What Qualifies for Kansas's Determination of Descent?
Kansas's Determination of Descent has no dollar ceiling under K.S.A. 59-2250; eligibility instead turns on the specific statutory conditions below. This is informational only — we don't determine your eligibility for you.
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The statutory line, exactly
Kansas's Determination of Descent has no dollar ceiling — eligibility instead turns on the specific conditions K.S.A. 59-2250 sets out, evaluated by the court when the application is filed. There's no total to add up before you know whether it applies.
The mistakes that actually sink an otherwise-eligible estate
6 reasons account for most of the rejections Kansas families run into — cited to the specific K.S.A. 59-2250 section behind each one, not general advice:
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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. — K.S.A. 59-2250
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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. — K.S.A. 59-2250(a)
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A petition to probate a will has been filed. Condition (b) is that no petition has been filed for the probate of a will in Kansas. — K.S.A. 59-2250(b)
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A petition for administration has been filed. Condition (c) is that no petition for administration has been filed in Kansas, or administration has been had without a determination of the descent of the property. If an estate was opened, get advice on how that condition applies before filing. — K.S.A. 59-2250(c)
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The petitioner has no interest in the estate or the property. Only "any person interested in the estate or claiming an interest in such property" may petition. — K.S.A. 59-2250
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The petition leaves out a required item, or notice was not completed. The petition must contain the K.S.A. 59-2202 items. When the decree will assign real estate, notice must be published for three consecutive weeks and mailed to each known heir, with the hearing 10 to 30 days after the last publication. — K.S.A. 59-2202; K.S.A. 59-2209; K.S.A. 59-2251
Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Determination of Descent in Kansas, step by step.
Once you know it applies, this is what trips families up next
Not the eligibility conditions — the notice, clearance, and follow-up steps after you file. 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.