Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Kansas attorney for advice on your specific situation.
Detailed Answer
What Is Intestate Succession?
Intestate succession arises under the Kansas Intestate Succession Act (K.S.A. 59-501 et seq.) when someone dies without a valid will. The Act sets the order of heirs and how the estate distributes assets.
Distribution with No Spouse and Two Children
If a decedent dies intestate with no surviving spouse but with two surviving children, the estate passes entirely to those children in equal shares. Kansas uses a per stirpes system, so each child’s family branch receives an equal share. If a child predeceased the decedent but left descendants, that child’s share divides among those descendants.
This rule appears in K.S.A. 59-505.
Overview of Probate Steps
1. File a probate petition in the district court where the decedent resided.
2. Appoint a personal representative under K.S.A. 59-601.
3. Inventory and appraise the estate’s assets.
4. Notify creditors and resolve valid claims.
5. Distribute remaining assets equally to the two children per stirpes.
6. Close the estate.
Helpful Hints
- Verify that no valid will or codicil exists.
- Obtain the decedent’s death certificate and birth records of heirs.
- Map out your family tree to confirm heirship and representation.
- Consider small estate proceedings if the estate value falls below Kansas thresholds.
- Keep clear records of all court filings and distributions.
- Consult a Kansas attorney for guidance through probate administration.