59-6a211. Proceeding for elective share; time limit.
59-6a211
59-6a211. Proceeding for elective share; timelimit.(a) Except as provided in subsection (b), the election shall bemade by filing in the court and mailing or delivering to the personalrepresentative, if any, a petition for the elective share within six monthsafter the date of the decedent's death, or within six months after thenotice of the right to the elective share pursuant to K.S.A. 59-2233, andamendments thereto, whichever limitation later expires. The survivingspouse must give notice of the time and place set for hearing, in such manneras ordered by the court, to persons interested in the estate and to thedistributees and recipients of portions of the augmented estate whose interestswill be adversely affected by the taking of the elective share. Except asprovided in subsection (b), the decedent's nonprobate transfers to othersare not included within the augmented estate forthe purpose of computing the elective share, if the petition is filed more thansix months after the decedent's death.
(b) Within six months after the decedent's death, the surviving spouse maypetition the court for an extension of time for making an election. If, withinsix months after the decedent's death, the spouse gives notice of the petitionto all persons interested in the decedent's nonprobate transfers to others, thecourt forgood cause shown by the surviving spouse may extend the time for election.If the court grants the spouse's petition for an extension, the decedent'snonprobate transfers to others are notexcluded from the augmented estate for the purpose of computing theelective-share and supplemental elective-share amounts, if the spouse makes anelection by filing in the court and mailing or delivering to the personalrepresentative, if any, a petition for the elective share within the timeallowed by the extension.
(c) The surviving spouse may withdraw the petition for an elective share atany time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the elective-shareand supplemental elective-share amounts, and shall order its payment from theassets of the augmented estate or by contribution as appears appropriate underK.S.A. 59-6a209 and 59-6a210. If it appears that a fund or property included intheaugmentedestate has not come into the possession of the personal representative, or hasbeen distributed by the personal representative, the court nevertheless shallfix the liability of any person who has any interest in the fund or property orwho has possession thereof, whether as trustee or otherwise. The proceeding maybe maintained against fewer than all persons against whom relief could besought, but no person is subject to contribution in any greater amount thansuch person would have been under K.S.A. 59-6a209 and 59-6a210 had relief beensecured against all persons subject to contribution.
(e) An order or judgment of the court may be enforced by the survivingspouse, as necessary, to obtain contribution or payment in other courts of thisstate or other jurisdictions. The decedent's personal representative shall notbe required to enforce contributions from the assets of the reclaimable estate.
History: L. 1994, ch. 132, § 11; Jan. 1, 1995.