59-6a206. Decedent's nonprobate transfers to the surviving spouse. - Kansas Statutes

59-6a206

Chapter 59.--PROBATE CODE Article 6a.--ELECTIVE SHARE OF SURVIVING SPOUSE

      59-6a206.   Decedent's nonprobate transfers to the surviving spouse.Excluding property passing to the surviving spouse under thefederal social security system, the value of the augmented estate includesthe value of the decedent's nonprobate transfers to the decedent'ssurviving spouse, which consists of all property that passed outsideprobate at the decedent's death from the decedent to the surviving spouse byreason of the decedent's death, including:

      (a)   The decedent's fractionalinterest in property held as a joint tenant with the right of survivorship, tothe extent that the decedent's fractional interest passed to the survivingspouse as surviving joint tenant;

      (b)   the decedent's ownership interest inproperty or accounts held in coownership registration with the right ofsurvivorship, to the extent the decedent's ownership interest passed to thesurviving spouse as surviving coowner; and

      (c)   all other property that wouldhave been included in the augmented estate under subsections (a) or(b) of K.S.A. 59-6a205 had it passed to or for the benefit of a person otherthan thedecedent's spouse, surviving spouse, the decedent, or the decedent's creditors,estate, or estate creditors.

      History:   L. 1994, ch. 132, § 6; Jan. 1, 1995.