Detailed Answer

Disclaimer: This is general information only and not legal advice. I am not a lawyer. For decisions that affect your rights, consult a licensed Kansas probate attorney.

If your spouse died without a will (intestate) and other family members are excluding you from decisions about the estate, Kansas law gives you several important rights and legal tools. Kansas uses intestacy rules to determine who inherits when there is no will, and probate court supervises the process. The practical steps below explain your legal position and what you can do to protect your rights.

What Kansas law says

Kansas intestacy and probate procedure are governed by statutes found in the Kansas statutes for decedents’ estates and probate. Those statutes set:

• How the estate is distributed when someone dies without a will (intestate succession).
• Who may be appointed to administer the estate (personal representative or administrator).
• Priority rules for who may make certain decisions (for example, control of estate property and administration duties).

See the Kansas statutes on decedents’ estates for the full text and distribution rules: Kansas Statutes, Chapter 59 (Decedents’ Estates).

Key rights a surviving spouse typically has in Kansas

While exact outcomes depend on family structure and the estate’s assets, these are the main rights to know:

• Right to inherit under intestacy rules. If there is no will, Kansas law divides the estate among the surviving spouse, children, parents, and other relatives according to statutory rules. The surviving spouse often receives all or a substantial portion of the estate depending on whether the decedent left children and whether those children are also children of the surviving spouse. (See Chapter 59 for the distribution formulas.)
• Right to seek appointment as personal representative (administrator). If no executor named by a will exists, any interested person—including a surviving spouse—may petition the probate court to be appointed administrator. The appointed administrator has legal authority to collect assets, pay valid creditors, and distribute property under court supervision.
• Right to request court oversight to stop improper actions. If relatives are moving assets, closing accounts, or making decisions without court authority, you can ask the probate court to intervene. The court can issue orders to freeze assets, require an accounting, and remove or prohibit individuals from acting on behalf of the estate if they have no legal authority.
• Priority for certain decisions. The surviving spouse commonly has priority over other relatives to make certain decisions affecting the estate (for example, petitioning for administration or selecting an administrator). This is enforced through the probate process.

Immediate actions to protect your rights

If the family is cutting you out right now, act quickly:

1. Keep records. Save texts, emails, financial statements, and notes about conversations that show what decisions others are making.
2. Contact the county probate court clerk where your spouse lived. Ask how to file a petition for administration and what emergency relief (temporary orders) the court can grant.
3. File for appointment as administrator (or ask the court to appoint another neutral administrator). Filing starts the court-supervised estate process and gives you standing.
4. Ask the court for temporary orders if assets are in danger of being dissipated (for example, to freeze bank accounts or stop sale of property).
5. Consider hiring a probate attorney. An attorney can file pleadings, request emergency relief, and represent you in court hearings. If you cannot afford one, contact local legal aid (see resources below).

How the probate process helps resolve disputes

Probate is the formal process that organizes an estate, notifies creditors, and resolves inheritance questions. Common probate steps you will see in Kansas include:

• Filing a petition to open probate and appointment of an administrator or executor.
• Inventory and valuation of estate assets.
• Notice to known creditors and a short period for claims against the estate.
• Accounting and eventual distribution of assets according to Kansas intestacy rules or the will if one appears.

If family members try to act outside this process, they generally have no legal authority to bind the estate. The probate court enforces the law and can remedy unauthorized transfers or actions.

When you should get a lawyer

Talk to a probate attorney if any of these apply:

• Family members are moving money or property without court permission.
• You need emergency court orders (to freeze assets or secure property).
• The estate is complex (real estate, business interests, disputes about paternity or children).
• You are unfamiliar with probate procedure and deadlines.

An attorney can file petitions, protect your rights as spouse, negotiate with other family members, and present evidence to the court.

Useful Kansas resources

• Kansas statutes on decedents’ estates (probate and intestacy): K.S.A. Chapter 59.
• Kansas Judicial Branch (general probate information and court locations): Kansas Judicial Branch.
• Find local court contact information through the Kansas Judicial Branch website to discover the correct county probate court clerk.
• Kansas Legal Services (help for low- and moderate-income residents): kansaslegalservices.org.

Common questions survivors ask

Q: Can the family legally exclude me from decisions while there is no will?
A: No. Only a court-appointed personal representative has legal authority to act for the estate. If family members act without appointment, you can ask the probate court to stop them and to appoint an administrator.

Q: How long will probate take?
A: Time varies by complexity, assets, creditor claims, and whether disputes arise. Simple estates can close in a few months; contested or complex cases take longer.

Q: Do I automatically get the house or bank accounts?
A: Not automatically. If assets are jointly titled with rights of survivorship, they may pass outside probate to the surviving joint owner. Otherwise, assets go through probate and distribute according to Kansas intestacy rules or the will. The probate court oversees distributions.

Next steps (practical checklist)

1. Contact the county probate court clerk for filing instructions and forms.
2. Gather marriage certificate, your spouse’s death certificate, bank statements, title deeds, insurance policies, and information on known debts.
3. Ask the court to appoint an administrator if no executor exists—and request temporary orders if assets are at risk.
4. Consult a Kansas probate attorney to protect your rights and represent you in court.

Protecting your rights as a surviving spouse is often a time-sensitive process. Acting quickly to involve the probate court and, if needed, an attorney will give you the best chance to stop unauthorized actions and secure your lawful share of the estate.