59-6a209. Sources from which elective share payable. - Kansas Statutes

59-6a209

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

      59-6a209.   Sources from which elective share payable.(a) In a proceeding for an elective share, the following areapplied first to satisfy the elective-share amount and to reduce or eliminateany contributions due from the decedent's probate estate and recipients of thedecedent's nonprobate transfers to others:

      (1)   Amounts included in the augmented estate under K.S.A. 59-6a204 whichpassor have passed to the surviving spouse by testate or intestate successionand amounts included in the augmented estate underK.S.A. 59-6a206;

      (2)   amounts included in the augmented estate which would have passed to thespouse but were disclaimed and which will pass to issue of the survivingspouse, as defined in K.S.A. 59-615, and amendments thereto, who are not theissue of the decedent;

      (3)   amounts included in the augmented estate underK.S.A. 59-6a207 up to the applicable percentage thereof. For the purposes ofthissubsection, the "applicable percentage" is twice the elective-share percentageset forth in the schedule in subsection (a) of K.S.A. 59-6a202 as appropriateto the length of time the spouse and the decedent were married to each other;and

      (5) [(4)]   the value of any real estate recovered pursuant to K.S.A.59-505, andamendments thereto.

      (b)   If, after the application of subsection (a), the elective-share amountis not fully satisfied or the surviving spouse is entitled to a supplementalelective-share amount, amounts included in the decedent's probate estate andin the decedent's nonprobate transfer to others other than amountsincluded under subsection (c)(1) or (3) of K.S.A. 59-6a205, areapplied first to satisfy the unsatisfied balance of the elective-share amountor the supplemental elective-share amount. The decedent's probate estate andthat portion of the decedent's nonprobate transfers to others are so appliedthat liabilityfor the unsatisfied balance of the elective-share amount or for thesupplemental elective-share amount is equitably apportioned among therecipients of the decedent's probate estate and that portion of the decedent'snonprobate transfers to others in proportion to the value of their interesttherein.

      (c)   If, after the application of subsections (a) and (b), the elective-shareor supplemental elective-share amount is not fully satisfied, the remainingportion of the decedent's nonprobate transfers to others is so applied thatliability forthe unsatisfied balance of the elective-share or supplemental elective-shareamount is equitably apportioned among the recipients of that portion of thedecedent's nonprobate transfers to others in proportion to the value of theirintereststherein.

      History:   L. 1994, ch. 132, § 9; Jan. 1, 1995.