Printable Format59-509. Limitation on descent. In computing degrees of relationship by blood for the purpose of the passing of property of an intestate decedent, each generation in the ascending or descending line shall be counted as one degree. None of such property shall pass except by lineal descent to a person further removed from the decedent than the sixth degree, as so computed. In all cases of intestate succession the right of a living person to have the property, or a share of it, pass to him or her, shall be determined as here provided, but the property shall pass immediately from the decedent to the person entitled to receive it.
History: L. 1939, ch. 180, ยง 31; July 1.
Law Review and Bar Journal References:
"Intestate Succession in Kansas," Jay Scott Brown, 8 W.L.J. 284, 292, 296, 297, 299 (1969).
CASE ANNOTATIONS
1. Cited; assertion of rights under postnuptial contract not claim against estate. McCormick v. Maddy, 186 K. 154, 164, 348 P.2d 1007.
2. Inapplicable where intestate died prior to enactment of probate code. Miami County Nat. Bank of Paola, Kan., v. Bancroft, 121 F.2d 921, 924, 925.
3. Mentioned; wife held to be heir, sharing under terms of will. Jackson v. Lee, 193 K. 40, 43, 392 P.2d 92.
4. Owner of mineral interest passes immediately from decent to the person entitled to receive it. Nichelson v. Bell, 53 K.A.2d 8, 13, 382 P.3d 471 (2016).