59-6a201. Definitions. As used in this section [article]: (a) “Decedent’s nonprobate transfers to others” means the decedent’s nonprobate transfers to persons, other than the decedent’s spouse, surviving spouse, the decedent, or the decedent’s creditors, estate, or estate creditors, that are included in the augmented estate under K.S.A. 59-6a205, and amendments thereto. (b) “Fractional interest in […]
59-6a202. Elective share; amount; supplemental amount; effect of election on statutory benefits; nonresident. (a) (1) The surviving spouse of a decedent who dies a resident of this state has a right of election, under the limitations and conditions stated in this act, to take an elective-share amount equal to the value of the elective-share percentage […]
59-6a203. Composition of the augmented estate. Subject to K.S.A. 59-6a208, the value of the augmented estate, to the extent provided in K.S.A. 59-6a204 through 59-6a207, consists of the sum of the values of all property that constitute the decedent’s net probate estate, the decedent’s nonprobate transfers to others, the decedent’s nonprobate transfers to the surviving […]
59-6a204. Decedent’s net probate estate. The value of the augmented estate includes the value of the decedent’s probate estate, reduced by funeral and administration expenses, homestead or homestead allowance, family allowances and enforceable demands. History: L. 1994, ch. 132, § 4; L. 1996, ch. 53, § 3; July 1.
59-6a205. Decedent’s nonprobate transfers to others. The value of the augmented estate includes the value of the decedent’s nonprobate transfers to others, not included under K.S.A. 59-6a204, and amendments thereto, of any of the following types, in the amount provided respectively for each type of transfer. (a) Property owned or owned in substance by the […]
59-6a206. Decedent’s nonprobate transfers to the surviving spouse. Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent’s nonprobate transfers to the decedent’s surviving spouse, which consists of all property that passed outside probate at the decedent’s death from the […]
59-6a207. Surviving spouse’s property and nonprobate transfers to others. (a) Except to the extent included in the augmented estate under K.S.A. 59-6a204 or K.S.A. 59-6a206, and amendments thereto, the value of the augmented estate includes the value of: (1) Property that was owned by the decedent’s surviving spouse at the decedent’s death, including: (A) The […]
59-6a208. Exclusions, valuation and overlapping application. (a) The value of any property is excluded from the decedent’s nonprobate transfers to others (1) to the extent the decedent received adequate and full consideration in money or money’s worth for a transfer of the property or (2) if the property was transferred with the written joinder of, […]
59-6a209. Sources from which elective share payable. (a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others: (1) Amounts included in the augmented estate under […]
59-6a210. Personal liability of recipients. (a) Only original recipients of the decedent’s nonprobate transfers to others, and the donees of the recipients of the decedent’s nonprobate transfers to others to the extent the donees have the property or the property’s proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse’s elective-share […]
59-6a211. Proceeding for elective share; time limit. (a) Except as provided in subsection (b), the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six months after the date of the decedent’s death, or within six months after […]
59-6a212. Right of election. (a) The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse by the court pursuant to K.S.A. 59-2234, and amendments thereto. (b) The right of election to the […]
59-6a213. Waiver of right of election and other rights by surviving spouse; requirements; procedures. (a) The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, the homestead allowance or the family allowance, or all of them, may be waived, wholly or partially, before or after marriage, by […]
59-6a214. Protection of payors and other third parties. (a) Although under K.S.A. 59-6a205 a payment, item of property, or other benefit is included in the decedent’s nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a […]
59-6a215. Homestead or homestead allowance. A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $50,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate. The homestead or homestead allowance is in addition to […]
59-6a216. Effectiveness of act. Any act done in any proceeding or any irrevocably accrued right acquired, before the effective date of this act is not impaired by this act. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of […]
59-6a217. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and to this end the provisions of this act are declared to […]
