Is probate administration required when there is no will in Kansas (KS)?

Detailed answer — probate and intestacy under Kansas law

When a person dies without a will in Kansas, their estate is governed by the Kansas Probate Code. The court process that appoints a person to manage the decedent’s estate and to pay debts and distribute remaining assets is called probate administration. The need for probate depends mainly on what assets the decedent owned and how title to those assets is held.

When probate is commonly required

Probate administration is commonly required if the decedent owned assets in their sole name that cannot be transferred outside probate. Typical examples include:

• Real estate titled only in the decedent’s name.
• Bank accounts, investment accounts, or personal property held only in the decedent’s name without payable‑on‑death (POD) or transfer‑on‑death (TOD) designations.
• Situations where creditors must be notified and outstanding debts resolved before distribution of assets.

When probate may not be necessary

Probate may be avoided or unnecessary if most or all estate assets pass automatically outside probate. Common non‑probate transfers include:

• Assets owned jointly with rights of survivorship (for example, joint bank accounts or joint tenancy real estate).
• Assets that name beneficiaries, such as life insurance, retirement accounts, or accounts with POD/TOD designations.
• Assets held in a revocable living trust that name a successor trustee.

Even if some assets pass outside probate, the decedent may still have property that requires a probate administration to collect and distribute.

How property is distributed if there is no will

If probate is opened for an intestate estate, Kansas law sets out who inherits and in what portions under the intestacy rules in the Kansas Probate Code (K.S.A. Chapter 59). The probate court will appoint an administrator (sometimes called an executor when there is a will, but an administrator when there is not) to inventory assets, pay valid debts and taxes, and distribute the remainder to heirs according to Kansas intestate succession rules. See the Kansas Probate Code for the statutory framework: K.S.A. Chapter 59.

Are there simplified or small‑estate procedures in Kansas?

Kansas provides certain simplified procedures in limited situations so that small estates or particular personal property can be collected without a full probate administration. The availability and specifics vary by case and by county court rules. If the estate is small or consists largely of assets that can be collected with an affidavit or other streamlined procedure, you may avoid formal administration. Contact the local probate court or review the Kansas Probate Code for details: Kansas Courts — Probate Information.

How probate starts when there is no will

1. File a petition for appointment of an administrator in the probate division of the district court in the county where the decedent lived.
2. The court issues letters of administration to the appointed administrator, giving authority to collect assets, pay debts, and distribute the estate.
3. The administrator inventories assets, publishes or gives notice to creditors, resolves claims, files tax returns if required, and distributes assets to heirs per Kansas intestacy law.

Because the process requires court paperwork and compliance with statutory duties, many people hire an attorney to help, especially when the estate includes real estate, business interests, or contested creditor claims.

When you should consult an attorney

Use an attorney if:

• Real estate or complex assets require transfer.
• Heirs dispute who is entitled to inherit or who should serve as administrator.
• Significant debts or potential creditor claims exist.
• There are questions about whether simplified procedures apply.

Helpful hints — what to do next

• Find and secure key documents: death certificate, deeds, vehicle titles, bank and investment statements, insurance and retirement account statements, and any potential will.
• Check beneficiary designations and account titling—these often determine whether assets avoid probate.
• Contact the probate clerk in the county where the decedent lived to learn local forms, filing fees, and whether small‑estate procedures apply.
• If you locate a will, file it with the probate court promptly; if no will exists, ask the court about appointing an administrator.
• Gather notices of any debts and pause major estate distributions until the court process clarifies obligations—distributing assets prematurely can create personal liability.
• Ask whether any assets are held in a trust or have beneficiary designations; those often pass outside probate and simplify the work for heirs.
• Keep clear records and receipts of all estate transactions; the administrator must account to the court and heirs for estate activity.