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

K.S.A. § 59-6a202 (2026)

Elective share; amount; supplemental amount; effect of election on statutory benefits; nonresident

✓ current as of May 2026
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59-6a202. Elective share; amount; supplemental amount; effect of election on statutory benefits; nonresident. (a) (1) The surviving spouse of a decedent who dies a resident of this state has a right of election, under the limitations and conditions stated in this act, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:

If the decedent and the spouse were married to each other: The elective-share percentage is:

  • Less than 1 year Supplemental amount only
  • 1 year but less than 2 years 3% of the augmented estate
  • 2 years but less than 3 years 6% of the augmented estate
  • 3 years but less than 4 years 9% of the augmented estate
  • 4 years but less than 5 years 12% of the augmented estate
  • 5 years but less than 6 years 15% of the augmented estate
  • 6 years but less than 7 years 18% of the augmented estate
  • 7 years but less than 8 years 21% of the augmented estate
  • 8 years but less than 9 years 24% of the augmented estate
  • 9 years but less than 10 years 27% of the augmented estate
  • 10 years but less than 11 years 30% of the augmented estate
  • 11 years but less than 12 years 34% of the augmented estate
  • 12 years but less than 13 years 38% of the augmented estate
  • 13 years but less than 14 years 42% of the augmented estate
  • 14 years but less than 15 years 46% of the augmented estate
  • 15 years or more 50% of the augmented estate

(2) If the decedent and the surviving spouse were married to each other more than once, all periods of marriage to each other are added together for purposes of this subsection. Periods between marriages are not counted.

(b) If the sum of the amounts described in K.S.A. 59-6a207 and 59-6a209(a)(1), and amendments thereto, and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under K.S.A. 59-6a209(b) and (c), and amendments thereto, is less than $100,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $100,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in K.S.A. 59-6a209(b) and (c), and amendments thereto.

(c) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.

(d) The right, if any, of the surviving spouse of a decedent who dies a nonresident of this state to take an elective share in property in this state is governed by article 8 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.

History: L. 1994, ch. 132, § 2; L. 2023, ch. 77, § 3; July 1.

Notes of Decisions
Cited in 7 cases, 1999–2020 · leading case: In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999).
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In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). · cites it 6× “K.S.A. 59-6a202. To satisfy the elective share, the following assets are applied first to satisfy the surviving spouse’s share: (1) amounts which pass or have passed to the surviving spouse by testate or intestate succession and by nonprobate transfers, (2) amounts which would…”
In Re Est. of Hjersted, 175 P.3d 810 (Kan. 2008). · cites it 4× “K.S.A. 59-6a202. For purposes of determining the augmented estate, certain uncompensated nonprobate transfers to others are included, including certain of those during the 2-year period next preceding the decedent's death.”
Miller v. State Dep't of Soc. & Rehab. Servs., 64 P.3d 395 (Kan. 2003). · cites it 3× “Miller signed a consent to the will, accepting the rights established in the eventual trust in lieu of her spousal entitlements granted in K.S.A. 59-6a202. On April 23,1995, Mr. Miller died, with Mrs.”
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “See K.S.A. 59-6a202 (prescribing surviving spouse’s right to elective share of decedent’s augmented estate); K.”
In re the Est. of Hjersted, 135 P.3d 202 (Kan. Ct. App. 2006). · cites it 2× “K.S.A. 59-6a202. For purposes of determining the augmented estate, certain uncompensated nonprobate transfers to others are included, including certain of those during the 2-year period next preceding the decedent’s death.”
In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). · cites it 4× “Cross pursuant to K.S.A. 59-6a202 and K.S.A. 59-6a212. Although conceding she signed a written consent in 1992 to take under Charles’ will in lieu of exercising her statutory right to an elective share, Marilyn argues her written consent is no longer enforceable given the Kansas…”
In re Est. of Boone (Kan. Ct. App. 2020). · cites it 2× “59-6a215 and an elective share of Nancy's augmented estate under K.S.A. 59-6a202. Dean also sought a spousal allowance of furniture, household goods, apparel, and one year's worth of fuel under K.”
— K.S.A. § 59-6a202(a) — 1 case
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “K.S.A. 59-6a202. To satisfy the elective share, the following assets are applied first to satisfy the surviving spouse’s share: (1) amounts which pass or have passed to the surviving spouse by testate or intestate succession and by nonprobate transfers, (2) amounts which would…”
— K.S.A. § 59-6a202(a)(1) — 1 case
In re Est. of Boone (Kan. Ct. App. 2020). “59-6a215 and an elective share of Nancy's augmented estate under K.S.A. 59-6a202. Dean also sought a spousal allowance of furniture, household goods, apparel, and one year's worth of fuel under K.”
— K.S.A. § 59-6a202(a)(l) — 3 cases
Miller v. State Dep't of Soc. & Rehab. Servs., 64 P.3d 395 (Kan. 2003). “Miller signed a consent to the will, accepting the rights established in the eventual trust in lieu of her spousal entitlements granted in K.S.A. 59-6a202. On April 23,1995, Mr. Miller died, with Mrs.”
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “K.S.A. 59-6a202. To satisfy the elective share, the following assets are applied first to satisfy the surviving spouse’s share: (1) amounts which pass or have passed to the surviving spouse by testate or intestate succession and by nonprobate transfers, (2) amounts which would…”
In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). “Cross pursuant to K.S.A. 59-6a202 and K.S.A. 59-6a212. Although conceding she signed a written consent in 1992 to take under Charles’ will in lieu of exercising her statutory right to an elective share, Marilyn argues her written consent is no longer enforceable given the Kansas…”
— K.S.A. § 59-6a202(b) — 2 cases
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “K.S.A. 59-6a202. To satisfy the elective share, the following assets are applied first to satisfy the surviving spouse’s share: (1) amounts which pass or have passed to the surviving spouse by testate or intestate succession and by nonprobate transfers, (2) amounts which would…”
In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). “Cross pursuant to K.S.A. 59-6a202 and K.S.A. 59-6a212. Although conceding she signed a written consent in 1992 to take under Charles’ will in lieu of exercising her statutory right to an elective share, Marilyn argues her written consent is no longer enforceable given the Kansas…”
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