59-401.
Homestead.
A homestead to the extent of 160 acres of land lying without, or of one acre lying within, the limits of an incorporated city, or a manufactured home or mobile home, occupied by the decedent and family, at the time of the owner's death, as a residence, and continued to be so occupied by the surviving spouse and children, after such death, together with all the improvements on the same, shall be wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the decedent, but it shall not be exempt from sale for taxes thereon, or for the payment of obligations contracted for the purchase thereof, or for the erection of improvements thereon, or for the payment of any lien given thereon by the joint consent of husband and wife. The title to the homestead property of a decedent shall pass the same as the title to other property of the decedent.
History:
L. 1939, ch. 180, § 19; L. 1953, ch. 272, § 1; L. 1979, ch. 178, § 1; L. 1991, ch. 33, § 34; July 1.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1969–2024 · leading case:
In Re the Est. of Fink, 609 P.2d 211 (Kan. Ct. App. 1980).
In Re the Est. of Fink, 609 P.2d 211 (Kan. Ct. App. 1980).
· cites it 6× “, Article 4 of the Probate Code, K.S.A. 59-401 et seq., and K.S.A. 60-2301 et seq.”
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999).
· cites it 2× “K.S.A. 59-401 defines homestead as 160 acres of land lying without, or one acre lying within, the limits of an incorporated city occupied by the decedent and family and continued to be occupied by the surviving spouse.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
· cites it 2× “The magistrate ruled that the property nonetheless qualified as a homestead for purposes of K.S.A. 59-401 and was, therefore, exempt from distribution.”
In Re the Est. of Phillippe, 933 P.2d 151 (Kan. Ct. App. 1997).
· cites it 3× “er with all the improvements on the same, shall be wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the decedent, but it shall not be exempt from sale for taxes thereon, or for the payment of obligations contracted for the…”
St. Francis Reg'l Med. Ctr., Inc. v. Bowles, 836 P.2d 1123 (Kan. 1992).
“K.S.A. 59-401 et seq. St. Francis counters Tamara’s argument regarding these statutes by pointing out the allowances or exemptions provided by the statutes will also be applicable to health care providers seeking compensation for spousal necessaries.”
Carter v. City of Emporia, Kan., 543 F. Supp. 354 (D. Kan. 1982).
“2d 148 (1979), the Kansas Supreme Court construed the term “heirs at law” to be synonymous with the term “heirs” as construed under the Kansas intestate succession statutes, K.S.A. 59-401 to -514. See discussion in Comment, Torts: “Heirs at Law” Construed in Kansas Wrongful…”
Est. of Johnson v. Johnson, 452 P.2d 286 (Kan. 1969).
“558 ); and by various statutes, culminating with K.S.A. 59-401, the legislature has expressly extended such exemption, upon the death of the owner, to his surviving spouse and children.”
Com. Bank, N.A. v. Bolander, 239 P.3d 83 (Kan. Ct. App. 2007).
“Commerce argues, and the district court held, the exemptions that surround an IRA or its benefits to the settlor are personal to the settlor.”
Dittmer v. Schmidt, 683 P.2d 1252 (Kan. 1984).
“59-1405 states: “The property of a decedent, except as provided in K.S.A. 59-401 and 59-403, shall be liable for the payment of the decedent’s debts and other lawful demands against the estate.”
Linson v. Johnson, 563 P.2d 485 (Kan. Ct. App. 1977).
“Thereafter, the matter was transferred to the District Court of Johnson County for a determination of the issues of whether Ludie is entitled to share in the estate of the decedent George as his widow; whether she is entitled to homestead rights on the land occupied by her in…”
In re Peake, 480 B.R. 367 (Bankr. D. Kan. 2012).
· cites it 2× “See Kan. Stat. Ann. § 59-401 (2005) (homestead occupied by surviving spouse and children of decedent is exempt from distribution or payment of decedent’s debts).”
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