 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.