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Terms Used In Kansas Statutes 59-2250

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Probate: Proving a will
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

Whenever any person has been dead for more than six months and has left property or any interest in property, any person interested in the estate or claiming an interest in such property may petition the district court of the county of the decedent‘s residence, or of any county where property or any interest in property of the decedent is situated, to determine its descent under the laws of intestate succession or under the terms of a valid settlement agreement if:

(a) No will has been filed under Kan. Stat. Ann. §§ 59-618a and amendments thereto within six months after death;

(b) no petition has been filed for the probate of a will in this state; and

(c) no petition for administration has been filed in this state or administration has been had without a determination of the descent of the property.