Kansas Disinheritance: Can You Leave Family Out of Your Will?
Kansas disinheritance means leaving a child, spouse or other relative out of your estate plan. In many cases, a will can direct your property away from an adult child or another relative. However, Kansas law gives a surviving spouse and minor children protections that a will alone may not override. In addition, a carelessly written plan can fail and send property to the very person you meant to leave out.
This article explains how disinheritance generally works in Kansas and where plans often go wrong. It offers general information, not legal advice about your situation. If you are new to estate planning, our overview of what a will is may help.
How Kansas Disinheritance Generally Works
Kansas courts read a will as a whole and try to carry out what it says. As a result, the most reliable approach to Kansas disinheritance is usually a complete plan. That plan gives your entire estate to other people instead of relying on one sentence about one person.
Why a Kansas Disinheritance Clause Alone May Fail
In In re Estate of Stroble, a 1981 Kansas Court of Appeals case, a woman left everything to her mother. The gift depended on her mother surviving her by 30 days, and the will expressly excluded her husband. However, her mother did not survive her as required, and the will named no backup beneficiary.
The court held that the gift failed and that the exclusion clause had no effect, because the will gave the property to no one else. Consequently, the estate passed under the rules for dying without a will in Kansas, and the husband took everything. The court relied on a general rule that a person cannot disinherit an heir by words alone. In other words, the property usually must go to someone else.
Do You Have to Name the Person You Leave Out?
Not necessarily. In In re Estate of Rickabaugh, a 2015 Kansas Court of Appeals decision that the Kansas Supreme Court later affirmed on other issues, a grandfather’s will did not mention his son. Instead, it gave his estate to his wife, then to his two granddaughters, with a veterinarian as a final backup.
Even so, the court found that the will disinherited the son, because every asset went to other people. The court also stated that Kansas law does not require an affirmative statement of disinheritance. Still, it noted that an explicit clause shows the testator did not simply overlook the person. Therefore, clear language naming the person may reduce the risk of a dispute.
Can You Disinherit a Child in Kansas?
In the Kansas disinheritance cases discussed here, courts enforced wills that left adult children nothing. In each one, the will gave the estate to others. Even so, minor children may benefit from the homestead and allowance protections discussed below. Beyond those protections, the rules for a particular child can depend on the family’s facts.
The Holderman Trap: Kansas Disinheritance and Grandchildren
In In re Estate of Holderman, a published 2025 Court of Appeals decision, a man left everything to his parents. His will also stated that his two children would not inherit. However, both parents died years before he did, and the will had no residuary clause. As a result, the Kansas antilapse statute sent the gift to his parents’ descendants.
The court treated the disinherited children as if they had died first. Consequently, one daughter’s four children took a share. The court refused to infer an intent to disinherit the grandchildren, because the will did not say so. In short, a Kansas disinheritance clause that names only a child may not reach that child’s children. Our companion article, Kansas Antilapse Statute: What Happens If a Beneficiary Dies First, covers this rule.
How Rickabaugh and Holderman Fit Together
Both courts enforced what the will said or necessarily implied. In Rickabaugh, the will gave everything to others, so it excluded the son without naming him. In Holderman, the clause named only the children, so the court would not stretch it to the grandchildren. Neither decision holds that a will must name everyone it leaves out.
Can You Disinherit a Spouse in Kansas?
Generally, a will alone may not fully cut out a surviving spouse. Kansas gives the surviving spouse of a Kansas resident the right to claim an elective share, rather than accept only what the will provides. For this reason, Kansas disinheritance planning for a married person usually starts with the elective share.
In In re Estate of Hjersted, the Kansas Supreme Court said these laws aim to protect a surviving spouse from disinheritance. The court added that they also guard against a spouse taking too much. That case also shows how disputes over valuing transferred property can turn on specific facts.
How the Elective Share Is Calculated
Under K.S.A. 59-6a202, the elective share is a percentage of the augmented estate, based on how long the marriage lasted:
- Less than 1 year: the supplemental amount only
- 1 to 10 years: 3% for each full year of marriage, from 3% up to 30%
- 11 to 14 years: 34%, 38%, 42% or 46%
- 15 years or more: 50% of the augmented estate
The statute also provides a supplemental amount. Generally, if the elective share and certain credited amounts total less than $100,000, the spouse may receive the difference. In addition, the homestead allowance and family allowance come on top of these amounts.
Property Outside the Will May Count
Under K.S.A. 59-6a205, the augmented estate may include certain transfers to people other than the spouse, such as:
- The decedent’s share of joint tenancy property that passed to a surviving joint owner
- Accounts or property that passed directly to another person at death
- Life insurance the decedent owned that was payable to someone else
- Certain property the decedent transferred during the marriage while keeping control over it
- Gifts made during the marriage in the two years before death, to the extent gifts to one person exceeded $25,000 in either year
As a result, retitling assets or naming other beneficiaries may not defeat the elective share. Couples considering living or revocable trusts may want to ask how those tools affect it.
The Deadline to Claim the Elective Share
Under K.S.A. 59-6a211, the spouse generally must file a petition within six months after the death. Alternatively, the spouse may file within six months after the required notice of the right, if that period ends later. However, a petition filed more than six months after the death generally leaves out property outside the probate estate. A spouse may ask for an extension, but that request must also come within six months after the death.
Waivers in Premarital and Marital Agreements
Under K.S.A. 59-6a213, a spouse may waive the elective share and homestead and allowance rights in a signed writing, before or after marriage. However, a court generally will not enforce a waiver that the spouse proves was involuntary. A waiver also is not enforceable if the spouse proves it was unconscionable when signed. That defense generally also requires that the spouse lacked fair disclosure and adequate knowledge of the finances, and did not waive disclosure in writing. For documents signed on or after July 1, 2002, waiving homestead or allowance rights requires clear language showing each spouse understood the waiver.
Homestead and Family Allowance Protections
First, K.S.A. 59-401 generally protects a family homestead that the surviving spouse and children continue to occupy. It covers up to 160 acres outside city limits, one acre inside city limits, or a manufactured or mobile home. The homestead is generally exempt from distribution and most debts, although title passes like other property.
Second, K.S.A. 59-403 provides an allowance for the surviving spouse and minor children of a Kansas resident, whether or not there is a will. It includes clothing, furniture and household goods, one automobile, and the food and fuel on hand needed to support the family for one year. It also includes a reasonable allowance of up to $75,000, which the court sets based on the estate’s condition. If there is no spouse, the allowance generally belongs to the minor children. Outcomes typically depend on the specific facts.
Life Changes That Can Upend a Kansas Disinheritance Plan
A plan that works today may not work later. Under K.S.A. 59-610, marrying and having a child after you sign your will revokes the will. This includes a child by birth or adoption, and the statute on its face requires both events. Likewise, a divorce revokes provisions for the former spouse. For these reasons, it may help to review your will after major family changes.
Couples with a joint will may face other issues. Our companion article, Kansas Joint Wills: When a Couple’s Will Becomes a Binding Contract, explains them.
Do No Contest Clauses Protect a Kansas Disinheritance?
A no contest clause, also called an in terrorem clause, cancels the gift of a beneficiary who challenges the will. In In re Estate of Campbell, the Kansas Court of Appeals adopted a rule that such clauses are generally valid. However, a court generally will not enforce one against a challenger who had probable cause. Under Campbell, probable cause looks at the evidence when the challenge begins. It asks whether that evidence would lead a reasonable person, properly informed and advised, to expect a substantial likelihood of success.
Because the clause works by taking away a gift, it may do little to deter someone who receives nothing. That limits its role in Kansas disinheritance planning. A relative left out of the will may also challenge it, for example over capacity or undue influence. Our companion article, Kansas Will Contest: Capacity, Undue Influence and Your Rights, explains those claims.
Steps That May Strengthen a Kansas Disinheritance Plan
No plan to leave someone out of a will removes every risk. Still, a careful plan often includes these steps:
- Giving the entire estate to named beneficiaries, with backups and a residuary clause
- Using survival conditions carefully, since a failed condition undid the plan in Stroble
- Stating whether a disinheritance also covers the person’s descendants
- Coordinating beneficiary designations, joint accounts and trusts with the will
- For married people, considering whether a valid marital agreement fits their goals
Comparing trusts versus wills may also help. Some of these choices involve tradeoffs to discuss with an attorney.
Frequently Asked Questions About Kansas Disinheritance
Can I leave my adult child out of my will in Kansas?
Often, yes. Kansas courts have enforced wills that gave the entire estate to others. However, a failed gift can send property through intestacy, and the child’s own children may still take in some cases.
Can I disinherit my spouse in Kansas?
Generally, not completely through a will alone. A surviving spouse may claim an elective share and may receive homestead and allowance protections. A valid written waiver may change that result.
Do I have to name the person I am disinheriting?
Not necessarily. One Kansas appellate decision found a son disinherited even though the will did not mention him. Still, a clear statement may reduce disputes.
If I disinherit a child in Kansas, does that disinherit the grandchildren?
Not necessarily. In a published 2025 decision, a disinherited daughter’s children shared in the estate because the will did not clearly exclude them.
How long does a spouse have to claim the elective share?
Generally, six months after the death or six months after the required notice of the right, whichever is later. Filing more than six months after the death may shrink the calculation.
Talk With a Kansas Estate Planning Attorney
Disinheritance decisions often involve family history, blended families and property outside the will. Because every Kansas disinheritance question turns on details this article cannot cover, individual advice matters. If you want to leave someone out of a will, a Kansas estate planning attorney can review your options. The same is true if you believe a loved one’s will left you out.
Mack & Associates, LLC serves clients from offices in Topeka, Wichita, Lawrence, Leawood and Dodge City. You can learn about our wills and trusts team in Topeka or schedule a free strategy session.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney client relationship with Mack & Associates, LLC. Kansas law can change, and the outcome of any matter depends on its specific facts. Please consult a licensed Kansas attorney about your situation before acting on any information in this article.
