Can stepchildren or domestic partners inherit without a will in Kansas?

Under Kansas intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (K.S.A. 59-504). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in Kansas?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

Frequently Asked Questions

Kansas intestacy laws determine who inherits when there is no will. Kansas follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Kansas depends on family structure. With no children: Entire estate. With shared children: Half of the estate. When children from a prior relationship survive: Half of the estate.

Kansas uses the "per stirpes" distribution method. Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes

Kansas requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Kansas intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Kansas will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Kansas depend on estate size and complexity. Estates valued at $75,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Kansas probate cost calculator for a detailed estimate.

Intestacy Laws in Kansas

Under Kansas intestacy law, a surviving spouse's inheritance depends on who else survives. The spouse receives Entire estate when there are no descendants. With children from a prior relationship, the share adjusts to Half of the estate.

Kansas distributes assets to descendants using the Per stirpes method. An heir must survive the decedent by 120 hours to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, Kansas offers a simplified procedure for estates under $75,000, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Kansas probate entirely — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Kansas statutes and official state code. How we research.

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