What Happens If You Die Without a Will in Kansas?

When someone passes away without a will, it’s known as dying “intestate.” In Kansas, this means that the state—not you—decides how your assets are distributed and who inherits your property. Unfortunately, this can lead to confusion, family conflict, and outcomes that may not reflect your true wishes.

At Minter & Pollak, LC, we help families across Kansas understand and navigate the legal implications of estate planning and probate. Here’s what you need to know if you or a loved one dies without a will in Kansas.

Kansas Intestate Succession Laws: Who Inherits?

In the absence of a will, Kansas law determines who receives your property based on your family structure. Here’s how assets are typically divided:

✅ If You Are Married With No Children

Your spouse inherits everything.

✅ If You Are Married With Children

Your spouse receives 50% of your estate, and your children share the remaining 50%.

✅ If You Have Children But No Spouse

Your children inherit your entire estate, divided equally among them.

✅ If You Have No Spouse or Children

Your estate goes to your parents. If they are deceased, your siblings inherit everything.

✅ No Immediate Family?

The estate will be distributed to more distant relatives under a specific order outlined by Kansas law. If no relatives can be found, the estate may escheat (revert) to the State of Kansas.

What Assets Are Affected?

Intestate succession only applies to assets that would have passed through a will, such as:

Solely owned real estate
Personal belongings
Bank accounts without named beneficiaries
Investments or retirement accounts without beneficiary designations

Assets with named beneficiaries—such as life insurance policies, payable-on-death bank accounts, or jointly held property—pass outside of probate and are not affected by intestacy laws.

What Are the Risks of Dying Without a Will?

Dying without a will can lead to a number of challenges for your family:

❌ Loss of Control

You don’t get to choose who inherits, who handles your estate, or who cares for minor children.

❌ Delays and Legal Costs

Without a clear plan, the probate process can be slower, more expensive, and more stressful for your loved ones.

❌ Family Conflict

Unclear expectations or unexpected inheritances often lead to disputes among heirs—especially in blended families or when estranged relatives are involved.

❌ No Guardian for Minor Children

If you have minor children and die without a will, the court will appoint a guardian. This person may not be the individual you would have chosen.

What Can You Do to Avoid These Problems?

Creating an estate plan—no matter how simple—can provide peace of mind and protect the people you love. A basic estate plan in Kansas typically includes:

A Last Will and Testament
Durable Power of Attorney
Health Care Directive or Living Will
HIPAA Authorization
(Optional) Revocable Living Trust for avoiding probate

Even if you don’t have significant wealth, an estate plan ensures your wishes are honored and makes life easier for your family during a difficult time.

Don’t Leave It Up to the State

Estate planning is about more than just passing on property—it’s about taking care of your family and protecting your legacy. By creating a will, you ensure that:

Your assets go to the people you choose
Your children are cared for by someone you trust
The probate process is faster and less expensive

Need Help Creating an Estate Plan in Kansas?

At Minter & Pollak, LC, we offer free estate planning consultations and customized solutions for clients throughout Wichita and Kansas. Whether you’re starting from scratch or need to update an existing plan, we’re here to help.

📞 Call us today at (316) 265-0797 or click here to schedule your free consultation.

Photo by Harli Marten on Unsplash.