Kansas surviving spouses have important rights under Kansas probate laws, including:
- Homestead Exemption
- Intestate Share
- Monetary Allowance
- Elective Share
- Exempt Property
The more informed a surviving spouse is about these widow’s rights, the less daunting probate will be.
Surviving Spouse Rights In Kansas When There Is No Valid Will
When someone dies without a valid will in Kansas, they have died intestate. A surviving spouse has the right to a share of the deceased spouse’s estate. The amount of the surviving spouse’s share depends on who else survived the decedent.
- Entire Estate: The surviving spouse has the right to the entire intestate estate if the decedent has no surviving issue.
- 1/2 of the Estate: The surviving spouse is entitled to 1/2 of the estate if the decedent had surviving issue.
- Real property: The surviving spouse is entitled to 1/2 of the decedent’s real property, disposition of which spouse did not consent to in writing, by will, or by election, provided that the spouse was a resident of Kansas at the time of conveyance. K.S. 59-505
Elective Share Rights
Surviving Spouse Allowances and Exemption
The surviving spouse in Kansas also has the right to exemptions and allowances under Kansas Law.
- Homestead Exemption: The surviving spouse has the right to a homestead exemption. The homestead exemption is subject to location and acreage restrictions. K.S. 59-401
- Exempt Property: The surviving spouse is entitled to an allowance for exempt personal property. K.S. 59-403
- Monetary Allowance: The surviving spouse also has the right to a monetary allowance of up to $50,000. K.S. 59-404