If a man dies without a will in Kansas. Does his wife get all the estate, does the estate have to be probated?
1 Answer from Attorneys
Depends. If the person dies without a will and has children, all assets in the decedent's name will pass 50% to the surviving spouse and 50% to the children. More importantly is that all assets owned by the decedent and jointly with anyone, including the spouse, will pass automatically to the spouse on the person's death. Assets that name a beneficiary will pass to the named beneficiary, regardless of whether there is a spouse and/or children.