Elective Share in Kansas
State-specific overview · Estate & Probate
A surviving spouse receives one-half of the estate if no children exist, or one-third if children survive.
How Kansas treats Elective Share
Kansas follows the Uniform Probate Code model, granting the surviving spouse an elective share that varies by whether the deceased left descendants. If the deceased spouse left no children or grandchildren, the surviving spouse takes one-half of the net probate estate. If descendants exist, the surviving spouse receives one-third of the net probate estate. The surviving spouse must elect this share within nine months of the estate's opening or lose the right.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Kansas.