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. K.S. 59-504.
- 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
If the sum of the amounts described in K.S.A. 59-6a207, subsection (a)(1) of K.S.A. 59-6a209 and that part of the elective-share amount payable from the decedent’s probate estate and nonprobate transfers to others under subsections (b) and (c) of K.S.A. 59-6a209 is less than $50,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $50,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent’s probate estate and from recipients of the decedent’s nonprobate transfers to others in the order of priority set forth in subsections (b) and (c) of K.S.A. 59-6a209.
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