Intestate Succession in Kansas

What happens if you die without a will? Learn about intestacy in Kansas.

Updated by , Attorney · George Mason University Law School

If you die without a will in Kansas, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Kansas.

Which Assets Pass by Intestate Succession

Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:

  • property you've transferred to a living trust
  • life insurance proceeds with a named beneficiary
  • funds in an IRA, 401(k), or other retirement account with a named beneficiary
  • securities held in a transfer-on-death account
  • real estate for which you have a transfer on death deed
  • vehicles for which you have a transfer on death registration
  • payable-on-death bank accounts, or
  • property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Kansas.

Who Gets What in Kansas?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:

If you die with:

here's what happens:

children but no spouse children inherit everything
spouse but no descendants spouse inherits everything
spouse and descendants spouse inherits 1/2 of your intestate property

descendants inherit 1/2 of your intestate property
parents but no spouse or descendants parents inherit everything
siblings but no spouse, descendants, or parents siblings inherit everything

(Kan. Stat. §§ 59-504; 59-506; 59-507; 59-508 (2024).)

The Spouse's Share in Kansas

In Kansas, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—that is, children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property 50/50. (Kan. Stat. §§ 59-504; 59-506 (2024).)

Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright; it is not intestate property. Jed also inherits $100,000 worth of Barrett's additional property. Barrett's daughter inherits the remaining $100,000 share of Barrett's property.

Children's Shares in Kansas

If you die without a will in Kansas, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)

For children to inherit from you under the laws of intestacy, the state of Kansas must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.

  • Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. (Kan. Stat. § 59-501 (2024).)
  • Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
  • Children placed for adoption. In Kansas, children you placed for adoption and who were legally adopted by another family are entitled to an intestate share of your estate. (Kan. Stat. § 59-2118 (2024).)
  • Posthumous children. Children conceived by you but not born before your death will receive a share. (Kan. Stat. § 59-501 (2024).)
  • Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate if your paternity has been established under Kansas law. (Kan. Stat. § 59-501 (2024).)
  • Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. (Kan. Stat. § 59-506 (2024).)

This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.

Will the State Get Your Property?

If you die without a will and don't have any family, your property will "escheat" into the state's coffers. (Kan. Stat. § 59-514 (2024).)

However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins, up to the sixth degree of relation.

Other Kansas Intestate Succession Rules

Here are a few other things to know about Kansas intestacy laws.

  • Survivorship period. To inherit under Kansas intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. (Kan. Stat. § 58-709 (2024).)
  • Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.
  • Someone who causes your death. Someone who feloniously kills you or arranges for you to be killed will not receive a share of your property. (Kan. Stat. § 59-513 (2024).)
  • Advancements. If you leave property to a relative as an advancement on their inheritance, the amount of this gift is subtracted from the relative's share at the time of your death. (Kan. Stat. § 59-510 (2024).)

Learn More

To learn more about intestate succession, read How an Estate Is Settled If There's No Will.

You can find Kansas's intestate succession law here: Kansas Statutes §§ 59-501 to 59-514.

For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.

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