Detailed Answer
Under the Kansas Wrongful Death Act (K.S.A. § 60-1901 et seq.), a personal representative must collect damages, pay debts and expenses, then distribute the net proceeds to “distributees” in defined shares. The key steps are:
- Appointment of a Personal Representative: The court appoints an administrator or executor under K.S.A. § 60-1902 (link).
- Identify Distributees: Per K.S.A. § 60-1905 (link), distributees include the surviving spouse, children and grandchildren of deceased children. If none exist, the next of kin share under intestate succession.
- Per Capita vs. Per Stirpes Distribution: Kansas defaults to per stirpes distribution. This means each branch of the family receives an equal share. For example, if a child predeceased the decedent but left two children (grandchildren), those grandchildren split that child’s share equally.
- File Inventory and Account: The representative must file an inventory of assets and an accounting of wrongful death proceeds with the probate court (K.S.A. § 59-2205).
- Court Approval: After notice to heirs, the court reviews and approves the proposed distribution plan. Once approved, the representative issues checks to each distributee.
If heirs cannot agree on shares, the court will resolve disputes and order distribution in accordance with the statute. Always verify family relationships with birth, marriage or adoption records.
Helpful Hints
- Consult the decedent’s will: A valid will may alter who qualifies as distributees.
- Gather family records early: Confirm names, dates and relationships before filing petitions.
- Communicate with heirs: Send written notice of probate filings and proposed distribution.
- Budget for expenses: Probate costs, attorney fees and funeral expenses come off the top.
- Address contested claims quickly: Heirs or creditors may challenge the personal representative’s accounting.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.