Determination of Descent vs. Full Probate in Kansas: Which Applies?
A determination of descent is not an alternative to collecting an estate: it declares who inherits the property the petition describes and assigns it by decree (K.S.A. 59-2250, 59-2251). It is available only after six months with no will filed, no will probate and no administration petition; before that, or if any of those exists, the estate is handled in probate. To move a bank account or other personal property under a dollar limit without any court, the small estates affidavit (K.S.A. 59-1507b) is the route for assets subject to probate of $75,000 or less; above that, a Kansas administration is needed. This is informational only and is not legal advice.
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What makes Determination of Descent different from full probate
A determination of descent is not an alternative to collecting an estate: it declares who inherits the property the petition describes and assigns it by decree (K.S.A. 59-2250, 59-2251). It is available only after six months with no will filed, no will probate and no administration petition; before that, or if any of those exists, the estate is handled in probate. To move a bank account or other personal property under a dollar limit without any court, the small estates affidavit (K.S.A. 59-1507b) is the route for assets subject to probate of $75,000 or less; above that, a Kansas administration is needed.
When this route is not the one that applies
- A will was filed, or a probate or administration was opened. The statute applies only if no will was filed under K.S.A. 59-618a within six months, no will probate petition has been filed, and no petition for administration has been filed. If any of those happened, the estate is handled in that proceeding.
- The goal is to collect property and pay debts, not to establish who inherits. A descent decree assigns the property to the heirs; it does not collect assets, liquidate them, or pay creditors. For personal property under $75,000, the small estates affidavit does the collecting; above that, administration does.
Why it's worth checking first: choosing the wrong route costs filing fees and weeks of notice and hearing time. Confirm which route's conditions your facts meet before filing — see what qualifies for Determination of Descent in Kansas.
Once you know which route applies, here's the next snag
Whichever route fits, the notice, clearance, and follow-up steps are where families lose 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.