What Happens to Jointly Held Bank Accounts and Property When Someone Dies Without a Will in Kansas?

Short answer: Whether jointly held money or property passes automatically to the survivor or becomes part of the deceased person’s estate depends on how title was created. In Kansas, assets titled with a clear right of survivorship generally pass outside probate to the surviving owner. Assets titled solely in the decedent’s name or as tenants in common generally go through intestate succession under Kansas probate law. This article explains the typical scenarios, the steps survivors should take, and where to look in Kansas law.

Detailed answer

1. Key legal principles

• Kansas decides who inherits property when someone dies without a will under the intestate succession rules in the Kansas Probate Code (see K.S.A. chapter 59, article 5). For the statutes, see: K.S.A. Chapter 59, Article 5 — Intestate Succession.
• Title matters. How the account or property is titled (the names and the legal wording on deeds or bank records) controls whether the asset passes by survivorship or through probate.
• Banks and other institutions follow their account agreements and state law. Many financial institutions require a death certificate before releasing funds to a surviving co-owner or beneficiary.

2. Common situations and what usually happens

Joint bank accounts with right of survivorship

If the account is clearly a joint account with a right of survivorship (often labeled “JTWROS” — joint tenants with right of survivorship — or the bank’s paperwork shows both owners as joint owners with survivorship rights), the surviving co-owner commonly becomes the sole owner automatically at death. The surviving co-owner must present the bank with a certified copy of the death certificate and identification. The bank may place a temporary freeze to verify documents, but the account usually does not pass through probate.

Accounts titled as “payable on death” (POD) or “in trust for” (ITF)

These designations name a beneficiary who receives the funds directly at the account owner’s death. POD/ITF accounts typically pass outside probate to the named beneficiary after presentation of a death certificate and required paperwork.

Accounts with the decedent as sole owner

If the account is in the decedent’s name only and has no payable-on-death beneficiary and no joint owner, the funds usually become part of the probate estate. The estate’s personal representative (executor or administrator) collects those funds and distributes them under Kansas intestate succession rules.

Real property (land and houses)

How real property passes depends on the deed language. If the deed creates a joint tenancy with right of survivorship (or includes language of survivorship), the surviving joint tenant typically becomes the sole owner outside probate. If the deed creates a tenancy in common, each owner holds an identifiable share; the deceased owner’s share passes by intestacy to heirs under Kansas law and usually requires probate to clear title.

Tenancy by the entirety and married couples

Whether married couples’ property passes automatically depends on the title form used when the property was acquired. In many cases, married couples use forms that create survivorship rights, but the exact result depends on the deed, account agreement, and applicable law.

3. Intestate succession in Kansas (when no survivorship applies)

If an asset goes into the probate estate because it lacks survivorship features or beneficiary designations, Kansas intestate succession rules decide who inherits. Those rules (K.S.A. chapter 59, article 5) prioritize closest relatives: spouse, children, parents, siblings, and more distant kin if closer relatives are absent. For the statutory framework, see K.S.A. Chapter 59, Article 5.

4. Practical steps for survivors

1. Locate account records and deeds. Look for words such as “joint,” “with right of survivorship,” “POD,” or named beneficiaries.
2. Obtain certified copies of the death certificate. Institutions typically require certified copies, not photocopies.
3. Contact the bank or title company. Ask what documentation they need to transfer the account or remove a deceased owner.
4. If property passed automatically, update titles and records as the financial institution or recorder requires.
5. If an asset appears to be part of the estate, consult the probate court page for your county or a probate attorney. If you qualify, you may be able to use a simplified or small-estate procedure; otherwise, formal probate administration will be necessary to distribute assets under Kansas law.
6. Do not transfer or spend money without authority. If an account belongs to the estate, unauthorized removal can create liability to the estate’s beneficiaries or creditors.

5. When you likely need probate or an attorney

Probate typically is required when significant assets are solely in the decedent’s name or when title is unclear. Consider getting an attorney in these situations:

• Real property is owned solely by the decedent or ownership shares are disputed.
• There are significant debts, tax issues, or creditor claims.
• Multiple heirs disagree about distribution or about whether the asset passed by survivorship.
• Account or deed language is ambiguous.

Helpful hints

• Title is king: read deeds and bank account agreements carefully. The words used determine the transfer method.
• Get several certified death certificates early—banks, title companies, and government agencies will ask for them.
• Ask the bank whether the account is held as joint tenants with right of survivorship or as tenants in common. Banks sometimes record accounts differently than owners expect.
• Look for POD/ITF designations on account statements; they override intestacy for those accounts.
• Keep records of communications with banks and government offices (dates, names, and what was requested or provided).
• If probate looks necessary, ask about simplified procedures or small-estate rules that may allow faster collection and distribution of property without full administration. (Check county probate court or an attorney for eligibility.)
• Don’t rush transfers. If you make a transfer that you do not have legal authority to make, you could be liable to the estate or other heirs.

Where to read more

Primary Kansas statute source on intestate succession: K.S.A. Chapter 59, Article 5 — Intestate Succession. For county-specific probate procedures and forms, check your local district court or the Kansas Judicial Branch website: https://www.kscourts.org.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws change and every situation is different. For advice about a specific case, consult a licensed Kansas attorney who handles probate and estate matters.