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Kansas intestacy laws: what happens if I die without a will?
December 16, 2021 at 7:00 AM
Kansas intestacy laws: what happens if I die without a will?

The world we live in is more unpredictable than it’s ever been. We hate to think about the worst happening to anyone in our family, but it’s essential to have a will to ensure our loved ones are protected. Kansas intestacy laws can muddy the water a bit if you don’t have a will, so our team at OWLFI wants to help you protect your family should the unthinkable happen to you. Read more below to learn about intestacy laws and how they might affect your family.

What are intestacy laws?

Kansas intestacy laws dictate what happens to your estate if you pass away without a will. Your will is what would typically convey your final wishes after you die. Without a will, the state will step in to make sure that your assets are divided among your significant other and descendants as necessary.


If you’re married and have no children, your spouse is entitled to everything you own after you pass away. Siblings, parents, or other kin won’t be given any assets in the distribution. Should you pass away and have children, the estate will be divided, with half going to your spouse and the other half divided among your children. If you had grown children who had children of their own before they passed, your grandchildren from a specific child would get their share of your estate.

If your children are grown, and you want to come up with a different arrangement, it’s vital that you make a will. Your will is the deciding factor regarding your assets and how they’re divided among your spouse and descendants.


When an unmarried person passes away, things get a little more complicated. Regardless of the status of the decedent’s partner, an unmarried significant other doesn’t receive any of the estate. Instead, your assets will be distributed among your children, grandchildren, or other direct descendants. In the case where there aren’t any descendants, your siblings will inherit the estate.

Children and other descendants

The state of Kansas protects children in the event that an unmarried parent passes away. Children are given the entire estate if a parent passes away. It doesn’t matter if the parent has been in a long-term relationship; if they’re not married, the partner receives nothing.


If you haven’t created a will before passing away, your estate will go into probate, which can be a long process that costs your surviving family a lot of money. Probate courts will divide your estate according to intestacy laws, but it’s still going to take time and money to take care of it. You can avoid probate by creating a will that specifically designates how you’d like to have your estate distributed among your heirs.

Contact us to make a will

Your will is meant to protect your assets and your family when you pass away, so don’t put off creating one. Schedule an appointment with our team at OWLFI, and we’ll help you put together a will that will outline how you would like your assets distributed among your surviving family in accordance with Kansas intestacy laws. Give us a call at our Lenexa office at 913-441-8380 or send a message using our online contact form to schedule a meeting with our experts. We look forward to speaking with you and helping you create your will.