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Kansas Probate Timeline
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Kansas Probate Timeline

An ordinary Kansas probate runs 6 to 12 months. The floor is the four-month creditor bar, and a will must be offered within six months of the death.

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An ordinary Kansas probate runs 6 to 12 months from the petition to the final decree, and an estate with an opposed will or land to sell runs past a year. Two statutory clocks set the floor under every estimate. Creditors get four months from the first published notice to exhibit their demands (K.S.A. 59-2239), and a will has to be offered for probate within six months of the death (K.S.A. 59-617).

Kansas hears every probate in the district court. All 105 counties use that one forum under K.S.A. 20-301, there is no separate probate court, and venue sits in the county where the decedent lived at death when the decedent owned an interest in real property there (K.S.A. 59-2203). The fiduciary is the personal representative, called an executor when a will names one and an administrator when it does not (K.S.A. 59-102(2)). This page describes how Kansas law works rather than how it applies to one estate, so confirm your own dates with the clerk holding the file or with a licensed Kansas attorney.

Three Kansas periods get run together on almost every website, and they answer different questions. Four months is the routine claim window, counted from the first published notice to creditors. Six months from the death is a separate and harder bar on creditors that operates whether or not anybody opens an estate. Six months from the death is also the outside date for offering a will at all. Only the first of the three moves when the personal representative moves.

Six Routes, Six Durations

The route decides the duration before any fact about the family does. K.S.A. 59-102 defines three modes of administration by name, simplified, supervised and informal, and names a fourth inside the definition of the second: supervised administration is administration under the probate code exclusive of the Kansas simplified estates act, the Kansas informal administration act and the refusal-to-grant-letters procedure. Kansas then puts two more routes outside administration altogether.

RouteTypical durationWhat ends it
Small estates affidavit (K.S.A. 59-1507b)Days, as fast as the holder actsThe bank or other holder transfers the personal property on the affidavit. No court file is opened
Refusal to grant letters (K.S.A. 59-2287)About 1 to 3 monthsAn order that no letters issue, followed by an order terminating the administration
Determination of descent (K.S.A. 59-2250)About 1 to 3 months, after a six-month waitA decree assigning the property to the persons entitled at the date of death
Informal administration (K.S.A. 59-3301 through 59-3306)One hearing, timed by the notice periodAn order assigning every asset, with bonds that run until the nonclaim period ends
Simplified administration (K.S.A. 59-3201 to 59-3206)6 to 12 monthsAn order closing the estate once three separate conditions are all met
Supervised administration6 to 12 monthsThe final decree under K.S.A. 59-2249

The two long routes share a band because the Kansas simplified estates act removes court supervision and leaves the waiting periods alone. The last section of this page walks each shortcut's clock.

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The Six-Month Wall on the Will

One Kansas date binds before any hearing exists. K.S.A. 59-617 says no will of a testator who died while a Kansas resident is effectual to pass property unless a petition for probate of that will is filed within six months after the death. Miss it and the property descends as though the will never existed.

Two doors stay open past that wall, and they work differently. K.S.A. 59-618a lets any person who has a decedent's will file it, or a copy, with the district court of the decedent's last residence together with an affidavit naming the heirs, legatees and devisees, stating that a copy went to each of them, and confirming that the filing preserves the will in case probate is needed later. An affidavit filed on or after July 1, 2023 also states whether the original or a copy is being filed. A will filed that way inside the six months may be admitted to probate after the six months run. K.S.A. 59-2287(e) does the same for a will filed in a refusal-of-letters proceeding.

K.S.A. 59-618 covers the other case, where somebody sat on the document. A person who has possession of the will, or knowledge of it and access to it for probate, and knowingly withholds it from the district court for more than six months after the death is liable for reasonable attorney fees, costs and all damages sustained by beneficiaries who had no possession, knowledge or access. Such a beneficiary may petition for probate within 90 days after gaining knowledge of the will and access to it. The section protects a good-faith purchaser who bought without knowledge of the will, so the late petition recovers the estate rather than the land already sold out of it. If the death is recent, work through what to do in the first weeks before the six-month clock eats the option.

Four Months of Creditor Time, Counted From the First Publication

The middle of a Kansas probate is built out of three sections that have to be read together. K.S.A. 59-709(a) makes every petitioner who files for administration or for probate of a will give notice to creditors under an order of the court within 30 days after that filing, published in a newspaper of the county authorized by law to publish legal notices, once a week for three consecutive weeks.

K.S.A. 59-2236(a) says what that notice contains. It states the date the petition was filed and notifies creditors to exhibit their demands within four months from the date of the first published notice, or be forever barred. The creditor notice is combined with the K.S.A. 59-2222 notice of hearing, with one exception worth knowing: where the hearing notice is waived under K.S.A. 59-2223, the creditor notice has to be published separately. Waiving the hearing notice speeds up the hearing and buys nothing on the creditor side.

K.S.A. 59-2239(1) then does the cutting. All demands against the estate, whether due or to become due, absolute or contingent, including demands of the state and the individual demands of executors and administrators, are forever barred from payment unless presented within the later of four months from first publication, or, where the creditor's identity is known or reasonably ascertainable, 30 days after actual notice was given. A will provision requiring payment of a demand exhibited later controls over the bar. K.S.A. 59-709(b) puts the duty of actual notice on the personal representative and requires it before the nonclaim period expires, and K.S.A. 59-2236(b) says that notice may be as simple as mailing a copy of the published notice first class once identities and addresses are known.

The same subsection carries the harder bar. No creditor holds any claim against or lien upon the property of a decedent, other than liens existing at the date of death, unless a petition for probate of the will under K.S.A. 59-2220 or for administration under K.S.A. 59-2219 is filed within six months after the death and the creditor exhibits the demand in the manner and time the section prescribes. That one runs from the death rather than from any notice, and it applies whether or not anyone opens an estate. K.S.A. 59-709(c) follows the logic to its end: no creditor notice is needed at all when the petition is filed after the K.S.A. 59-2239 period has already run. One class survives, under K.S.A. 59-2239(2), which preserves a tort claim against the personal representative for the ordinary limitations period and lets the estate be opened or reopened with a special administrator for that purpose.

Here is the sequence for an estate where the petition goes in the week after the death.

StepStatuteWhen
Petition for probate or administration filedK.S.A. 59-2219, 59-2220Any time, subject to the six-month will deadline
Order fixing the time and place of hearingK.S.A. 59-2222On the filing
First publication of noticeK.S.A. 59-709(a), 59-2209(a)Within 30 days of the filing and of the order
Copies mailed to heirs, devisees and legateesK.S.A. 59-2209(a)Within 7 days after the first published notice
Hearing on the petitionK.S.A. 59-2209(a)10 to 30 days after the last publication
Elective-share notice mailed to the surviving spouseK.S.A. 59-2233(a)Within 10 days of qualification
Inventory and valuation filedK.S.A. 59-1201Within 30 days of the letters of appointment
Creditor claims barredK.S.A. 59-2236(a), 59-2239(1)4 months after the first published notice
Settlement dueK.S.A. 59-15019 months from the appointment, extendable

Every later date hangs off the publication in the third row, which is why the four-month creditor bar decides whether an estate closes in month six or month eleven.

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The First Month Has Its Own Arithmetic

K.S.A. 59-2222(a) makes the court fix the time and place of the hearing when a petition is filed for probate of a will, for a determination that a spouse's consent is valid and binding, for administration, or for refusal to grant letters. Notice then goes out under K.S.A. 59-2209 unless the court orders otherwise.

K.S.A. 59-2209(a) is where the first month's calendar comes from. Notice runs once per week for three consecutive weeks in a county newspaper authorized to publish legal notices. The first publication has to be made within 30 days after the order fixing the time and place. Within seven days after that first published notice, the petitioner mails a copy to each heir, devisee and legatee whose name and address is known, other than the petitioner. The hearing then sits no earlier than 10 days and no later than 30 days after the date of the last publication.

K.S.A. 59-2223 is the shortcut. Where all the parties interested as heirs, devisees and legatees enter their appearance in writing, duly acknowledged, waive the notice otherwise required and consent to an immediate hearing, the court may hold the hearing as if notice had been given. A trustee, conservator, guardian or guardian ad litem may do it on behalf of everyone they represent. That is how a cooperative Kansas family gets letters inside two weeks instead of waiting out three weeks of publication plus the 10-to-30-day gap that follows it, and it changes nothing about the creditor publication.

One more date belongs to the first two weeks. Under K.S.A. 59-2233(a), within 10 days of the executor or administrator qualifying, of a refusal-of-letters petition being filed, or of a K.S.A. 59-618a affidavit being filed, the representative mails the surviving spouse a copy of the will along with a notice that the spouse may have a right to take a share of property owned by the decedent at death and of transfers made before death. Proof is by affidavit filed with the court. Skipping that letter keeps the question open for longer, because the election period in K.S.A. 59-6a211(a) runs from the later of the death or that notice.

The Inventory in 30 Days, the Settlement in Nine Months

K.S.A. 59-1201 gives the personal representative 30 days from the date of the letters of appointment, unless the court grants longer, to make a verified inventory stating the full and fair value as of the date of death of all Kansas real estate and tangible personal property and of all intangible property wherever located that comes into the representative's possession or knowledge. The inventory classifies property five ways: real estate with a plat or survey description; furniture, household goods and wearing apparel; corporate stock by certificate number; bonds, mortgages, notes and other written evidence of debt; and everything else, accurately identified. A partnership interest gets a separate inventory of the whole partnership estate and the decedent's share of it. The court may order an earlier inventory for good cause.

K.S.A. 59-1501 sets the outer frame. Every executor and administrator has nine months from the date of appointment to settle the estate, and for cause shown the court may extend that period in further blocks of no more than nine months at a time. A representative who fails or refuses for 30 days after the nine months to settle may be cited by the court, and all costs of the citation and the hearing on it fall on the representative personally rather than on the estate. The section adds that the representative is not relieved from any loss, liability or penalty incurred by settling late. Those dates belong to the executor's dated duties, and they all run from the same appointment order.

Two family clocks run alongside them and both can hold a case open. A surviving spouse elects against the will by filing a petition for the elective share in the court and mailing or delivering it to the personal representative within six months after the death, or within six months after the K.S.A. 59-2233 notice, whichever limitation expires later (K.S.A. 59-6a211(a)). Filing later than six months after the death costs the spouse the nonprobate transfers in the augmented estate, unless the spouse petitioned inside the six months for an extension and gave notice to everyone interested in those transfers. Separately, K.S.A. 59-2292(a) requires a disclaimer instrument to be filed within nine months after the latest of the death, the date the taker becomes finally ascertained with an interest indefeasibly fixed in quality and quantity, or the date the taker turns 21.

How a Kansas Estate Ends

Closing runs on two sections. K.S.A. 59-2247 sets out what the petition for final settlement and accounting contains: a statement of the account, the names, residences and addresses of the heirs, devisees and legatees, a description of the real estate and the decedent's interest in it at death, the nature and character of the respective claims, and a statement about whether medical assistance was paid to the decedent or to a predeceased spouse, naming the state that paid it and confirming that state was notified of the filing. Where title to real estate is to be assigned by the court, notice of the hearing goes out under K.S.A. 59-2209. In every other case notice is given or waived under K.S.A. 59-2208, which lets the court order notice in the manner and for the length of time it considers reasonable.

K.S.A. 59-2249(a) governs the hearing itself. The executor or administrator is examined about the account and the distribution, and other people may be. Once the taxes payable by the estate are paid so far as there are funds to pay them and the account is correct, the court settles and allows it, corrects it first if it is wrong, then determines the heirs, devisees and legatees entitled to the estate and assigns it to them by decree under the will, under the intestate succession law that applied on the date of death, or under a valid settlement agreement. The decree names them, describes the property and states each proportion, and it binds as to all the estate, described in the proceedings or not. Where the decree includes real estate, the court transmits a certified copy to the county clerk for the transfer record. The final account and settlement covers what that account has to show.

Finality is quick once the decree lands. K.S.A. 59-2213 gives the court control of its orders, judgments and decrees for 30 days after they are rendered, after which they can be vacated or modified only under K.S.A. 60-260(b). K.S.A. 59-2401 lists the appealable orders in a decedent's estate, including an order admitting or refusing to admit a will to probate, a judgment or decree of partial or final distribution, and an order granting or denying final discharge, and it gives 30 days from entry for an appeal from a district magistrate judge to a district judge. An appeal from the district court to an appellate court runs in the manner chapter 60 provides for other civil cases.

Add the pieces and the statutory floor appears. On the published-notice path the hearing lands between 24 and 74 days after the order that fixes it. The first publication may run on the day of that order or as late as 30 days after it, the second and third weekly insertions add another 14 days, and K.S.A. 59-2209(a) then seats the hearing no earlier than 10 days and no later than 30 days after the last insertion. Publication runs inside 30 days of the filing, the creditor clock takes four months from that first notice, the inventory is due at day 30, and the final settlement petition carries a notice period of its own. A supervised estate that hits every date reaches a decree near month six. Most estates miss a date somewhere, which is where the 6 to 12 month band comes from.

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The Faster Routes Run on Different Clocks

The small estates affidavit never opens a case. Where a Kansas resident dies, testate or intestate, and the total assets of the estate subject to probate do not exceed $75,000 in value, K.S.A. 59-1507b transfers any personal property of whatever nature that is transferable to the estate to a successor, without letters, on an affidavit furnished to the entity or person holding it. The receipt discharges that holder as fully as payment to an executor would. A successor is a person entitled by will or by intestate succession, or nominated as personal representative under the will, so a will does not close this route. K.S.A. 59-1507b(b) makes the affidavit sufficient when it is in substantial compliance with the form the Kansas Judicial Council sets, and the section imposes no waiting period at all. Watch the scope split, because the measure and the mechanism are two different things. The $75,000 test measures the estate subject to probate, which counts a house that is subject to probate, while the affidavit itself moves personal property only. A family with a $60,000 house and $30,000 of accounts is over the line, and even under it the affidavit could not have moved the house.

Refusal to grant letters ends the case with an order rather than an administration. K.S.A. 59-2287(a) lets the district court, in its discretion, refuse to grant letters in two situations. Under (a)(1), where the value of the real or personal property the decedent owned is not greater than the exempt property plus the K.S.A. 59-403 allowance to the surviving spouse or minor children. Under (a)(2), where the real and personal estate does not exceed $75,000 and the estate is either not subject to K.S.A. 59-403 allowances or those allowances are waived, an heir, devisee, legatee, creditor or other interested person may petition by giving bond of not less than the value of the estate, approved by the court and conditioned on paying the decedent's debts in the order of their preference so far as the assets permit and distributing the balance. Real estate sold under the section is deemed to have marketable title as the court orders, and no creditor, heir or other person is deemed to have an interest after six months from the date of death. Where a surviving spouse or minor children petition, notice goes out under K.S.A. 59-2222, and that notice tells everyone that exempt property and a reasonable allowance will be set aside and that no further notice of the proceeding will be given. When further proceedings look unnecessary the court enters an order terminating the administration, without notice unless it orders otherwise.

A determination of descent waits six months and then moves. K.S.A. 59-2250 opens once a person has been dead for more than six months and left property, and it requires three things to be true: no will was filed under K.S.A. 59-618a within six months of the death, no petition for probate of a will has been filed in Kansas, and no petition for administration has been filed here or administration was had without a determination of descent. Any person interested in the estate or claiming an interest in the property may petition the district court of the county of residence or of any county where the property sits. This is the ordinary Kansas answer for a family that finds an unprobated house years later.

Simplified administration removes the court's supervision and leaves the clock alone. The court decides which way an estate goes at the hearing on the petition for appointment or for probate of a will where administration is sought under the act, and K.S.A. 59-3202 lets it consider the size of the estate, the degree of kinship of the heirs, devisees and persons seeking appointment, the solvency of the estate, the nature of the estate, the wishes of the heirs and devisees, the probable cost of administration and settlement, and any other pertinent matters. Letters issued under the act say so on their face (K.S.A. 59-3203(c)), and the act does not remove any required notice of a petition to sell, lease or mortgage real property (K.S.A. 59-3203(d)). After letters issue, K.S.A. 59-3205 requires no further court supervision until the court orders the estate closed, with two exceptions: a petition for a judicial determination of a single proceeding or act that does not ask for supervised administration for the rest of the case, and a change to supervised administration under K.S.A. 59-3206. Closing waits on three conditions together. The time for filing claims must have expired, the time to appeal an order admitting or refusing to admit a will to probate must have expired, and six months from the date of death must have expired. Only then may the court order the estate closed under K.S.A. 59-2247 and 59-2249, which is why a simplified estate lands in the same 6 to 12 month band as a supervised one.

Informal administration compresses the case into one hearing and pays for it with bonds. Any person interested in an estate may petition under the Kansas informal administration act, and K.S.A. 59-3302(b) makes that petition carry the work an ordinary case spreads over months: an inventory and valuation or appraisal of all the assets, a listing of the decedent's debts both paid and unpaid, an estimate of the costs and expenses including reasonable fees, a statement of the specific moneys proposed to pay the unpaid debts and expenses, the form of disposition requested with the will or settlement agreement attached, the reasons informal administration is appropriate, the bond proposed, and a fallback if the court says no. Notice of hearing follows K.S.A. 59-2209 where title to real estate is to be assigned and K.S.A. 59-2208 otherwise, with a copy of the petition and every attachment mailed alongside (K.S.A. 59-3303). If the court finds the estate can be completely administered this way, K.S.A. 59-3304(a) orders informal administration and assigns all the assets remaining after family allowances, debts and expenses straight to the legatees, devisees, heirs or other persons entitled. The bonds are the price. The person ordered to pay debts and expenses files a bond of at least 125% of the money authorized unless a testamentary instrument excuses it, and any distributee who takes property under an order made before six months from the date of death or before any nonclaim period has run gives a redelivery bond in the amount of what was assigned. Those bonds run until the nonclaim period ends.

What Pushes a Kansas Estate Past a Year

  1. An opposed will. K.S.A. 59-2224 lets any heir, devisee or legatee prosecute or oppose the probate of a will at the hearing itself. Unless the will is uncontested and self-proved, the testimony of at least two subscribing witnesses has to be taken in person, by affidavit or by deposition, and the court may waive that only on a showing that the witnesses are unavailable or cannot be located.
  2. A second will surfacing. Where another instrument is presented after a petition for probate is on file, K.S.A. 59-2225 adjourns the first hearing to the date set for the later petition, and the court then takes proof on all of the instruments together and decides which one to allow.
  3. The elective share. A surviving spouse may petition for an extension of the election period, and where the court grants it the nonprobate transfers stay inside the augmented estate (K.S.A. 59-6a211(b)). Nothing final happens while that is pending.
  4. Real property that has to be sold. A petition to sell, lease or mortgage real property keeps its notice requirement even in a simplified estate (K.S.A. 59-3203(d)), and the decree waits on the sale.
  5. A change from simplified to supervised. Any interested person may object, or the representative may state that the estate cannot be administered advantageously under the act, and K.S.A. 59-3206 sends the question to a hearing. A change does not require republication of a creditor notice already published and does not invalidate a proper inventory, so the creditor clock survives the switch even though the calendar stretches.
  6. A federal estate tax return, where one is required. Kansas has no state return waiting behind it. Both Kansas estate tax acts were repealed, and K.S.A. 79-15,254 closes the later one for any estate that did not file a Kansas estate tax return before January 1, 2020.
  7. A disclaimer that reshapes the shares. The nine-month window in K.S.A. 59-2292(a) can land after the four-month creditor bar has already closed, and the distribution has to wait for it.

No Outer Limit on Opening, Two Doors That Close

Kansas sets no deadline for opening an administration. The pressure comes from two six-month clocks that both run from the death and point in opposite directions. K.S.A. 59-617 costs the family the will if nobody petitions in time. K.S.A. 59-2239(1) costs the creditors every claim and lien other than liens existing at the death if no petition is filed in that same window, which means a family that waits has quietly cleared the unsecured creditors off the estate.

That is the trade behind a delayed Kansas probate, and it is why the answer depends on what the estate holds. Where the decedent left a will and a house, the six-month petition deadline governs everything. Where the decedent left no will, no unpaid debts anyone is chasing, and a house that needs its title cleared, K.S.A. 59-2250 was written for exactly that case and opens on the day the six months run out. If you are still deciding which route fits, start with first steps after a death in Kansas and then find your district court by county.

Frequently Asked Questions

How long does probate take in Kansas?

Six to twelve months for an ordinary supervised or simplified administration in the district court, and longer where a will is opposed or land has to be sold. The floor is statutory. Notice to creditors goes out within 30 days of the petition (K.S.A. 59-709), creditors then get four months from the first published notice (K.S.A. 59-2239), the inventory is due 30 days after letters (K.S.A. 59-1201), and the code gives the personal representative nine months from appointment to settle (K.S.A. 59-1501). An estate that hits every date can reach a final decree near month six.

What is the deadline to file a will in Kansas?

Six months after the death. K.S.A. 59-617 says no will of a testator who died a Kansas resident passes property unless a petition for probate of that will is filed within six months. Two doors stay open past it. Under K.S.A. 59-618a, filing the will or a copy with the district court inside the six months, along with the statutory affidavit, lets the will be admitted later. Under K.S.A. 59-618, where someone knowingly withheld the will for more than six months, a beneficiary who had no possession of it and was without knowledge of it and access to it may petition within 90 days after gaining that knowledge and access.

When are creditors cut off in a Kansas probate?

On the later of four months from the first published notice to creditors, or 30 days after actual notice where the creditor is known or reasonably ascertainable (K.S.A. 59-2239(1) and 59-2236(a)). A second and harder bar sits beside it. No creditor holds any claim against or lien upon the decedent's property, other than a lien existing at the death, unless a petition for probate or administration is filed within six months of the death and the creditor exhibits the demand on time. That six-month bar runs whether or not anyone opens an estate.

What is the fastest way to settle a small estate in Kansas?

The small estates affidavit under K.S.A. 59-1507b, which opens no court file and carries no waiting period. Where the total assets of the estate subject to probate do not exceed $75,000, a successor gives the affidavit to whoever holds the property and the holder transfers it. Read the scope split carefully. The $75,000 measure counts real property that is subject to probate, and the affidavit itself reaches only personal property, so a house counts toward the limit and still cannot be transferred this way.

How long does simplified administration take in Kansas?

About 6 to 12 months, the same band as a supervised estate, because the Kansas simplified estates act removes court supervision rather than the waiting periods. K.S.A. 59-3205 lets the court order the estate closed only once three conditions are all satisfied: the time for filing claims has expired, the time to appeal an order admitting or refusing to admit a will has expired, and six months from the date of death have expired. The court decides at the appointment hearing whether an estate is simplified or supervised (K.S.A. 59-3202).

Is there a deadline to open probate in Kansas?

Kansas sets no outside deadline for opening an administration, and two six-month clocks still run from the death. A will has to be offered within six months (K.S.A. 59-617), and creditors lose every claim and lien other than liens existing at the death unless a petition is filed within six months (K.S.A. 59-2239(1)). Once someone has been dead more than six months with no will filed and no probate petition on file, the ordinary route for clearing title is a petition to determine descent under K.S.A. 59-2250.

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Information current as of September 8, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.