Kansas Statutes Annotated

K.S.A. § 59-504 (2026)

Surviving spouse

✓ current as of May 2026

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59-504. Surviving spouse. If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.

History: L. 1939, ch. 180, § 26; July 1.

Notes of Decisions

Cited in 13 cases, 1968–2018 · leading case: Johnson v. McArthur, 596 P.2d 148 (Kan. 1979).

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Johnson v. McArthur, 596 P.2d 148 (Kan. 1979). · cites it 4× “K.S.A. 59-504, a part of the Kansas Probate Code, provides: "If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse.”

Taliaferro v. Taliaferro, 843 P.2d 240 (Kan. 1992). · cites it 4× “1949, 59-504 (now K.S.A. 59-504), which provides in pertinent part: “If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.”

In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). · cites it 2× “K.S.A. 59-504; K.S.A. 1998 Supp. 59-505. However, it is clear that we could not apply the elective-share statutes if they are not applicable to intestate estates.”

Peden v. State, Kansas Dept. of Revenue, 930 P.2d 1 (Kan. 1996). “23-205 (allowing an injured person to pursue a loss of consortium claim on behalf of his or her spouse); K.S.A. 59-504 (providing for intestate succession of surviving spouses).”

Rice v. Garrison, 898 P.2d 631 (Kan. 1995). · cites it 4× “The correct statute is K.S.A. 59-504 which provides: "If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse.”

Newman Ex Rel. Ausemus v. George, 755 P.2d 18 (Kan. 1988). · cites it 2× “59-603 rather than K.S.A. 59-504. Appellants argue the rule of election properly applies, making Loretta entitled to only half of Albert’s estate, rather than the entire estate as the district court ordered.”

Martin v. Naik, 228 P.3d 1092 (Kan. Ct. App. 2010). “The court rejected the distinction and held that the terms are synonymous, and concluded that the parents were not “heirs at law” under the statute, K.S.A. 59-504, that made the decedent’s now-deceased wife his sole heir.”

McCarty v. State Bank of Fredonia, 795 P.2d 940 (Kan. Ct. App. 1990). “59-603, which would entitle Loretta to one-half of the estate, or whether the rules of intestate succession in K.S.A. 59-504 apply, which would entitle Loretta to the entire estate.”

Est. of Nancy Schweizer v. Est. OF ROLAND, 638 P.2d 378 (Kan. Ct. App. 1981). “K.S.A. 59-504 states: “If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent’s property shall pass to the surviving spouse.”

Wiles v. Comm'r, 60 T.C. 56 (Tax Ct. 1973). “Notwithstanding section 60-1610(b) , it is still the law in Kansas that a wife must survive her partner in order to share in his intestate estate.”

In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998). “See K.S.A. 59-504, K.S.A. 1997 Supp. 59-505; Jackson v.”

In re Est. of Fechner, 432 P.3d 93 (Kan. Ct. App. 2018). “K.S.A. 59-504. In Chad's case, with no spouse, child, or living parent, the property goes to "the heirs of [Chad's] parents.”

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