Kansas Statutes

Chapter 59: Probate Code

Article 5: Intestate Succession

Statutes:

• 59-501: Definitions.
• 59-502: Descent of property of intestate resident.
• 59-503:
• 59-504: Surviving spouse.
• 59-505: Same; half of realty to surviving spouse.
• 59-506: Surviving children or issue.
• 59-507: No spouse, child or issue, of the decedent.
• 59-508: No spouse, child, issue, or parents.
• 59-509: Limitation on descent.
• 59-510: Advancements.
• 59-511:
• 59-512:
• 59-513: Incapacity of one who kills another to take from decedent's estate or property; effect of suicide by one who kills spouse on estates and property of both.
• 59-514: Intestate descent; escheat, when.

• 59-501: Definitions. As used in K.S.A. 59-502 through 59-514, inclusive:

        (a) "Children" means biological children, including a posthumous child; children adopted as provided by law; and children whose parentage is or has been determined under the Kansas parentage act or prior law.

        (b)   "Issue" includes adopted children of deceased children or issue.

        History:   L. 1939, ch. 180, § 23; L. 1985, ch. 114, § 25; July 1.

• 59-502: Descent of property of intestate resident. Subject to any homestead rights, the allowances provided in K.S.A. 59-403, and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession as provided in this article.

        History:   L. 1939, ch. 180, § 24; July 1.

• 59-503:

        History:   L. 1939, ch. 180, § 25; Repealed, L. 1967, ch. 314, § 13; July 1.

• 59-504: Surviving spouse. If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.

        History:   L. 1939, ch. 180, § 26; July 1.

• 59-505: Same; half of realty to surviving spouse. Except as provided further, the surviving spouse shall be entitled to receive one-half of all real estate of which the decedent at any time during the marriage was seized or possessed and to the disposition whereof the survivor shall not have consented in writing, or by a will, or by an election as provided by law to take under a will, except such real estate as has been sold on execution or judicial sale, or taken by other legal proceeding. The surviving spouse shall not be entitled to any interest under the provisions of this section in any real estate of which such decedent in such decedent's lifetime made a conveyance, when such spouse at the time of the conveyance was not a resident of this state and never had been during the existence of the marriage relation. The spouse's entitlement under this section shall be included as part of the surviving spouse's property under K.S.A. 59-6a207, and amendments thereto.

        History:   L. 1939, ch. 180, § 27; L. 1996, ch. 53, § 1; July 1.

• 59-506: Surviving children or issue. If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.

        History:   L. 1939, ch. 180, § 28; July 1.

• 59-507: No spouse, child or issue, of the decedent. If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.

        History:   L. 1939, ch. 180, § 29; July 1.

• 59-508: No spouse, child, issue, or parents. If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.

        History:   L. 1939, ch. 180, § 30; L. 1949, ch. 310, § 1; April 15.

• 59-509: Limitation on descent. In computing degrees of relationship by blood for the purpose of the passing of property of an intestate decedent, each generation in the ascending or descending line shall be counted as one degree. None of such property shall pass except by lineal descent to a person further removed from the decedent than the sixth degree, as so computed. In all cases of intestate succession the right of a living person to have the property, or a share of it, pass to him or her, shall be determined as here provided, but the property shall pass immediately from the decedent to the person entitled to receive it.

        History:   L. 1939, ch. 180, § 31; July 1.

• 59-510: Advancements. Property which has been given by an intestate decedent by way of an advancement to one to whom the decedent's property, or a part of it, would pass by intestate succession, shall be counted as a part of the distributive share of such property to such person, and to that extent shall be taken into account in determining the estate to be distributed among those to whom it passes by intestate succession, but if such advancement exceeds the amount to which such person would be entitled by the laws of intestate succession the person shall not be required to refund any portion of the advancement. If such person receiving an advancement dies before the decedent, leaving heirs who take from the decedent, the advancement shall be allowed in like manner as if it had been made directly to them.

        History:   L. 1939, ch. 180, § 32; July 1.

• 59-511:

        History:   L. 1939, ch. 180, § 33; Repealed, L. 2002, ch. 135, § 6; July 1.

• 59-512:

        History:   L. 1939, ch. 180, § 34; L. 1976, ch. 242, § 5; Repealed, L. 2002, ch. 135, § 6; July 1.

• 59-513: Incapacity of one who kills another to take from decedent's estate or property; effect of suicide by one who kills spouse on estates and property of both. No person convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will by intestate succession, as a surviving joint tenant, as a beneficiary under a trust or otherwise from such other person any portion of the estate or property in which the decedent had an interest. When any person kills or causes the killing of such person's spouse, and then takes such person's own life, the estates and property of both persons shall be disposed of as if their deaths were simultaneous pursuant to the provisions of K.S.A. 58-708 to 58-718, inclusive, and amendments thereto.

        History:   L. 1939, ch. 180, § 35; L. 1970, ch. 225, § 1; L. 1995, ch. 105, § 1; July 1.

• 59-514: Intestate descent; escheat, when. If an intestate decedent leaves no person entitled to receive property of the decedent as said intestate's heir under the provisions of K.S.A. 59-503 to 59-513, both sections inclusive, and acts amendatory thereof or supplemental thereto, then and in that event said intestate's property shall pass to the living heirs of the intestate's last spouse dying prior to the death of the intestate and if there be no such heir or heirs, then the estate shall escheat to and become the property of the state.

        History:   L. 1939, ch. 180, § 36; L. 1963, ch. 298, § 1; June 30.