K.S.A. § 59-403

Allowance to spouse and minor children

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59-403. Allowance to spouse and minor children. When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent's minor children during the period of their minority, from the personal or real property of which the decedent was possessed or to which the decedent was entitled at the time of death, the following:

(a) The wearing apparel, family library, pictures, musical instruments, furniture and household goods, utensils and implements used in the home, one automobile, and provisions and fuel on hand necessary for the support of the spouse and minor children for one year.

(b) A reasonable allowance of not more than $75,000 in money or other personal or real property at its appraised value in full or part payment thereof, with the exact amount of such allowance to be determined and ordered by the court, after taking into account the condition of the estate of the decedent.

The property shall not be liable for the payment of any of decedent's debts or other demands against the decedent's estate, except liens thereon existing at the time of the decedent's death. If there are no minor children, the property shall belong to the spouse; if there are minor children and no spouse, it shall belong to the minor children. The selection shall be made by the spouse, if living, otherwise by the guardian of the minor children. In case any of the decedent's minor children are not living with the surviving spouse, the court may make such division as the court deems equitable.

History: L. 1939, ch. 180, § 21; L. 1941, ch. 284, § 1; L. 1965, ch. 352, § 1; L. 1967, ch. 313, § 1; L. 1975, ch. 299, § 2; L. 1989, ch. 173, § 1; L. 1991, ch. 166, § 1; L. 1994, ch. 132, § 18; L. 2000, ch. 25, § 1; L. 2008, ch. 14, § 1; L. 2023, ch. 77, § 1; July 1.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1977–2024 · leading case: In re the Norman B. Hjersted Revocable Trust

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In re the Norman B. Hjersted Revocable Trust (2006) kanctapp · cites it 14× “If Grantor’s wife makes any election against Grantor’s will or trust as permitted by K.S.A. 59-403, then all gifts or transfers to Grantor’s wife or to Grantor’s son Timothy Hjersted made pursuant to this Agreement or pursuant to the separate *801 written list are hereby revoked…”

In Re the Estate of Lane (2008) kanctapp · cites it 4× “K.S.A. 59-403 provides for a spousal allowance of up to $35,000, which is set aside for the benefit of the spouse (and any minor children) and is not subject to the payment of most of the decedent's debts.”

In Re Estate of Laue (1979) kan · cites it 5× “In addition, the district court directed the probate court to fix a statutory allowance, not to exceed $7,500, for Marie as surviving spouse, under the provisions of K.S.A. 59-403, as amended effective January 1, 1976.”

In Re the Estate of Pritchard (2007) kanctapp · cites it 4× “Five months later on October 4, 2002, Margaret filed a petition, claiming spousal survivor benefits pursuant to K.S.A. 59-403, K.S.A. 59-505, and K.S.A. 59-6a207 and seeking an order prohibiting the payment of any funds from the estate.”

In Re the Estate of Wheat (1998) kanctapp · cites it 10× “K.S.A. 59-403 states in pertinent part: “When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent’s minor children during the period of their minority, from the personal or real property of…”

In Re the Estate of Ciochon (1980) kanctapp · cites it 2× “The trial judge did not determine Ralph’s rights, if any, under K.S.A. 59-403, as no application for allowances was on file.”

In Re the Estate of Carriger (1980) kanctapp · cites it 4× “: The sole issue involved in this appeal is whether the four natural children of the decedent, all of whom were adopted by others prior to decedent’s death, are entitled to an allowance from the decedent’s estate under the provisions of K.S.A. 59-403, which provides: “When a…”

Hessenflow v. Hessenflow (1995) kanctapp “K.S.A. 59-403 reads in relevant part: “When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse .”

Commerce Bank, N.A. v. Bolander (2007) kanctapp “Commerce argues, and the district court held, the exemptions that surround an IRA or its benefits to the settlor are personal to the settlor.”

In Re the Estate of Harrison (1998) kanctapp · cites it 2× “The magistrate judge granted Cathryn her statutory allowance as a widow under K.S.A. 59-403, awarded her various personalty and a cash allowance, and approved Cathryn’s request to auction some of Roger’s personal property to pay various debts.”

Linson v. Johnson (1977) kanctapp “59-401; and to receive the allowances provided by K.S.A. 59-403. The executrix filed motion for summary judgment.”

In re Estate of Boone (2020) kanctapp · cites it 4× “Dean also sought a spousal allowance of furniture, household goods, apparel, and one year's worth of fuel under K.S.A. 2019 Supp. 59-403(a) and a spousal allowance of $50,000 cash under K.”

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— K.S.A. § 59-403(a) — 2 cases

In Re the Estate of Wheat (1998) kanctapp “K.S.A. 59-403 states in pertinent part: “When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent’s minor children during the period of their minority, from the personal or real property of…”

In re Estate of Boone (2020) kanctapp “Dean also sought a spousal allowance of furniture, household goods, apparel, and one year's worth of fuel under K.S.A. 2019 Supp. 59-403(a) and a spousal allowance of $50,000 cash under K.”

— K.S.A. § 59-403(b) — 3 cases

In Re the Estate of Lane (2008) kanctapp “K.S.A. 59-403 provides for a spousal allowance of up to $35,000, which is set aside for the benefit of the spouse (and any minor children) and is not subject to the payment of most of the decedent's debts.”

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