Kansas Statutes Annotated

K.S.A. § 59-6a212 (2026)

Right of election

✓ current as of May 2026

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59-6a212. Right of election. (a) The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse by the court pursuant to K.S.A. 59-2234, and amendments thereto.

(b) The right of election to the supplemental elective-share amount, homestead or statutory allowance may be exercised by the surviving spouse, conservator, agent under a power of attorney, guardian ad litem appointed for the surviving spouse or by the court on behalf of a disabled spouse pursuant to K.S.A. 59-2234, and amendments thereto.

History: L. 1994, ch. 132, § 12; January 1, 1995.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016).

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In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). “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 Legislature subsequently…”

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