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

K.S.A. § 59-6a201 (2026)

Definitions

✓ current as of May 2026
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59-6a201. Definitions. As used in this section*:

(a) "Decedent's nonprobate transfers to others" means the decedent's nonprobate transfers to persons, other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors, that are included in the augmented estate under K.S.A. 59-6a205, and amendments thereto.

(b) "Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants, unless there is proof of some other proportional ownership, legal or equitable.

(c) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.

(d) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that such person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.

(e) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.

(f) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent's self, the decedent's creditors, the decedent's estate, or creditors of such decedent's estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.

(g) "Probate estate" means property that would pass by intestate succession if the decedent died without a valid will.

(h) "Property" includes values subject to a beneficiary designation.

(i) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust or a similar arrangement.

(j) "Transfer" as it relates to a transfer by or of the decedent, includes (1) an exercise or release of a presently exercisable general power of appointment held by the decedent, (2) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (3) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent's self and of a power described in subsection (b)(2) of K.S.A. 59-6a205, and amendments thereto, that the decedent conferred on a nonadverse party.

(k) "Value of the homestead." For the purposes of article 6a of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, where the surviving spouse exercises the right to the homestead, the homestead shall be valued as a life estate interest in the equity of the real estate comprising the homestead in the manner provided by the federal estate tax in 26 U.S.C. 2031, and amendments thereto.

History: L. 1994, ch. 132, § 1; L. 1996, ch. 53, § 2; July 1.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1999–2025 · leading case: In Re Est. of Hjersted, 175 P.3d 810 (Kan. 2008).
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In Re Est. of Hjersted, 175 P.3d 810 (Kan. 2008). · cites it 6× “K.S.A. 59-6a201 et seq. There is no dispute about the percentage share to which she is entitled.”
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). · cites it 5× “John questions for the first time on appeal whether the elective-share provisions under K.S.A. 59-6a201 et seq., apply to intestate estates.”
In re the Norman B. Hjersted Revocable Trust, 135 P.3d 192 (Kan. Ct. App. 2006). · cites it 8× “In July 2001, Maryam Hjersted filed and served a notice of her intent to file a petition for her elective share of the estate and thereafter filed her petition in accord with K.S.A. 59-6a201 et seq. In June 2003, counsel for Lawrence sent a letter to Timothy, son of decedent’s…”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). · cites it 5× “The homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share.”
Est. of Draper v. Bank of Am., N.A., 205 P.3d 698 (Kan. 2009). “Without context, the term “entire estate” is ambiguous because the law recognizes many different types of “estates.” For example, the terms “probate estate,” “taxable estate,” and “augmented estate” can each be substituted for the term “entire estate,” and each such estate would…”
In Re the Est. of Butler, 343 P.3d 85 (Kan. 2015). · cites it 2× “(14) An order compelling or refusing to compel payments or contributions of property required to satisfy the elective share of a surviving spouse pursuant to K.S.A. 59-6a201 et seq., and amendments thereto.”
In re the Est. of Hjersted, 135 P.3d 202 (Kan. Ct. App. 2006). · cites it 3× “Hjersted, petitioned under K.S.A. 59-6a201 to take her spousal elective share of tire augmented estate, thus triggering contentious and complex litigation with her stepson and executor, Lawrence Hjersted, regarding valuation of uncompensated nonprobate transfers to Lawrence and…”
In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). “Resolution of both issues raised by Marilyn requires interpretation of provisions in the Kansas Probate Code (KPC) regarding the elective share of a surviving spouse, K.S.A. 59-6a201 et seq. Interpretation of a statute is a question of law.”
In re Est. of Zavala-Ruiz (Kan. Ct. App. 2025). “A spouse's right to claim property in a decedent's estate was expanded with the spousal elective share provisions of K.S.A. 59-6a201 et seq. In Kansas, the spouse's elective share applies to testate and intestate estates.”
— K.S.A. § 59-6a201(b) — 1 case
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “John questions for the first time on appeal whether the elective-share provisions under K.S.A. 59-6a201 et seq., apply to intestate estates.”
— K.S.A. § 59-6a201(g) — 1 case
Est. of Draper v. Bank of Am., N.A., 205 P.3d 698 (Kan. 2009). “Without context, the term “entire estate” is ambiguous because the law recognizes many different types of “estates.” For example, the terms “probate estate,” “taxable estate,” and “augmented estate” can each be substituted for the term “entire estate,” and each such estate would…”
— K.S.A. § 59-6a201(k) — 1 case
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “John questions for the first time on appeal whether the elective-share provisions under K.S.A. 59-6a201 et seq., apply to intestate estates.”
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