What Happens if You Die Without a Will in Kansas?
If you die intestate in Kansas (when there is no will present), the state has already decided who inherits. This is based on the structure of your marriage and family. Here's the breakdown.
If You are Married with Children
Kansas keeps this fairly straightforward. Your spouse and your descendants split your intestate property evenly.
Your spouse inherits 1/2 of your intestate property. Your children (or their descendants, if a child predeceased you) inherit the other 1/2.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living children.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit your entire estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
When no living relatives can be identified, your assets go to the state of Kansas, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in Kansas
- Children you placed for adoption, and who were legally adopted by another family, are still entitled to an intestate share of your estate under Kansas law.
- Children conceived before your death but not yet born will still receive a share.
- Stepchildren only inherit if they were legally adopted.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Kansas, your estate may still avoid formal letters of administration if the total assets subject to probate are $75,000 or less. Larger estates go through the District Court, Probate Division.
Check out our article to learn more about probate in Kansas.
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