Kansas
Kansas Probate and Intestate Succession: What Happens Without a Will (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 9 primary sources cited on this page. How we verify our legal content
Kansas has no separate probate court; estates are handled in the probate division of each county's District Court under the Kansas Probate Code, K.S.A. Chapter 59, and the state runs its own Simplified Estates Act rather than the Uniform Probate Code.
Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.
How Probate Works in Kansas
Kansas has no free-standing probate court. Probate matters are handled within a probate department or division of the District Court in each county, under the Kansas Probate Code codified at K.S.A. Chapter 59. K.S.A. 59-102 is the probate code's definitions section, and it provides only that "district court" means the judge of the district court where that reading is needed to carry out the code; it is not itself a grant of jurisdiction. The jurisdiction comes from K.S.A. 20-301, which gives the district court in each county general original jurisdiction of all civil matters unless another law provides otherwise.
Kansas never adopted the Uniform Probate Code and instead runs its own independently structured probate statute with several distinct tracks. Supervised administration is the traditional, court-supervised default, requiring judicial approval at each material step. The Kansas Informal Administration Act, K.S.A. 59-3301 et seq., in effect since January 1, 1986, offers a one-step procedure with no dollar limit that functions much like an unsupervised administration, even though it is not derived from the Uniform Probate Code. Separately, the Kansas Simplified Estates Act, K.S.A. 59-3201 et seq., lets the court weigh the estate's size, the heirs' relationship to the decedent, solvency, cost, and the heirs' own wishes in deciding whether simplified or supervised administration applies, and the court can convert a simplified estate to supervised administration if it later finds that necessary.
Intestate Succession in Kansas: Who Inherits Without a Will
When a Kansan dies without a valid will, K.S.A. 59-504, 59-506, and 59-507 set the order of inheritance, and none of these sections care whether the decedent's children are also the surviving spouse's children.
If the decedent leaves a surviving spouse and no children or other descendants, K.S.A. 59-504 gives the surviving spouse the entire estate. If the decedent leaves a surviving spouse and a child or children (including the issue of a previously deceased child), the estate splits in half: K.S.A. 59-504 passes one-half to the surviving spouse, and K.S.A. 59-506 passes the other half to the children, divided among them per stirpes. Unlike many states, Kansas draws no distinction here for blended families; a stepchild who is not legally adopted still inherits nothing as an heir, but a biological or adopted child from any relationship of the decedent's counts equally toward that half share.
If there is no surviving spouse, the decedent's descendants take the entire estate, divided equally or per stirpes as the case requires, also under K.S.A. 59-506. If there is no surviving spouse and no descendants, K.S.A. 59-507 sends the estate to the decedent's parents, who share equally if both survive, or entirely to the sole survivor if only one parent is living. If no parent survives, K.S.A. 59-508 continues the line of descent to the decedent's siblings and then to more distant kin under Kansas's degree-of-kinship rules.
Kansas is a common-law, separate-property state, not a community-property state, so there is no pre-existing 50% spousal ownership interest to account for before applying these statutory shares; the full estate passes under K.S.A. 59-504 through 59-508 as written.
One way to make sure your property goes to the people you actually choose, rather than following Kansas's intestate succession order, is to have a valid will in place. recordinglaw.com's free Kansas Last Will and Testament Generator can help you create one, with no account required.
Small Estate and Simplified Probate in Kansas
Kansas offers a straightforward affidavit procedure for small estates under K.S.A. 59-1507b. If the decedent's probate-subject assets do not exceed $75,000, a successor can present a notarized affidavit directly to banks or other holders of the decedent's personal property to have those assets transferred, without ever obtaining letters of administration or letters testamentary from the District Court. Substantial compliance with the Kansas Judicial Council's standard affidavit form is sufficient; the affidavit does not need to match the form exactly. This $75,000 threshold was raised from a prior $40,000 cap effective July 1, 2023, meaningfully expanding how many Kansas estates qualify. The mechanism is limited to personal property; it does not transfer real estate.
For estates that do not qualify for the affidavit, or that include real estate or other complications, Kansas's Informal Administration Act and Simplified Estates Act (described above) offer lighter-weight court tracks than full supervised administration, without a fixed dollar ceiling. Which track fits depends on the estate's size, complexity, and whether the heirs and the court agree simplified administration is appropriate.
Creditors face a firm deadline regardless of the track used. Under K.S.A. 59-2239, the Kansas nonclaim statute, claims are forever barred unless presented within the later of four months from the date of first publication of the notice to creditors, or 30 days after actual notice to a known or reasonably ascertainable creditor. In every case, no creditor claim survives at all unless a petition for probate or administration is filed within six months of the decedent's death. Notice-to-creditors requirements are set out separately at K.S.A. 59-2236.
Does Kansas Have an Estate or Inheritance Tax?
No. Kansas has neither a state estate tax nor a state inheritance tax. The Kansas Department of Revenue confirms that the Kansas estate tax was repealed for estates of decedents dying on or after January 1, 2010, so Kansas estates owe no state-level estate tax regardless of size. Kansas did once impose an inheritance tax on beneficiaries, but it reached only the estates of people who died before July 1, 1998, and that tax was fully sunset on July 1, 2008 under K.S.A. 79-15,119. The federal estate tax can still apply to the very largest estates nationally, but only above the federal exclusion amount, far beyond what the vast majority of Kansas estates are worth. For most families settling a Kansas estate, no state-level death tax filing is required at all.
Do You Need a Probate Attorney?
Many Kansas estates that qualify for the K.S.A. 59-1507b affidavit or informal administration can be handled without a lawyer, particularly when the estate is solvent, uncontested, and involves only personal property. An attorney is worth engaging when a will contest is likely, the estate includes real estate title issues or a business interest, the family situation is blended in a way the flat 50/50 split under K.S.A. 59-504 and 59-506 does not resolve cleanly, or the case is complex enough that the court is weighing simplified versus supervised administration under the Kansas Simplified Estates Act.
For a broader look at how probate and intestate succession work across the country, see Probate by State.
Disclaimer
This article provides general information about probate and intestate succession law in Kansas as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Kansas, particularly for a contested estate, a business interest, a blended family, or an estate involving real property disputes. Figures, thresholds, and statutes change; verify current details directly against the Kansas Statutes or with the applicable District Court before relying on any figure here.
Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.
More Kansas Laws
Frequently Asked Questions
What court handles probate in Kansas?
The District Court, in a probate department or division, for the county where the decedent lived. Kansas has no separate, standalone probate court; probate proceeds under the Kansas Probate Code, K.S.A. Chapter 59.
Does Kansas have an inheritance tax in 2026?
No. Kansas has no state inheritance tax and no state estate tax. The Kansas estate tax was repealed for estates of decedents dying on or after January 1, 2010. Kansas did have an inheritance tax at one time, but it applied only to deaths before July 1, 1998 and was fully sunset on July 1, 2008.
What is the small estate threshold in Kansas?
$75,000 in probate-subject personal property, under K.S.A. 59-1507b. A successor can use a notarized affidavit to collect the decedent's personal property from banks and other holders without full probate. The threshold was raised from $40,000 effective July 1, 2023.
Who inherits if you die without a will in Kansas?
A surviving spouse with no children takes everything under K.S.A. 59-504. A surviving spouse with children takes one-half under K.S.A. 59-504, and the children take the other half under K.S.A. 59-506. With no spouse, descendants take the full estate; with no spouse or descendants, parents inherit under K.S.A. 59-507.
Does Kansas treat stepchildren differently in intestate succession?
Kansas's statute does not distinguish whether a decedent's children are also the surviving spouse's children, unlike some states. A legally adopted child inherits as a child; an unadopted stepchild has no automatic inheritance right under K.S.A. Chapter 59.
Is Kansas a community property state?
No. Kansas is a common-law, separate-property state. Intestate shares under K.S.A. 59-504 through 59-508 apply to the full estate, with no pre-existing 50% community-property interest to subtract first.
How long do creditors have to file a claim against a Kansas estate?
Under K.S.A. 59-2239, claims are barred unless presented within four months of the first published notice to creditors, or 30 days after actual notice to a known creditor, and in any case unless a petition for probate is filed within six months of death.
Updates
Corrected the Kansas estate tax repeal date to January 1, 2010, replaced the incorrect statement that Kansas never had an inheritance tax with its actual pre-1998 history and 2008 sunset, credited the surviving spouse’s one-half share to K.S.A. 59-504 rather than 59-506, and cited K.S.A. 20-301 rather than the definitions section for district court jurisdiction.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 59: PROBATE CODE
§ 59-504Surviving spouse.In force
If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Johnson v. McArthur (Supreme Court of Kansas 1979, 226 Kan. 128)“…f the deceased husband cannot maintain the action herein. K.S.A. 59-504, a part of the Kansas Probate Code, pro…”
- Taliaferro v. Taliaferro (Supreme Court of Kansas 1992, 252 Kan. 192)“…her Bessie acquired any rights under G.S. 1949, 59-504 (now K.S.A. 59-504), which provides in pertinent part:…”
- Rice v. Garrison (Supreme Court of Kansas 1995, 258 Kan. 142)“…or Beverly to elect to take against. The correct statute is K.S.A. 59-504 which provides: “If the decedent leav…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-506Surviving children or issue.In force
If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- In Re the Estate of Newland (Supreme Court of Kansas 1986, 240 Kan. 249)“…s death? Such a finding of death is essential because under K.S.A. 59-506, Charles Newland, if living, is acknowl…”
- In Re the Estate of Brenner (Court of Appeals of Kansas 2015, 52 Kan. App. 2d 71)“…in accordance with the laws of intestate distribution. See K.S.A. 59-506. We need not address Danny's c…”
- Baugh v. Baugh Ex Rel. Smith (Court of Appeals of Kansas 1999, 25 Kan. App. 2d 871)“…193 Kan. 40, 44 , 392 P.2d 92 [1964]). K.S.A. 59-506 provides in pertinent part that if a de…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-507No spouse, child or issue of the decedent.In force
If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Shelton v. DeWitte (Supreme Court of Kansas 2001, 271 Kan. 831)“…509. The controlling statute for the fact situation here is K.S.A. 59-507. If a decedent leaves no surviving spou…”
- Yoder v. Yoder (Court of Appeals of Kansas 1986, 11 Kan. App. 2d 330)“…upp. 60-1610(a)(4)(B); the right to inherit from the child, K.S.A. 59-507; the right to grant consent to an adopt…”
- In Re Ingold (Court of Appeals of Kansas 1980, 4 Kan. App. 2d 692)“…of inheritance under the rules of intestate succession (see K.S.A. 59-507) and her right to veto, withhold consen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-508No spouse, child, issue or parents.In force
If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Shelton v. DeWitte (Supreme Court of Kansas 2001, 271 Kan. 831)“…capacity to sue here if the fetus left no surviving parent. K.S.A. 59-508. The man that Christina met at t…”
- In re Estate of Fechner (Court of Appeals of Kansas 2018, 56 Kan. App. 2d 519)“…rent, the property goes to "the heirs of [Chad's] parents." K.S.A. 59-508. Everyone agrees that a brother or sist…”
- Atwater v. Meeks (Supreme Court of Kansas 1973, 211 Kan. 713)“…is will and codicil. Such a finding is also consistent with K. S. A. 59-508 which provides the issue of a previousl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-1507bTransfer of certain personal property to successor; discharge and release; affidavit.In force
(a) When a resident of the state dies, whether testate or intestate, if the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value, any personal property of whatever nature transferable to the decedent's estate by any entity or person shall be transferred to a person claiming to be a successor of the decedent, or in a manner as directed by the successor, without having been granted letters of administration or letters testamentary, upon such successor furnishing the entity or person with an affidavit showing entitlement thereto. (b) Transfer of such personal property to the successor or successors shall be deemed to be a transfer to the personal representative of the decedent, and the receipt of the successor or successors shall constitute a full discharge and release from any further claim for such transfer to the same extent as if the transfer had been made to an executor or administrator of the decedent's estate. The affidavit required herein shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 59-2239Claims against estate; time for filing; when barred.In force
(1) All demands, including demands of the state, against a decedent's estate, whether due or to become due, whether absolute or contingent, including any demand arising from or out of any statutory liability of decedent or on account of or arising from any liability as surety, guarantor or indemnitor, and including the individual demands of executors and administrators, shall be forever barred from payment unless the demand is presented within the later of: (a) four months from the date of first publication of notice under K.S.A. 59-2236, and amendments thereto; or (b) if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given, except that the provisions of the testator's will requiring the payment of a demand exhibited later shall control. No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent's death, unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for the administration of the decedent's estate pursuant to K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 76 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Vorhees v. Baltazar (Supreme Court of Kansas 2007, 283 Kan. 389)“…Moreover, Kansas statutes do not support Vorhees' argument. K.S.A. 59-2239(2) provides: "Nothing in this section…”
- Nelson v. Nelson (Supreme Court of Kansas 2009, 288 Kan. 570)“…riod of limitations imposed by the Kansas nonclaim statute, K.S.A. 59-2239. Upon review of those decisions, we aff…”
- Estate of Draper v. Bank of America, N.A. (Supreme Court of Kansas 2009, 288 Kan. 510)“…60-515. It also claimed that the limitations period under K.S.A. 59-2239 for filing estate claims had expired. T…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-2236Notice to creditors.In force
(a) The publication notice to creditors shall be to all persons concerned. It shall state the date of the filing of the petition for administration or petition for probate of a will and shall notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred. The notice to creditors required by this section shall be combined with the notice for probate or administration required by K.S.A. 59-2222 and amendments thereto, except that, if the notice required pursuant to K.S.A. 59-2222 and amendments thereto is waived pursuant to K.S.A. 59-2223 and amendments thereto, the notice to creditors required by K.S.A. 59-709 and amendments thereto and this section shall be published separately. (b) Actual notice required by subsection (b) of K.S.A. 59-709, and amendments thereto, may include, but not be limited to, mailing a copy of the published notice, by first class mail, to creditors within a reasonable time after their identities and addresses are ascertained.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Union Pacific Railroad v. Estate of Madden (Court of Appeals of Kansas 1986, 11 Kan. App. 2d 540)“…was given by publication on November 15, 1984, pursuant to K.S.A. 59-2236. 7. The railroad did not have ac…”
- Nelson v. Nelson (Supreme Court of Kansas 2009, 288 Kan. 570)“…r months from the date of first publication of notice under K.S.A. 59-2236, and amendments thereto; or (b) if the…”
- Valentine v. Cunningham (Supreme Court of Kansas 1967, 198 Kan. 313)“…cribed what should be contained in the notice to creditors. K. S. A. 59-2236 provides: “Tlie notice of appoin…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-3201Citation of act.In force
K.S.A. 59-3201 to 59-3206, inclusive, shall be named and may be cited as the Kansas simplified estates act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- In Re Estate of Moe (Supreme Court of Kansas 1986, 240 Kan. 242)“…tion of his estate under the Kansas Simplified Estates Act, K.S.A. 59-3201 et seq., was filed, and Wi…”
- In Re the Estate of Harrison (Court of Appeals of Kansas 1998, 25 Kan. App. 2d 661)“…of administration under the Kansas Simplified Estates Act (K.S.A. 59-3201 et seq.), requiring Cathiy…”
- In re Coleman (Supreme Court of Kansas 1991, 249 Kan. 218)“…ition for probate of will under the Simplified Estates Act, K.S.A. 59-3201 et seq., in the District Court of Sha…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 59-3301Citation of act; effective date of act.In force
(a) K.S.A. 59-3301 through 59-3306 may be cited as the Kansas informal administration act and shall be construed as supplemental to and as a part of the Kansas probate code. (b) The provisions of K.S.A. 59-3301 through 59-3306 shall take effect and be in force on and after January 1, 1986.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 59-102Definitions.In force
As used in the Kansas probate code, unless the context otherwise indicates: (1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code. (2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians. (3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts. (4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state. (5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto. (6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures. (7) "Informal administration" means administration under the Kansas informal administration act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Rector v. Tatham (Supreme Court of Kansas 2008, 287 Kan. 230)“…ent’s estate: by will, by intestate succession, or by valid K.S.A. 59-102(8) settlement agreement. The January 31…”
- Schmitendorf v. Taylor (Court of Appeals of Kansas 2020, 468 P.3d 796)“…o judgment as a matter of law. 3. As authorized by K.S.A. 59-102(8), a family settlement agreement is "a…”
- Hessenflow v. Hessenflow (Court of Appeals of Kansas 1995, 21 Kan. App. 2d 761)“…rict court erred in finding the estate agreement invalid. K.S.A. 59-102(8) defines a valid settlement agreement…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- K.S.A. 59-504, Share of spouse (surviving spouse and no children)(ksrevisor.gov).gov
- K.S.A. 59-506, Descent, no surviving spouse(ksrevisor.gov).gov
- K.S.A. 59-1507b, Transfer of personal property by affidavit (small estates)(ksrevisor.gov).gov
- K.S.A. 59-2239, Nonclaim statute, limitations on creditor claims(ksrevisor.gov).gov
- Kansas Statutes, Chapter 59, Probate Code(ksrevisor.gov).gov
- Kansas Judicial Council, Small Estates Affidavit (K.S.A. 59-1507b)(kjc.ks.gov).gov
- K.S.A. 59-507, Descent when no spouse or issue(ksrevisor.gov).gov
- K.S.A. 59-2236, Notice to creditors(ksrevisor.gov).gov
- Shawnee County District Court, Probate(shawneecourt.org).gov
- Kansas Department of Revenue, Notice 10-07: Kansas Estate Tax Repealed for Estates of Decedents Dying On or After January 1, 2010(ksrevenue.gov)
- Kansas Department of Revenue, Notice 08-01: Kansas Inheritance Tax Ends On July 1, 2008(ksrevenue.gov)
- K.S.A. 20-301, District courts; general original jurisdiction(ksrevisor.gov)
- K.S.A. 59-102, Kansas probate code definitions(ksrevisor.gov)