Estate Laws in Kansas

By Heather Frances J.D.

The Kansas Probate Code governs how Kansas estates are distributed after the owner’s death. This process will be different depending on the size of the decedent's estate and whether he died with or without a will. Proper estate planning before your death can help make the probate process easier for the people you leave behind.


Kansas allows any adult of sound mind to make a will to describe how he wishes to have his property distributed after his death. To be effective, your will must follow Kansas requirements, such as having two qualified witnesses present during the signing of the will. You can also change or revoke your will at any time prior to death. Since your will must be formally submitted to the probate court within six months after your death, it is important to let others know where you store your will.

Intestate Succession

If you die without a valid will, Kansas law provides a method called intestate succession to distribute your property among your relatives. For example, if you die while married but have no children, your entire estate will pass to your spouse. If you die with a spouse and a child, half of your estate will go to your spouse and the other half to your child.

Protect your loved ones. Start My Estate Plan


In Kansas, if you have a will, the person who administers your estate is called an executor; if you don’t have a will, this person is known as an administrator. Your executor or administrator will be charged with many tasks to close and distribute your estate, including notifying your heirs and creditors about the probate proceedings, paying your taxes and other debts out of your estate’s assets, and properly distributing the estate.


If you are not a resident of Kansas but have property located in the state, a Kansas court will exercise probate jurisdiction over that property when you die. This means your executor or administrator will have to follow Kansas probate procedures to distribute the parts of your estate located in Kansas. For example, if you own a vacation property in Kansas but live in Missouri, both states will have some control over your estate since they each have jurisdiction over the property located within their boundaries. However, you do not have to have a will for each state since Kansas will honor a will created in another state as long as it complies with the other state’s laws, is in writing and signed.

Protect your loved ones. Start My Estate Plan
Dying Without a Will in Maine


Related articles

How to Avoid Probate With a Hand Written Will

Wills come in several different packages, but they all have the same purpose -- to identify who will inherit your property when you die. Handwritten wills, termed holographic wills, are valid in some states, but only if executed according to state law. While the type of will you choose will not help you avoid probate, methods exist to accomplish that end.

Kentucky Heir Law Concerning Grandchildren

The laws governing Kentucky wills allow you to name any person or organization as an heir to your estate, including grandchildren. However, if you fail to draft a will, Kentucky will apply its intestate succession laws to determine which of your family members will receive your property. In this case, the state will attempt to distribute your entire estate to other heirs before your grandchildren can receive anything.

Does a Will in Arizona Have to Go Through Probate?

If you die with a valid will in Arizona, an Arizona probate court will typically oversee the administration of your estate. However, there are different types of probate. With or without a will, if your estate qualifies as a small estate under Arizona rules, probate may not be necessary. However, your beneficiaries will still have to complete some legal forms before your property can be distributed.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Dying Without a Will in the State of Utah

Wills provide you with the greatest control over distribution of your property after death. Under Utah law, if no valid ...

Probate Law in the State of West Virginia

When a West Virginia resident dies, his property must pass to new owners according to the terms of West Virginia’s ...

How to Change the Executor of a Will

The executor of your will is the person who will carry out the instructions in your will when you die, according to the ...

Illinois Laws on Wills

A valid will can nominate someone to manage your estate and detail how your property should be distributed when you ...

Browse by category
Ready to Begin? GET STARTED