When There’s No Will, There’s No Control
Many people assume that if they pass away without a will, things will just “work themselves out.” Maybe the house will go to the spouse. Maybe the kids will divvy up the rest. Unfortunately, that’s not how it works in Kansas.
When someone dies without a will a situation legally known as dying intestate their estate is governed by Kansas law, not personal wishes. That means the probate court takes over, appoints someone to manage the estate, and decides who inherits assets based strictly on state statutes.
Even if your family knows exactly what you wanted, they won’t have legal control without a will.
Probate Is Required Without a Will
In Kansas, probate is mandatory when someone dies intestate. Probate is the legal, court-supervised process to:
- Identify and value assets
- Pay debts and expenses
- Distribute remaining property to heirs
Because there’s no will, the court has no guidance beyond the Kansas Probate Code. And here’s the kicker: probate can take a minimum of six months, often longer. That’s due to the legally required creditor claim period, during which creditors can file claims against the estate.
But many cases take even longer due to:
- Problems locating heirs
- Disputes among family
- Real estate complications
- Missing documents or tax issues
- Court backlog and procedural delays
During probate, estate assets may be frozen, tied up in legal red tape, or even sold under court supervision.
Learn more about the Kansas probate process
Who Handles the Estate?
When there’s a will, you name an executor to manage your estate. Without one, the court appoints an administrator. Anyone can petition the court to be named administrator, but that doesn’t guarantee they’ll be chosen. If multiple people want the job or no one does the judge decides.
In Kansas, the administrator must:
- Follow strict legal procedures
- Often post a bond (which costs money)
- Seek court approval for many actions
- Work under closer court supervision
This adds more layers of cost, oversight, and potential conflict, especially if there are disagreements in the family.
Who Inherits If You Don’t Have a Will?
Without a will, Kansas intestacy laws decide who gets what. These rules are black-and-white and don’t consider your personal circumstances or wishes.
Here’s how it typically works:
- Married with children → estate is split between spouse and children
- Married with no children → spouse inherits all
- Unmarried with children → children inherit
- No spouse or children → inheritance goes to parents, siblings, or distant relatives
These laws don’t consider:
- Stepchildren
- Long-term unmarried partners
- Estranged or abusive family members
- Friends or charities
- Loved ones with special needs
A partner of 30 years might receive nothing, while a distant cousin could inherit simply because of legal hierarchy.
No Say in Guardianship or Special Planning
Without a will, you lose the power to:
- Appoint guardians for minor children
- Set up trusts for young or financially vulnerable heirs
- Control how and when assets are distributed
If your children inherit directly, the court may appoint a conservator to manage those assets until the child turns 18. This adds cost, complexity, and long-term court involvement that can be avoided with simple estate planning.
Increased Risk of Family Disputes
When there’s no will, families are often left to guess or argue about what the deceased “would have wanted.”
Common disputes include:
- Who should serve as administrator
- How assets are divided or valued
- Whether someone was promised something verbally
- How to deal with property or sentimental items
Because Kansas law controls everything, these conflicts often spill into court, increasing attorney’s fees, court costs, and family tension.
The Hidden Costs of Dying Without a Will
While Kansas doesn’t have a state estate tax, dying intestate still leads to significant expenses:
- Higher attorney and court fees
- Mandatory bond premiums
- Delays that can devalue assets
- Stress and confusion for your family
The cost of not having a will is often much greater than the cost of creating one with a qualified estate planning attorney.
Why a Will Still Matters
Creating a will doesn’t skip probate in Kansas—but it does give your family clarity and control.
With a valid will, you decide:
- Who manages your estate
- Who receives your property
- How and when distributions are made
- How to handle unique family or financial situations
It’s your chance to put your voice in the process—and protect your loved ones from unnecessary stress.
Explore Wills and Estate Planning with Kelly Law Firm
Final Word of Advice
If you pass away without a will in Kansas, your family loses control over your estate. Probate becomes mandatory, the court appoints an administrator, and state law not your wishes decides who inherits.
Creating a will is not just smart it’s an act of care for your loved ones.
Talk to the Experts at Kelly Law Firm
The best time to plan is now, while you’re in control of your decisions. At Kelly Law Firm, we help Kansas residents draft clear, legally sound wills and full estate plans that reflect their wishes and protect their families.
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