Kansas Statutes Annotated
K.S.A. § 59-506 (2026)
Surviving children or issue
✓ current as of May 2026
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59-506. Surviving children or issue. If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.
History: L. 1939, ch. 180, § 28; July 1.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1973–2025 · leading case: Draughon v. United States, 103 F. Supp. 3d 1266 (D. Kan. 2015).
Draughon v. United States, 103 F. Supp. 3d 1266 (D. Kan. 2015). “Kan. Stat. Ann. § 59-506 . Here, William Draughon left children and no spouse.”
Baugh v. Baugh Ex Rel. Smith, 973 P.2d 202 (Kan. Ct. App. 1999). “59-501(a) provides that “ ‘[c]hildren’ means biological children, including a posthumous child; children adopted as provided by law; and children whose parentage is or has been determined under the Kansas parentage act or prior law.”
In Re the Est. of Newland, 730 P.2d 351 (Kan. 1986). “This brings us to the final issue: Was the district court correct in making a determination that the heirs at law of Lester New-land were the decedent’s brother and four sisters with no proof or finding of Charles Newland’s death? Such a finding of death is essential because…”
Carter v. City of Emporia, Kan., 543 F. Supp. 354 (D. Kan. 1982). “Here, the deceased was survived by four children and no spouse.”
In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015). “In turn, Everett says because the condition failed—Beuford actually lived past both granddaughters’ 30th birthdays'—the bequest terminated, so the pertinent property (effectively the whole estate) should pass by intestate succession.”
Est. of Nancy Schweizer v. Est. OF ROLAND, 638 P.2d 378 (Kan. Ct. App. 1981). “His property would be subject to K.S.A. 59-506, which states in pertinent part: “If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the…”
In Re Est. of Ricklefs, 508 P.2d 866 (Kan. 1973). “Such a finding is also consistent with K.S.A. 59-506 which provides the issue of a previously deceased child of an intestate shall take to the exclusion of the spouse of the previously deceased child.”
In re the Est. of Hinderliter, 882 P.2d 1001 (Kan. Ct. App. 1994). “59-506 provides that if a decedent leaves children but no spouse, the estate passes to the children; or, if a decedent leaves a spouse and children, half of the estate passes to the children.”
In Re the Est. of Brenner, 362 P.3d 30 (Kan. Ct. App. 2015). “If that issue arises, it will be an issue for the district court to resolve, not for us to resolve in anticipation of what an administrator might or might not do.”
Walker v. Corizon Health, Inc., 370 F. Supp. 3d 1271 (D. Kan. 2019). “Kan. Stat. Ann. § 59-506 . Here, the Complaint alleges that plaintiff I.”
Throgmorton v. Papay (D. Kan. 2023). “Timothy Throgmorton, one of the surviving brothers of decedent and personal representative of his Illinois estate, and Brittany Oschmann, decedent’s sole surviving daughter and sole heir at law, Kan. Stat. Ann. §59-506 , as decedent had no spouse.”
Ferrell v. K.B. Custom Ag Servs. LLC (D. Kan. 2025). “]” Kan. Stat. Ann. § 59-506 . Thus, S.F. is the decedent’s sole heir at law.”
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