What Happens if I Die Without a Will in Kansas?

Estate planning might be a more enjoyable topic, but it’s a crucial aspect of securing your family’s future. At the Law Office of Andrew Rowe, P.A., we’ve seen firsthand the complications that can arise when someone passes away without a will. Let’s delve into the implications and why it’s essential to take control of your assets in Kansas.


How Kansas State Law Distributes Your Assets

In Kansas, if you die without a valid will, the state’s intestacy laws come into play to determine how your assets will be distributed. These laws reflect the state’s decisions about how property should be passed on if someone dies without expressing their wishes through a will or other legal estate planning tools. Here’s a general overview of how Kansas state law distributes assets under intestacy:

  1. Spouse and Children: If you leave a spouse and children behind, what your spouse receives depends on whether your children are also the children of your surviving spouse. If so, your spouse inherits everything. If not, your spouse inherits half of your assets, and your children inherit the other half.
  2. Spouse and No Descendants: If you have a spouse but no descendants, your spouse inherits all your assets.
  3. Children but No Spouse: If you have children but no spouse, your assets will be divided equally among your children.
  4. No Spouse or Children: If you have no spouse or children, the state will then look to see if you have surviving parents or siblings. If your parents are alive, they inherit everything; if not, your siblings inherit your assets.
  5. More Distant Relatives: If you have no immediate family, the state will look further out to more distant relatives, including grandparents, aunts, uncles, and cousins.
  6. Escheat: In the rare event that you have no surviving family members at all, your estate will “escheat,” which means it will be turned over to the state of Kansas.

This process doesn’t consider the specifics of each individual and their relationships. For example, friends, unmarried partners, and charities you might have wanted to support will receive nothing under intestacy laws. Moreover, these rules do not consider the nature of your assets or any debts you may have, and they do not allow for any tax planning.


Addressing Your Specific Needs and Concerns

At the Law Office of Andrew Rowe, P.A., we take the time to understand your unique situation. Our goal is to provide personalized advice that reflects your values and priorities. We’ll help you navigate the complexities of estate planning in Kansas, ensuring your assets are protected, and your loved ones are taken care of according to your wishes.


Avoiding the Pitfalls of Probate in Kansas

Probate can be lengthy and costly, but having a will in place can simplify it. When you die without a will, your estate has to go through probate, and the court will decide how your assets are distributed. This process can be more complicated, time-consuming, and expensive than if you had a will. By taking the time to create a comprehensive estate plan, you can minimize the impact of probate on your loved ones and ensure your assets are distributed according to your wishes.


Contact Us, The Law Office of Andrew Rowe, P.A., an Experienced Estate Planning Attorney in Kansas

The consequences of dying without a will can be severe, but the good news is that it’s never too late to take control of your future. We’re here to guide you through the process and ensure your assets are protected. Call us at The Law Office of Andrew Rowe, P.A., today at 316-202-0131 or contact us online to schedule a consultation with a dedicated Estate Planning Lawyer serving clients in Kansas. While we’re always on hand for urgent situations, such as last-minute decisions in critical moments, please be aware that the typical process from consultation to finalizing the paperwork usually spans a month.