K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-510 (2026)

Advancements

✓ current as of May 2026
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59-510. Advancements. Property which has been given by an intestate decedent by way of an advancement to one to whom the decedent's property, or a part of it, would pass by intestate succession, shall be counted as a part of the distributive share of such property to such person, and to that extent shall be taken into account in determining the estate to be distributed among those to whom it passes by intestate succession, but if such advancement exceeds the amount to which such person would be entitled by the laws of intestate succession the person shall not be required to refund any portion of the advancement. If such person receiving an advancement dies before the decedent, leaving heirs who take from the decedent, the advancement shall be allowed in like manner as if it had been made directly to them.

History: L. 1939, ch. 180, § 32; July 1.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1992–2025 · leading case: In Re the Est. of Button, 830 P.2d 1216 (Kan. Ct. App. 1992).
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In Re the Est. of Button, 830 P.2d 1216 (Kan. Ct. App. 1992). “David, having failed in his burden to prove the transfers were gifts, is precluded from arguing that the transfers were entitled to be treated as advancements. The trial court correctly ruled the monies transferred to David from his parents were loans.”
In re Est. of Mueller (Kan. Ct. App. 2025). “" K.S.A. 59-510. We recognize that Cheryl's debt was not an advancement and this statute does not apply, when as here, assets were obtained by other means.”
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