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

K.S.A. § 59-6a215 (2026)

Homestead or homestead allowance

✓ current as of May 2026
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59-6a215. Homestead or homestead allowance. A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $75,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate. The homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share.

History: L. 1994, ch. 132, § 15; L. 1996, ch. 53, § 6; L. 2000, ch. 25, § 2; L. 2008, ch. 14, § 2; L. 2023, ch. 77, § 5; July 1.

Notes of Decisions
Cited in 5 cases, 1999–2020 · leading case: In Re the Est. of Lane, 188 P.3d 23 (Kan. Ct. App. 2008).
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In Re the Est. of Lane, 188 P.3d 23 (Kan. Ct. App. 2008). · cites it 4× “K.S.A. 59-6a215 provides for a homestead allowance of either "the homestead, or in lieu thereof .”
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999). “K.S.A. 1998 Supp. 59-6a215 provides that the homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). “Margaret’s amended petition did not claim that she was entitled to the homestead or a homestead allowance under K.S.A. 59-6a215, which reads: “A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of…”
In re Est. of Boone (Kan. Ct. App. 2020). · cites it 2× “On October 4, 2017, however, Dean filed a second petition, seeking a homestead allowance of $50,000 under K.S.A. 2019 Supp. 59-6a215 and an elective share of Nancy's augmented estate under K.”
In Re the Est. of Cross, 367 P.3d 298 (Kan. Ct. App. 2016). “59-403 (providing statutoiy allowances for support of spouse and minor children—the family allowance); K.S.A. 59-6a215 (providing for right to elect homestead allowance in lieu of homestead).”
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