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Dying Without a Will

K.S.A. 59-504 — all to a spouse when there are no children, and half to the spouse and half to the children when there are

Survived byWho takes
Survived byA spouse and no children or descendantsWho takesAll to the spouse
Survived byA spouse and children or their descendantsWho takesOne half to the spouse, one half to the children
Survived byChildren or their descendants and no spouseWho takesAll to the children
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Who handles this in Kansas: legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.

The children share equally, and the children of a child who died first take together the share their parent would have taken.

  • K.S.A. 59-506
Sources for this section (2)
  1. K.S.A. 59-504 — Surviving spouse
  2. K.S.A. 59-506 — Surviving children or issue

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.

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