Kansas

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The surviving spouse is entitled to elect an elective share equal to the value of a percentage of the augmented estate which is determined based on the length of the surviving spouse’s marriage to the decedent.  Pursuant to K.S.A. § 59-6a202, the following schedule reflects the elective share percentage based on the length of the marriage:

Length of the Marriage

The Elective Share is:

Less than 1 years

Supplemental amount only

1 year but less than 2 years

3% of the augmented estate

2 years but less than 3 years

6% of the augmented estate

3 years but less than 4 years

9% of the augmented estate

4 years but less than 5 years

12% of the augmented estate

5 years but less than 6 years

15% of the augmented estate

6 years but less than 7 years

18% of the augmented estate

7 years but less than 8 years

21% of the augmented estate

8 years but less than 9 years

24% of the augmented estate

9 years but less than 10 years

27% of the augmented estate

10 years but less than 11 years

30% of the augmented estate

11 years but less than 12 years

34% of the augmented estate

12 years but less than 13 years

38% of the augmented estate

13 years but less than 14 years

42% of the augmented estate

14 years but less than 15 years

46% of the augmented estate

15 years or more

50% of the augmented estate

 

Please note that if the decedent and the surviving spouse were married to each other on more than one occasion all periods of marriage are added together.  That said, the period(s) between marriages are not counted for the purposes of determining the elective share.

If the surviving spouse exercises his or her right of election is exercised, the surviving spouse’s homestead allowance, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.  K.S.A. § 59-6a202.

Under K.S.A. § 59-6a211, the election by a surviving spouse to elect his or her elective share of the deceased spouse’s estate must be made within the later of six months after the date of the decedent’s death or six months after the notice for the right to the elective share.

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