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Spousal Elective Share Law in Kansas

In Kansas, a surviving spouse can elect a percentage of the augmented estate that rises with the length of the marriage, from 3% after 1 year to 50% after 15 years, by petition within 6 months after death or 6 months after notice of the right to elect, whichever is later.

Last checked . General information, not legal advice.

Kansas at a glance

Elective share
3% to 50% of augmented estate, by length of marriage
50% after 15 years of marriage. A $100,000 supplemental amount can apply.
Deadline to elect
6 months after death or after notice of right, if later
A petition to extend can be filed within 6 months after death.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Kansas

How much can a surviving spouse claim in Kansas if left out of the will?

Elective share in Kansas: 3% to 50% of augmented estate, by length of marriage. 50% after 15 years of marriage. A $100,000 supplemental amount can apply.

What is the deadline to claim the elective share in Kansas?

Deadline to elect in Kansas: 6 months after death or after notice of right, if later. A petition to extend can be filed within 6 months after death.

Is Kansas a community property state?

No. Community property state in Kansas: no. Not on the IRS list of community property states.

Where do the Kansas spousal elective share laws come from?

The rules above come from Kan. Stat. 59-6a202 and Kan. Stat. 59-6a211. Each source is linked on this page. We last checked them in October 2026.

Good to know

The $100,000 supplemental amount reflects a 2023 amendment to K.S.A. 59-6a202 (L. 2023, ch. 77), effective July 1, 2023.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.