Detailed Answer — How intestate succession among children works in Kansas

When a Kansas resident dies without a valid will (called dying intestate), Kansas law directs how the decedent’s property is distributed. The basic rules prioritize the decedent’s closest family: surviving spouse, descendants (children and their descendants), parents, siblings, and further relatives. For descendants, Kansas applies the rule of representation: children (the decedent’s direct descendants) inherit before more remote relatives, and if a child has already died, that child’s own descendants (grandchildren of the decedent) step into that child’s place to receive the share that child would have taken.

Key points:

• If the decedent is survived only by children and no spouse, the entire intestate estate generally passes to the children, divided equally among them.
• If the decedent is survived by a spouse and children, the estate division depends on whether the spouse is also the parent of all the decedent’s children. Kansas law provides specific shares to a surviving spouse in those situations; the remainder (or the whole estate if no spouse) passes to the children.
• If a child predeceased the decedent but left surviving descendants (e.g., grandchildren of the decedent), those descendants inherit the share their parent (the decedent’s child) would have received — this is often described as inheriting “by representation” or “per stirpes.”
• If a child died without descendants, that child’s line does not inherit and the share is divided among the remaining children (or their lines) according to representation rules.

For the controlling statutory language in Kansas, see the statutes addressing intestate succession and probate procedure in Kansas Chapter 59 (Probate Code). A useful statutory reference is the Kansas statutes on intestacy and representation: https://www.ksrevisor.org/statutes/chapters/ch59/.

Who is first in line among children for estate administration (appointment of an administrator)?

Administration (appointing a personal representative or administrator) is distinct from who inherits. When no executor named in a will exists, or when there is no will, Kansas probate courts appoint an administrator. Kansas law gives priority to certain persons to serve as administrator. Typically the surviving spouse has first priority to serve, followed by other heirs such as adult children. If no willing or qualified spouse or child exists, the court may appoint another relative or a public administrator.

Because appointment priority and qualifications can involve nuances (for example, a potential administrator must be an adult, not disqualified for reasons like felony conviction or lack of capacity), it is common for heirs to agree on a representative and petition the court for their appointment.

Examples to illustrate the order among children

Example 1 — Decedent survived by three children and no spouse: the estate is divided equally among the three children. If one child died before the decedent but left two children (grandchildren), those two grandchildren together take the share the deceased child would have had and typically divide it between them.

Example 2 — Decedent survived by a spouse and two children (both children are also children of the spouse): Kansas law gives a statutory share to the spouse (see probate statutes), and the remaining estate passes to the children in equal shares.

Example 3 — Decedent survived by a spouse and one child who is not the spouse’s child (stepchild): the spouse’s share may differ depending on whether all children are also the spouse’s children. These distinctions affect how much passes to children vs. spouse.

Where to read the Kansas statutes

To read the statutory text on intestacy, representation, and priority for appointment, consult the Kansas probate statutes (Chapter 59) on the Kansas Revisor of Statutes site: https://www.ksrevisor.org/statutes/chapters/ch59/.

Helpful Hints

• Gather basic documents early: death certificate, marriage certificate, birth certificates for children, any separation or divorce documents, and lists of assets and debts.
• Make a family chart showing the decedent, spouse (if any), children, and grandchildren — note who is living and who predeceased. This makes applying representation rules easier.
• Confirm whether any child was legally adopted. In Kansas, adopted children generally inherit the same as biological children.
• If a child predeceased the decedent and had no descendants, that line typically receives nothing; the estate is redivided among the remaining heirs and lines by representation.
• Small estate procedures may apply if the estate’s value is under statutory thresholds; these procedures can speed distribution without full probate. Check Kansas probate rules for small estates.
• Agreeing on an administrator as a family can avoid contested probate. If heirs disagree, the court will appoint the administrator it deems appropriate under statute and the decedent’s circumstances.
• Consider talking to a Kansas probate attorney when: (a) family relationships are complex (e.g., blended families or adoption issues), (b) estate value or tax issues exist, or (c) heirs contest administration.