Kansas Statutes Annotated

K.S.A. § 59-6a207 (2026)

Surviving spouse's property and nonprobate transfers to others

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

59-6a207. Surviving spouse's property and nonprobate transfers to others. (a) Except to the extent included in the augmented estate under K.S.A. 59-6a204 or 59-6a206, and amendments thereto, the value of the augmented estate includes the value of:

(1) Property that was owned by the decedent's surviving spouse at the decedent's death, including:

(A) The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;

(B) the surviving spouse's ownership interest in property or accounts held in coownership registration with the right of survivorship; and

(C) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead or homestead allowance, family allowance, or payments under the federal social security system; and

(2) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests include* under subparagraphs (a)(1)(A) and (B), had the spouse been the decedent.

(b) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subparagraphs (a)(1)(A) and (B), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or coowner of the property or accounts. For purposes of subparagraph (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under subsection (a)(4) of K.S.A. 59-6a205, and amendments thereto, are not valued as if such spouse were deceased.

History: L. 1994, ch. 132, § 7; L. 1996, ch. 53, § 5; July 1.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1999–2025 · leading case: In Re Est. of Hjersted, 175 P.3d 810 (Kan. 2008).

Sort: Relevance Newest Treatment

In Re Est. of Hjersted, 175 P.3d 810 (Kan. 2008). · cites it 4× “59-6a205 and K.S.A. 59-6a207. *816 . . . . "In a situation such as that presented here, upon the election by a surviving spouse, the statutory scheme requires analysis of nonprobate transfers to determine whether assets should be `pulled back' or included in the augmented…”

In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). · cites it 5× “The Kansas Bar Association Estate Administration Handbook (KBA Handbook) likewise provides an example where, because the homestead passed to the surviving spouse as joint tenant, the homestead was included in the augmented estate.”

In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). · cites it 2× “59-505, and K.S.A. 59-6a207 and seeking an order prohibiting the payment of any funds from the estate.”

In re the Est. of Hjersted, 135 P.3d 202 (Kan. Ct. App. 2006). · cites it 2× “59-6a205 and K.S.A. 59-6a207. The public purpose of the statutory scheme is to prevent disinheritance of the surviving spouse.”

In re Est. of Zavala-Ruiz (Kan. Ct. App. 2025). “The spouse's entitlement under this section shall be included as part of the surviving spouse's property under K.S.A. 59-6a207, and amendments thereto." K.”

— K.S.A. § 59-6a207(a)(1)(A) — 1 case

In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “The Kansas Bar Association Estate Administration Handbook (KBA Handbook) likewise provides an example where, because the homestead passed to the surviving spouse as joint tenant, the homestead was included in the augmented estate.”

— K.S.A. § 59-6a207(a)(1)(C) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.