A Spouse Left Out of the Will
K.S.A. 59-6a202 — an elective share from 3% after one year of marriage to 50% after 15, and at least $100,000
The surviving spouse of a Kansas resident may elect to take a share of the augmented estate instead of what the will leaves, a percentage set by how long they were married.
Who handles this in Kansas: legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.
| Married | Elective share |
|---|---|
| MarriedLess than 1 year | Elective shareSupplemental amount only |
| Married1 year but less than 2 years | Elective share3% of the augmented estate |
| Married5 years but less than 6 years | Elective share15% of the augmented estate |
| Married10 years but less than 11 years | Elective share30% of the augmented estate |
| Married15 years or more | Elective share50% of the augmented estate |
- If the spouse's total comes to less than $100,000, a supplemental amount brings it up to $100,000.
- The homestead and family allowances come on top of the elective share.
- Periods of marriage to each other more than once are added together.
A surviving spouse is also entitled to one half of any real estate the decedent held during the marriage and gave away without the spouse's written consent, apart from land sold at a judicial sale.
Sources for this section (2)
- K.S.A. 59-6a202 — Elective share; amount; supplemental amount; effect of election on statutory benefits; nonresident
- K.S.A. 59-505 — Surviving spouse entitled to
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.