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Estate Affidavit Guide

Kansas Determination of Descent Checklist: How to File, Step by Step

This guide could not confirm whether the Kansas Judicial Council publishes a fill-in petition for a determination of descent (its forms page refuses automated downloads, and a search summary suggests its probate forms include one). K.S.A. 59-2202 and 59-2250 fix what the petition must contain; ask the district court clerk what your court expects. Either way, K.S.A. 59-2250 is what lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.

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This guide could not confirm whether the Kansas Judicial Council publishes a fill-in petition for a determination of descent (its forms page refuses automated downloads, and a search summary suggests its probate forms include one). K.S.A. 59-2202 and 59-2250 fix what the petition must contain; ask the district court clerk what your court expects. Either way, K.S.A. 59-2250 is what sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.

  1. Confirm the statute's conditions

    More than six months have passed since the death; no will was filed under K.S.A. 59-618a within six months after death; no petition to probate a will has been filed in Kansas; and no petition for administration has been filed in Kansas (K.S.A. 59-2250). You must be interested in the estate or claim an interest in the property.

  2. Search the court records

    Check the district court in the county where the decedent lived, and in any county where the decedent owned property, for a will filing, a probate or an administration. If one exists, the statute may not apply — see a Kansas attorney.

  3. Identify the property

    List each piece of real estate with its legal description and county, and any personal property the petition will cover, with values. The petition is filed in the district court of the county where the decedent lived or of any county where the property is located.

  4. Work out the heirs

    Without a will, Kansas's intestate succession statutes (K.S.A. 59-501 to 59-514) decide who takes: the surviving spouse gets everything if there are no children or descendants of a deceased child, and one-half if there are (K.S.A. 59-504); the rest passes under the statutes that follow. If the heirs have signed a valid settlement agreement, the court can decree under its terms. List each heir with relationship, age and address.

  5. Prepare and verify the petition

    A Kansas petition states the petitioner's name, residence and address; the petitioner's interest; the jurisdictional facts; the facts showing the petitioner is entitled to relief; and a prayer (K.S.A. 59-2202). Check the Judicial Council's legal-forms page for a probate petition form, and ask the district court clerk what format your court expects.

  6. File and pay the fee

    File with the clerk of the district court. The Kansas court fee schedule dated 08/20/2026 lists $71.50 for a Determination of Descent; Johnson County's page lists $73.00, which includes a county add-on. Publication and recording costs are separate.

  7. Give notice

    The court sets the hearing. For a decree that will assign real estate, publish the notice once a week for three consecutive weeks, mail the notice and a copy of the petition to every known heir within seven days after first publication, and expect the hearing 10 to 30 days after the last publication (K.S.A. 59-2209).

  8. Attend the hearing and obtain the decree

    On proof of the petition the court enters a decree assigning the property to the persons entitled under intestate succession or a valid settlement agreement (K.S.A. 59-2251).

  9. Record the decree for land

    A decree of descent is used as record evidence of who acquired the land. Where it is recorded is not set out in K.S.A. 59-2250 or 59-2251 — ask the register of deeds in the county where the land sits what it needs, and whether your title company wants anything more.

  10. Use the decree for what it does

    The decree declares who acquired the decedent's title; it does not create title, collect assets, or pay debts. A party served only by publication can have it opened within one year (K.S.A. 59-2252).

The steps that most often stall a court filing — and what to do if an institution asks for more once the order is entered — are covered in what slows it down and what resolves each .

Who publishes the form, and what the statute requires

This guide could not confirm whether the Kansas Judicial Council publishes a fill-in petition for a determination of descent (its forms page refuses automated downloads, and a search summary suggests its probate forms include one). K.S.A. 59-2202 and 59-2250 fix what the petition must contain; ask the district court clerk what your court expects. Whichever version you use, the requirements above — read directly against K.S.A. 59-2250 — are what a compliant filing has to satisfy.

The paperwork is only half of it

Notice, clearances, and what an institution asks for once the court's order is in hand are where a court-filed process loses time. 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. No ongoing newsletter.

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