KS risk area
Intestacy risk in Kansas
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Kansas
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Kansas.