Kansas Statutes Annotated

K.S.A. § 59-2233 (2026)

Notice to surviving spouse

✓ current as of May 2026

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59-2233. Notice to surviving spouse. (a) Upon the appointment and qualification of any administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto, the administrator, executor, petitioner or affiant shall forthwith mail a copy of the will, if any, together with a notice statement to the surviving spouse stating: "Under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, you may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death." Such notice shall be mailed within 10 days of the qualification of the administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto. Proof shall be by affidavit filed with the court.

(b) The mailing requirement of subsection (a) may be waived if:

(1) The surviving spouse is the petitioner or affiant; and

(2) a statement that the surviving spouse is aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death is:

(A) Included in the petition for letters of administration, the petition for probate of a will, the petition for an order refusing to grant letters of administration or the affidavit pursuant to K.S.A. 59-618a, and amendments thereto; or

(B) included in an affidavit filed in the matter within 10 days after issuance of letters of administration, issuance of letters of testamentary, issuance of an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto.

History: L. 1939, ch. 180, § 209; L. 1951, ch. 335, § 2; L. 1972, ch. 215, § 13; L. 1975, ch. 299, § 18; L. 1976, ch. 242, § 34; L. 1981, ch. 228, § 5; L. 1994, ch. 132, § 20; L. 1996, ch. 53, § 7; L. 2006, ch. 52, § 1; July 1.

Notes of Decisions

Cited in 8 cases, 1949–2016 · leading case: In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).

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In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). · cites it 5× “As will be demonstrated, while a statutory duty now exists based on the 2006 amendment to *273 K.S.A. 59-2233 effective July 1, 2006, there was no duty on Schulteis’ part prior to that date to inform or give notice to Margaret of her homestead and/or spousal rights.”

In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “59-6a209, K.S.A. 1998 Supp. 59-2233, and K.S.A. 1998 Supp.”

In Re Est. of Stroble, 636 P.2d 236 (Kan. Ct. App. 1981). · cites it 2× “The trial court thus held the will to be effective as to one-half of the estate, recognizing that the husband was entitled to the other half as surviving spouse, when he elected to take under the laws of intestate succession as provided by K.S.A. 59-2233. In arriving at this…”

Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995). “K.S.A. 59-2233 (Ensley) reads: “Except where the court has previously determined the validity and binding consent to a will, when a will is admitted to probate the court shall forthwith transmit to the surviving spouse a certified copy thereof, together with a copy of K.”

Schmidt v. United States, 279 F. Supp. 811 (D. Kan. 1968). · cites it 8× “It is contended here that an election to take under the will was filed at the time of and as a part of the petition for probate of the will.”

Osborn v. Cassity, 208 P.2d 257 (Kan. 1949). · cites it 2× “It should also be noted that section 59-2233 provides for an election by the widow after the will is admitted to probate.”

In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). “Contrary to the provisions set forth in K.S.A. 59-2233, neither the Coexecutors nor their counsel provided Marilyn with the required Notice to Surviving Spouse of Elective Share Right during the probate proceedings settling Charles’ estate.”

Kurtzeborn v. Citizens Nat'l (10th Cir. 1997). · cites it 2× “Specifically, the court held under the unique facts of the case that Kan. Stat. Ann. §§ 59-2233 and 59-2234, as construed by Kansas courts, authorized the probate court to appoint a commissioner up until the time the parties terminated all litigation by execution of the family…”

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