How to claim your share of your mother’s estate in Kansas when she died without a will

Short answer: In Kansas, when someone dies without a will (intestate), state intestacy rules determine who inherits. To claim your share you normally must identify the heirs, open a probate case in the county where your mother lived (or use a small‑estate process when available), cooperate with or ask to be appointed as the personal representative, provide necessary documents, and follow the court’s distribution order. This article explains the typical steps, common scenarios, and practical tips to help you get started.

Disclaimer

This is general educational information and not legal advice. For advice about your specific situation, consult a licensed Kansas attorney.

Understanding intestate succession in Kansas

When a person dies without a valid will, Kansas law (the Decedents’ Estates provisions of the Kansas statutes) sets who gets the property and in what share. These rules usually favor the surviving spouse and the decedent’s descendants (children, grandchildren). The exact division depends on whether a spouse survives and whether the decedent had children who are also the spouse’s children.

For the governing statutes, see the Kansas Decedents’ Estates statutes (Chapter 59) at the Kansas Revisor of Statutes: K.S.A. Chapter 59 (Decedents’ Estates).

Typical division examples (hypotheticals)

If your mother died leaving only her children and no surviving spouse, her estate generally passes to her children in equal shares.
If a surviving spouse exists along with children who are also the spouse’s children, the spouse often receives a statutory share and the remainder goes to the children; the exact share varies under Kansas law and depending on the assets involved.
If a child predeceased your mother but left descendants (grandchildren of the decedent), those grandchildren typically inherit their parent’s share by representation.

Step-by-step: How to claim your share

Confirm there is no valid will. Search for a will among your mother’s papers, ask family members, check with her attorney, and check any safe deposit boxes.
Identify the personal representative (PR) or executor. If someone has already petitioned the court and the court appointed a PR, contact that person. The PR manages estate administration and distribution.
If no PR exists, consider filing for appointment. Any interested person (usually an heir) can file a petition to open probate and ask the court to appoint a personal representative. If you want to ensure you receive your share, you can seek appointment yourself. The probate court in the county where your mother lived handles this process.
Collect and provide required documents. Typical documents: certified copy of the death certificate, proof of your relationship (birth certificate or other evidence), your ID, and information about the decedent’s assets and debts.
Inventory and notify. The PR must inventory assets, notify heirs and creditors, and pay valid debts before distributing assets.
Receive distribution or object if needed. After debts and expenses are paid, the PR distributes remaining assets per intestacy rules and any court order. If you believe the distribution is incorrect, you can file objections or petition the court for clarification or accounting.

Small‑estate procedures and nonprobate assets

Not all property must go through probate. Accounts that have named beneficiaries, jointly held property with rights of survivorship, life insurance proceeds with designated beneficiaries, and assets held in certain trusts pass outside probate. Check account titles and beneficiary designations first.

Kansas also provides simplified procedures in some situations for smaller personal property estates. These procedures can allow heirs to collect property without formal administration. Whether you qualify depends on the type and total value of assets. For details, consult the Decedents’ Estates statutes (Chapter 59) and local probate court rules: https://www.ksrevisor.org/statutes/chapters/ch59/.

Practical tips and timeline

Start by obtaining several certified death certificates from the funeral home. Institutions typically require original certified copies.
Gather key documents: deeds, bank and brokerage statements, account applications (to check beneficiaries), insurance policies, recent tax returns, and mortgage information.
Probate timelines vary. Routine estates often close in several months to a year, depending on complexity and creditor deadlines.
If the PR is uncooperative or missing assets, ask the probate court for an accounting or file a petition to compel action or to remove the PR if misconduct is suspected.

Special situations

If you live out of state, you can still be an heir and receive your share, but expect extra time for document exchanges. If heirs dispute paternity, adoption, or heirship, the court may require additional proof and may hold hearings to resolve those issues.

Documents to bring or request from the personal representative

Certified death certificate(s)
Copy of the petition for probate and the court’s letters of administration (if issued)
Estate inventory and valuation
Creditor notices and a list of debts
Proposed distribution schedule or accountings

When to consult an attorney

Consider talking with a Kansas probate attorney if:

Heirs disagree about who should inherit or about asset distribution.
You suspect the PR is mismanaging assets or hiding property.
Unknown or complex assets exist (business interests, out‑of‑state real estate, retirement accounts).
There are substantial debts, tax issues, or potential creditor claims.

Helpful Hints

Contact the probate court clerk in the county where your mother lived to learn local filing requirements and fees.
Keep written records of all communications with the personal representative and other heirs.
Check bank and investment account beneficiary designations—these override intestacy for those specific assets.
If a property is titled jointly with right of survivorship, the surviving joint owner usually receives the property automatically.
Ask the PR for a copy of the court’s inventory and distribution plan early so you know what to expect.
Act quickly on creditor notices. Some creditor claims have short deadlines that can affect the estate’s value.
Use certified mail or a process server when you need proof that someone received legal notices.

Where to find more information

Primary statutory guidance: Kansas Decedents’ Estates statutes (Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59/.

For court forms and local procedures, contact the district probate court in the county where your mother lived or visit the Kansas Judicial Branch website: https://www.kscourts.org/.

Final note

Claiming your share of a parent’s estate in Kansas when there is no will usually requires following intestacy rules, working with or seeking appointment as the personal representative, and using probate or small‑estate procedures as appropriate. If the situation has disputes, complex assets, or potential creditor claims, get help from a qualified Kansas attorney to protect your rights.