Detailed Answer
When a person dies without a valid will (intestate), Kansas law in K.S.A. Chapter 59, Article 6 governs how the estate passes to heirs. Intestacy statutes set a clear hierarchy. Below is a step-by-step guide:
Surviving Spouse and Descendants
Under K.S.A. 59-606, if the decedent leaves a surviving spouse and no descendants, the spouse inherits the entire estate. If the decedent leaves both a spouse and descendants who are all descendants of that spouse, the spouse still receives the entire estate. If some descendants are not descendants of the spouse (for example, children from a prior relationship), the spouse inherits the first $200,000 of the probate estate plus one-half of the balance; the descendants share the remainder.
Parents and Siblings
If there is no surviving spouse or descendants, the estate passes equally to the decedent’s parents under K.S.A. 59-607. If one parent is deceased, that parent’s share passes to the decedent’s siblings or their descendants under K.S.A. 59-608. Half-siblings inherit proportionally under K.S.A. 59-607.
More Remote Relatives and Escheat
When no spouse, descendants, parents or siblings survive, the estate goes to grandparents under K.S.A. 59-609. If no grandparents survive, aunts and uncles (and their descendants) inherit under K.S.A. 59-610. If no eligible heirs exist within six months, the estate escheats to the State of Kansas pursuant to K.S.A. 59-612.
Probate Administration
To distribute the estate, the court appoints a personal representative under K.S.A. 59-709. The representative collects assets, pays debts and taxes, provides notice to known heirs, publishes notice to unknown creditors under K.S.A. 59-707, and distributes the remainder according to intestacy rules.
Disclaimer: This article offers general information about Kansas intestacy law. It does not constitute legal advice. Always consult a licensed Kansas attorney for advice tailored to your situation.
Helpful Hints
- Gather vital records (birth, marriage, death certificates) to confirm heir relationships.
- Obtain multiple certified death certificates for probate filings.
- Identify and notify all potential heirs early to prevent disputes.
- Publish creditor notices as required by statute to protect the estate.
- Consider mediation or legal counsel if heirs disagree during probate.