KS risk area
Complexity triggers in Kansas
Scenarios that increase estate risk, such as blended families or multi-state property.
Kansas uses an elective share based on the augmented estate and provides a statutory allowance for spouses and minor children.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect an augmented-estate share that increases with the length of the marriage.
- The spouse and minor children can receive exempt property plus a court-ordered allowance (up to $75,000) that is not liable for most debts.
Questions to consider
Questions this risk area helps you evaluate in Kansas
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Kansas uses an elective share based on the augmented estate and provides a statutory allowance for spouses and minor children.
- A surviving spouse may elect an augmented-estate share that increases with the length of the marriage.
- The spouse and minor children can receive exempt property plus a court-ordered allowance (up to $75,000) that is not liable for most debts.
Sources
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_006a_0202.html
- https://www.ksrevisor.gov/statutes/chapters/ch59/059_004_0003.html
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Kansas.