KS risk areas
Kansas estate risk areas
These pages explain how default state rules in Kansas shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
Kansas uses an elective share based on the augmented estate and provides a statutory allowance for spouses and minor children.
- A surviving spouse may elect an augmented-estate share that increases with the length of the marriage.
- The spouse and minor children can receive exempt property plus a court-ordered allowance (up to $75,000) that is not liable for most debts.
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