Kansas Statutes Annotated

K.S.A. § 59-502 (2026)

Descent of property of intestate resident

✓ current as of May 2026

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59-502. Descent of property of intestate resident. Subject to any homestead rights, the allowances provided in K.S.A. 59-403, and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession as provided in this article.

History: L. 1939, ch. 180, § 24; July 1.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1968–2025 · leading case: Spurrier v. First Nat'l Bank of Wichita, 485 P.2d 209 (Kan. 1971).

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Spurrier v. First Nat'l Bank of Wichita, 485 P.2d 209 (Kan. 1971). · cites it 8× “59-502 which read as follows: "Subject to any homestead rights, the allowances provided in section 21 [59-403], and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies…”

Johnson v. McArthur, 596 P.2d 148 (Kan. 1979). · cites it 2× “, § 59-502, Author's Comment ¶ 502.2; see McKinney v.”

State v. Drayton, 175 P.3d 861 (Kan. 2008). “At the moment of his death, property ownership of the minivan passed either to his intestate successors under K.S.A. 59-502 or to his estate pending execution of his will.”

Emil L. Jeschke, of the Est. of Emil J. Jeschke, Deceased, Ida G. Jeschke, & Myron Jeschke v. United States, 814 F.2d 568 (10th Cir. 1987). “It is an established general rule, uncontested here, that the marital deduction provided by section 2056 of the Code is reduced by expenses of administration and similar obligations which must or may be paid out of property passing from the decedent to the surviving spouse.”

In Re Est. of Williams, 714 P.2d 948 (Kan. 1986). “2d 221 (1952); K.S.A. 59-502. Such vesting, however, is subject to being divested if a will of the decedent is later admitted to probate.”

Matter of Est. of Shapiro, 380 N.W.2d 796 (Minn. 1986). “Despite the inclusion of the word “taxes” in the Kansas elective share statute (Kan.Stat.Ann. § 59-502 (1970)), a provision that is similar to Minnesota’s 1974 law, the Kansas Supreme Court noted: The purpose of Congress in providing for the marital deduction was to equalize as…”

Nickelson v. Bell, 382 P.3d 471 (Kan. Ct. App. 2016). “” K.S.A. 59-502. Later, another statute notes: “In all cases of intestate succession .”

Gov't Employees Ins. v. Wineteer, 409 F.2d 1333 (10th Cir. 1968). “K.S.A. 59-502, 59-506. . K.S.A. 59-1405. .”

Bucklin Nat'l Bank v. Hayse Ranch (Kan. Ct. App. 2020). “See K.S.A. 59-502. And the probating of a will can result in orders from the court related to real property.”

Hills v. Arensdorf (10th Cir. 2022). “See Kan. Stat. Ann. § 59-502 (establishing that intestate decedent’s property passes “at the time of death”); McKay’s Est.”

In re Est. of Zavala-Ruiz (Kan. Ct. App. 2025). “K.S.A. 59-502 et seq. Under those statutes, a surviving spouse is entitled to one- half of all real estate owned by the decedent during the marriage.”

Gov't Employees Ins. Co. v. Michael T. Wineteer, 409 F.2d 1333 (10th Cir. 1969). “1967) 6 K.S.A. 59-502, 59-506 7 K.S.A. 59-1405 8 K.”

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