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

K.S.A. § 59-603 (2026)

✓ current as of May 2026
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59-603.

History: L. 1939, ch. 180, § 39; L. 1951, ch. 335, § 1; L. 1992, ch. 79, § 2; Repealed, L. 1994, ch. 132, § 21; January 1, 1995.

Notes of Decisions
Cited in 14 cases, 1971–2016 · leading case: Taliaferro v. Taliaferro, 843 P.2d 240 (Kan. 1992).
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Taliaferro v. Taliaferro, 843 P.2d 240 (Kan. 1992). · cites it 9× “59-602 nor K.S.A. 59-603 applied as those statutes were applicable only to testate estates (the latter statute concerns a surviving spouse’s election to take under or against a will).”
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). · cites it 2× “59-603 provided for the right of the surviving spouse to elect against the decedent’s will: “(a) The surviving spouse, who shall not have consented in the lifetime of the decedent to the testator’s will and any and all other dispositions subject to a surviving spouse’s right of…”
Newman Ex Rel. Ausemus v. George, 755 P.2d 18 (Kan. 1988). · cites it 2× “59-602(2) and K.S.A. 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.”
In Re the Est. of Sanders, 929 P.2d 153 (Kan. 1996). “59-602 (Ensley) and K.S.A. 59-603 (Ensley) were amended in 1992 to allow election by a surviving spouse against a will and any and all other dispositions subject to a surviving spouse’s right of election, such as a revocable trust.”
Linson v. Johnson, 575 P.2d 504 (Kan. 1978). · cites it 2× “hich held: "Nothing in the decree of separate maintenance indicates any clear intent of the *443 trial court at that time to terminate rights of inheritance by either of these parties in the estate of the other, and we hold that under the circumstances set forth in this appeal,…”
Linson v. Johnson, 563 P.2d 485 (Kan. Ct. App. 1977). · cites it 2× “Neither do we find any merit whatsoever in the suggestion that by suing for divorce, Ludie thereby consented to her husband’s will as anticipated by K.S.A. 59-603. All parties seem to agree as to the right of a surviving spouse to inherit his or her interest in property acquired…”
Spurrier v. First Nat'l Bank of Wichita, 485 P.2d 209 (Kan. 1971). · cites it 2× “Christopher, filed her timely election to take under the law as permitted by K.S.A. 59-603. On December 25, 1968, the widow died testate and the First National Bank of Wichita (appellee herein) was duly appointed executor of her will.”
In Re the Est. of Phillips, 604 P.2d 747 (Kan. Ct. App. 1980). “If on the other hand decedent was a resident of Kansas at the time of death, the widow may elect a statutory share of one-half of the decedent’s estate pursuant to K.S.A. 59-603. The distribution of property worth more than $100,000 appears to turn on resolution of the residence…”
Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995). “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.S.A. 59-603 and…”
In Re the Est. of Loughmiller, 629 P.2d 156 (Kan. 1981). “K.S.A. 59-603. An examination of the agreement and the language used by the parties reveals it was clearly executed in contemplation of divorce.”
McCarty v. State Bank of Fredonia, 795 P.2d 940 (Kan. Ct. App. 1990). “59-602(2) and K.S.A. 59-603, which would entitle Loretta to one-half of the estate, or whether the rules of intestate succession in K.”
Snodgrass v. Lyndon State Bank, 811 P.2d 58 (Kan. Ct. App. 1991). “The apparent effect of this language would have made any POD account on which the designated beneficiary was someone other than the surviving spouse subject to that spouse’s election to take his or her statutory intestate share in lieu of a will to which he or she did not…”
Show all 14 citing cases →
— K.S.A. § 59-603(a) — 1 case
In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016).
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