2012 Kansas Statutes
Chapter 59 PROBATE CODE
Article 6a ELECTIVE SHARE OF SURVIVING SPOUSE
Section 59-6a,202 Elective share; amount; supplemental amount; effect of election on statutory benefits; nonresident.
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 of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:
If the decedent and the spouse were married to each other: | The elective-share percentage is: |
Less than 1 year | Supplemental amount only |
1 year but less than 2 years | 3% of the augmented estate |
2 years but less than 3 years | 6% of the augmented estate |
3 years but less than 4 years | 9% of the augmented estate |
4 years but less than 5 years | 12% of the augmented estate |
5 years but less than 6 years | 15% of the augmented estate |
6 years but less than 7 years | 18% of the augmented estate |
7 years but less than 8 years | 21% of the augmented estate |
8 years but less than 9 years | 24% of the augmented estate |
9 years but less than 10 years | 27% of the augmented estate |
10 years but less than 11 years | 30% of the augmented estate |
11 years but less than 12 years | 34% of the augmented estate |
12 years but less than 13 years | 38% of the augmented estate |
13 years but less than 14 years | 42% of the augmented estate |
14 years but less than 15 years | 46% of the augmented estate |
15 years or more | 50% of the augmented estate Disclaimer: These codes may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. |