692, 699, 659 P.2d 823 (1983). Our Kansas Probate Code expressly provides that, absent certain exceptions, “the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession.” K.S.A. 59-502. Later, another statute notes: “In all cases of intestate succession . . . the property shall pass immediately from the decedent to the person entitled to receive it.” (Emphasis added.) K.S.A. 59-509. Several of our Kansas cases reiterate this principle, holding: “By law the whole of an estate vests in the heirs, testate or intestate, at the death of an ancestor.” Peterson v. Peterson, 173 Kan. 636, 640, 251 P.2d 221 (1952); see also In re Estate of Williams, 238 Kan. 651, 659, 714 P.2d 948 (1986); Magaw v. Emick, 167 Kan. 580, 585, 207 P.2d 448 (1949) (<HOLDING>). And as Intestate Descendants observe, a
holding fact that estate may ultimately distribute cash to heirs does not convert estates claim to claim by heirs for purpose of estoppel holding that wjhile the administrator has a right of possession until the estate is settled    the property passes to the heirs holding that an appurtenant easement is an incident of the estate granted and passes with it holding that taxes were a claim against the estate that had to be filed in probate court thus reversing an order requiring heirs to pay taxes on estate property because the district court did not have jurisdiction holding that no right of action is given to the estate of the victim of a tort but is granted only to his heirs  if there are no heirs no right of action vests in anybody