59-6a206. Decedent's nonprobate transfers to the surviving spouse. Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consists of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(a) The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(b) the decedent's ownership interest in property or accounts held in coownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving coowner; and
(c) all other property that would have 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 other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
History: L. 1994, ch. 132, ยง 6; Jan. 1, 1995.
Structure Kansas Statutes
Article 6a - Elective Share Of Surviving Spouse
59-6a,203 Composition of the augmented estate.
59-6a,204 Decedent's net probate estate.
59-6a,205 Decedent's nonprobate transfers to others.
59-6a,206 Decedent's nonprobate transfers to the surviving spouse.
59-6a,207 Surviving spouse's property and nonprobate transfers to others.
59-6a,208 Exclusions, valuation and overlapping application.
59-6a,209 Sources from which elective share payable.
59-6a,210 Personal liability of recipients.
59-6a,211 Proceeding for elective share; time limit.
59-6a,214 Protection of payors and other third parties.
59-6a,215 Homestead or homestead allowance.