What Happens If You Die Without a Will in Kansas?

The surviving spouse's share in Kansas depends on the family. With no children: Entire estateK.S.A. 59-504Verified Sep 10, 2026View source. With shared children: Half of the estateK.S.A. 59-504Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estateK.S.A. 59-504Verified Sep 10, 2026View source.

Kansas divides per stirpesK.S.A. 59-506Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.

Kansas requires an heir to survive the decedent by 120 hoursK.S.A. 58-709Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.

Under Kansas intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Kansas, however, Common-law spouses (Kansas recognizes common-law marriage where both parties are 18 or over)K.S.A. 23-2502; K.S.A. 59-504Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. A stepchild can inherit in Kansas: before the estate escheats, the property passes to the living heirs of the intestate’s last spouse who died before the intestateK.S.A. 59-514Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Kansas will signing requirements set out what a valid will takes.