Who Inherits If You Die Without a Will in Kansas

If there is a surviving spouse and no children or descendants of a deceased child, the spouse inherits everything. If there are children or descendants, the spouse inherits one-half and the children share the other half equally (descendants of a deceased child take that child's share). With no spouse, the children (and descendants of deceased children) inherit everything. With no spouse or descendants, the parents inherit; if no parents, the property passes to the parents' heirs (such as siblings and their descendants). Property does not pass to relatives further than the sixth degree except by direct descent.

A surviving spouse of a Kansas resident may elect a percentage of the augmented estate (probate estate plus certain nonprobate transfers and the spouse's own property) that grows with the length of the marriage: 3% after one year up to 50% after 15 years or more. If the spouse's total is less than $100,000, a supplemental amount brings it up to $100,000. The election is made by filing a petition within six months after the death or six months after notice of the right to elect, whichever is later; the court can extend the time if asked within six months after death.

If the total probate assets of a Kansas resident do not exceed $75,000, personal property (for example bank accounts and vehicles) can be transferred to a successor without opening probate, by giving the holder an affidavit showing entitlement. A successor is a person entitled to the property under the will or by intestate succession, or the person named as executor in the will. The affidavit is sufficient if it substantially follows the Kansas Judicial Council form; it is not filed with the court. It covers personal property only, not real estate. The statute does not set a waiting period.