KS state guide
Kansas estate risk overview
This guide explains how estate outcomes work in Kansaswhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Kansas intestacy gives the surviving spouse all if there are no children or other issue; otherwise the spouse and descendants split the estate, with remaining heirs determined by statute.
- If a spouse survives and there are no children or issue, the spouse inherits the entire intestate estate.
- If a spouse and children or other issue survive, the spouse receives one-half and the children or issue share one-half by representation.
- If there is no spouse, children or issue inherit the entire estate by representation.
- If there is no spouse or issue, the estate passes to the parents; if no parents, to the heirs of the parents.
- If no statutory heirs exist, the estate can pass to heirs of a last spouse or escheat to the state.
- If a child predeceases the decedent, that child's issue collectively take the share the child would have received.
Sources
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_005_0004.html
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_005_0006.html
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_005_0007.html
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_005_0008.html
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_005_0014.html
- https://www.nolo.com/legal-encyclopedia/intestate-succession-kansas.html
Probate process
Kansas allows transfer of personal property by affidavit when probate assets are within a statutory cap, avoiding the need for letters.
- Affidavit transfers are available when probate assets do not exceed $75,000.
- The affidavit is provided to the entity holding the property and allows transfer without letters.
- Successors include persons entitled under a will or intestate succession or a nominated personal representative.
- The affidavit must be presented to the person holding the property to obtain transfer without letters.
Estate and inheritance tax exposure
Kansas does not impose a state estate or inheritance tax.
- No Kansas estate tax.
- No Kansas inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Kansas courts appoint guardians for minors after a hearing, with priority given to parental nominees and to a minor’s nominee if age 12 or older.
- The court appoints a guardian after a hearing if the appointment is proper.
- A parent’s nominee in a will or other record has priority unless contrary to the minor’s best interest.
- If no parent nominee is appointed, a minor age 12 or older may nominate a guardian, subject to best-interest review.
- Guardianship orders must provide notice obligations to parents and other designated persons.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Risk areas
Explore estate risk dimensions in Kansas
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Kansas
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Kansas
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Kansas
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.