59-6a202. Elective share; amount; supplemental amount; effect of election on statutory benefits; nonresident.
59-6a202
59-6a202. Elective share; amount; supplementalamount; effect of election on statutory benefits; nonresident.(a) (1) The surviving spouse of a decedent who dies a resident of this statehas a right of election, under the limitations andconditions stated in this act, to take an elective-share amount equal to thevalue of the elective-share percentage of the augmented estate, determined bythe length of time the spouse and the decedent were married to each other, inaccordance with the following schedule:
If the decedent and the spouse
The elective-sharewere married to each other:
percentage is:
Less than 1 year.................Supplemental amount only1 year but less than 2 years.................3% of the augmented estate2 years but less than 3 years.................6% of the augmented estate3 years but less than 4 years.................9% of the augmented estate4 years but less than 5 years.................12% of the augmented estate5 years but less than 6 years.................15% of the augmented estate6 years but less than 7 years.................18% of the augmented estate7 years but less than 8 years.................21% of the augmented estate8 years but less than 9 years.................24% of the augmented estate9 years but less than 10 years.................27% of the augmented estate10 years but less than 11 years.................30% of the augmented estate11 years but less than 12 years.................34% of the augmented estate12 years but less than 13 years.................38% of the augmented estate13 years but less than 14 years.................42% of the augmented estate14 years but less than 15 years.................46% of the augmented estate15 years or more.................50% of the augmented estate
(2) If the decedent and the surviving spouse were married to each other morethan once, all periods of marriage to each other are added together forpurposes of this subsection. Periods between marriages are not counted.
(b) If the sum of the amounts described in K.S.A. 59-6a207, subsection(a)(1) of K.S.A. 59-6a209 and that part of the elective-share amount payablefrom the decedent's probate estate and nonprobate transfers to others undersubsections (b) and (c) of K.S.A. 59-6a209 is less than $50,000, the survivingspouse is entitled to a supplemental elective-share amount equal to$50,000, minus the sum of the amounts described in those sections. Thesupplemental elective-share amount is payable from the decedent's probateestate and from recipients of the decedent's nonprobate transfers to others inthe order of priority set forth in subsections (b) and (c) of K.S.A. 59-6a209.
(c) If the right of election is exercised by or on behalf of the survivingspouse, the surviving spouse's homestead allowance, and familyallowance, if any, are not charged against but are in addition to theelective-share and supplemental elective-share amounts.
(d) The right, if any, of the surviving spouse of a decedent who dies anonresident of this state to take an elective share in property in this stateis governed by article 8 of chapter 59 of the Kansas Statutes Annotated, andamendments thereto.
History: L. 1994, ch. 132, § 2; Jan. 1, 1995.