reglab/housing_qa huggingface dataset:
KS Stat § 59-621 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6 - Wills|59-621 Duty of custodian; liability.

59-621. Duty of custodian; liability. After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court. Such person shall be further liable to any party aggrieved for the damages which may be sustained by such neglect or refusal.History: L. 1939, ch. 180, § 57; July 1.
KS Stat § 59-622 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6 - Wills|59-622 Validation of foreign wills filed prior to July 1, 1939.

59-622. Validation of foreign wills filed prior to July 1, 1939. Any foreign will filed of record in any county of this state prior to July 1, 1939, is hereby declared to satisfy the legal requirements for filing of a foreign will, even if such filing did not, in the first instance, meet specific statutory requirements for the filing of such a will.History: L. 1970, ch. 227, § 1; July 1.
KS Stat § 59-623 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6 - Wills|59-623 Reference in will to statement to dispose of certain tangible personal property; admissibility.

59-623. Reference in will to statement to dispose of certain tangible personal property; admissibility. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of debt, documents of title, securities, and properties used in trade or business. To be admissible under this section as evidence of intended disposition, the writing either must be in the handwriting of the testator or be signed by the testator, and must describe the items with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; and it may be altered by the testator after its preparation.History: L. 1975, ch. 299, § 28; Jan. 1, 1976.
KS Stat § 59-6a,203 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,203 Composition of the augmented estate.

59-6a203. Composition of the augmented estate. Subject to K.S.A. 59-6a208, the value of the augmented estate, to the extent provided in K.S.A. 59-6a204 through 59-6a207, consists of the sum of the values of all property that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others.History: L. 1994, ch. 132, § 3; Jan. 1, 1995.
KS Stat § 59-6a,204 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,204 Decedent's net probate estate.

59-6a204. Decedent's net probate estate. The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead or homestead allowance, family allowances and enforceable demands.History: L. 1994, ch. 132, § 4; L. 1996, ch. 53, § 3; July 1.
KS Stat § 59-6a,206 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,206 Decedent's nonprobate transfers to the surviving spouse.

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, § 6; Jan. 1, 1995.
KS Stat § 59-6a,207 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,207 Surviving spouse's property and nonprobate transfers to others.

59-6a207. Surviving spouse's property and nonprobate transfers to others. (a) Except to the extent included in the augmented estate under K.S.A. 59-6a204 or K.S.A. 59-6a206, and amendments thereto, the value of the augmented estate includes the value of:(1) Property that was owned by the decedent's surviving spouse at the decedent's death, including:(A) The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;(B) the surviving spouse's ownership interest in property or accounts held in coownership registration with the right of survivorship; and(C) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead or homestead allowance, family allowance, or payments under the federal social security system; and(2) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests include[d]under subparagraphs (a)(1)(A) and (B), had the spouse been the decedent.(b) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subparagraphs (a)(1)(A) and (B), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or coowner of the property or accounts. For purposes of subparagraph (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under subsection (a)(4) of K.S.A. 59-6a205, and amendments thereto, are not valued as if such spouse were deceased.(c) The value of property included under this section is reduced by enforceable demands against the surviving spouse.History: L. 1994, ch. 132, § 7; L. 1996, ch. 53, § 5; July 1.
KS Stat § 59-6a,208 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,208 Exclusions, valuation and overlapping application.

59-6a208. Exclusions, valuation and overlapping application. (a) The value of any property is excluded from the decedent's nonprobate transfers to others (1) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property or (2) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.(b) The value of property:(1) Included in the augmented estate under K.S.A. 59-6a205, 59-6a206 or 59-6a207 is reduced in each category by enforceable demands against the included property; and(2) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system.(c) In case of overlapping application to the same property of the subparagraphs or sub-subparagraphs of K.S.A. 59-6a205, 59-6a206 or 59-6a207, the property is included in the augmented estate under the provision yielding the greatest value, but under only one overlapping provision if they all yield the same value.History: L. 1994, ch. 132, § 8; Jan. 1, 1995.
KS Stat § 59-6a,209 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,209 Sources from which elective share payable.

59-6a209. Sources from which elective share payable. (a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:(1) Amounts included in the augmented estate under K.S.A. 59-6a204 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under K.S.A. 59-6a206;(2) amounts included in the augmented estate which would have passed to the spouse but were disclaimed and which will pass to issue of the surviving spouse, as defined in K.S.A. 59-615, and amendments thereto, who are not the issue of the decedent;(3) amounts included in the augmented estate under K.S.A. 59-6a207 up to the applicable percentage thereof. For the purposes of this subsection, the "applicable percentage" is twice the elective-share percentage set forth in the schedule in subsection (a) of K.S.A. 59-6a202 as appropriate to 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, and amendments thereto.(b) If, after the application of subsection (a), the elective-share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfer to others other than amounts included under subsection (c)(1) or (3) of K.S.A. 59-6a205, are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and that portion of the decedent's nonprobate transfers to others in proportion to the value of their interest therein.(c) If, after the application of subsections (a) and (b), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.History: L. 1994, ch. 132, § 9; Jan. 1, 1995.
KS Stat § 59-6a,210 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,210 Personal liability of recipients.

59-6a210. Personal liability of recipients. (a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others to the extent the donees have the property or the property's proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfer to such person or to pay the value of the amount for which such person is liable.(b) If any section or part of any section of this act is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in K.S.A. 59-6a203, to the person who would have been entitled to it were that section or part of that section not preempted.History: L. 1994, ch. 132, § 10; Jan. 1, 1995.
KS Stat § 59-6a,212 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,212 Right of election.

59-6a212. Right of election. (a) The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse by the court pursuant to K.S.A. 59-2234, and amendments thereto.(b) The right of election to the supplemental elective-share amount, homestead or statutory allowance may be exercised by the surviving spouse, conservator, agent under a power of attorney, guardian ad litem appointed for the surviving spouse or by the court on behalf of a disabled spouse pursuant to K.S.A. 59-2234, and amendments thereto.History: L. 1994, ch. 132, § 12; Jan. 1, 1995.
KS Stat § 59-6a,213 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,213 Waiver of right of election and other rights by surviving spouse; requirements; procedures.

59-6a213. Waiver of right of election and other rights by surviving spouse; requirements; procedures. (a) The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, the homestead allowance or the family allowance, or all of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, consent to any instrument, or waiver signed by the surviving spouse.(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:(1) The surviving spouse did not execute the waiver voluntarily; or(2) the waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse:(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;(B) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and(C) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.(d) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share benefits that would otherwise pass to such spouse from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. For documents executed on and after July 1, 2002, to waive the homestead, the homestead allowance or the family allowance, or all of them, the language of the document must clearly provide that the homestead, the homestead allowance or the family allowance, or all of them, were understandably and knowledgeably waived by each spouse, if applicable.History: L. 1994, ch. 132, § 13; L. 2002, ch. 135, § 3; July 1.
KS Stat § 59-6a,214 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,214 Protection of payors and other third parties.

59-6a214. Protection of payors and other third parties. (a) Although under K.S.A. 59-6a205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.(b) The written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under subsection (d) of K.S.A. 59-6a211, shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under subsection (a) of K.S.A. 59-6a211 or, if filed, the demand for an elective share is withdrawn under subsection (c) of K.S.A. 59-6a211, the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made to the court discharge the payor or other third party from all claims for value of amounts so paid or the value of property so transferred or deposited.(c) Upon petition to the district court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with chapter 59 of the Kansas Statutes Annotated, and amendments thereto.History: L. 1994, ch. 132, § 14; Jan. 1, 1995.
KS Stat § 59-6a,215 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,215 Homestead or homestead allowance.

59-6a215. Homestead or homestead allowance. A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $50,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate. The homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share.History: L. 1994, ch. 132, § 15; L. 1996, ch. 53, § 6; L. 2000, ch. 25, § 2; L. 2008, ch. 14, § 2; July 1.
KS Stat § 59-6a,216 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,216 Effectiveness of act.

59-6a216. Effectiveness of act. Any act done in any proceeding or any irrevocably accrued right acquired, before the effective date of this act is not impaired by this act. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right.History: L. 1994, ch. 132, § 16; Jan. 1, 1995.
KS Stat § 59-6a,217 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 6a - Elective Share Of Surviving Spouse|59-6a,217 Severability.

59-6a217. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.History: L. 1994, ch. 132, § 17; Jan. 1, 1995.
KS Stat § 59-701 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 7 - Letters Testamentary And Of Administration|59-701 Letters testamentary.

59-701. Letters testamentary. Letters testamentary shall be granted to the executor, if any is named in the will, if he or she is legally competent and shall accept the trust; otherwise letters of administration shall be granted with the will annexed.History: L. 1939, ch. 180, § 58; July 1.
KS Stat § 59-702 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 7 - Letters Testamentary And Of Administration|59-702 Minor as executor.

59-702. Minor as executor. When a person appointed executor is a minor and without the rights of majority at the time of proving the will, administration may be granted with the will annexed during his or her minority or disability, unless there is another executor who will accept the trust, in which case the estate shall be administered by such other executor until the minor shall arrive at full age or shall possess the rights of majority, when he or she may be admitted as joint executor with the former.History: L. 1939, ch. 180, § 59; July 1.
KS Stat § 59-703 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 7 - Letters Testamentary And Of Administration|59-703 Executor of an executor.

59-703. Executor of an executor. The executor of an executor shall have no authority as such to administer the estate of the first testator.History: L. 1939, ch. 180, § 60; July 1.
KS Stat § 59-704 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 7 - Letters Testamentary And Of Administration|59-704 Powers of executor before letters granted.

59-704. Powers of executor before letters granted. No executor named in a will shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay reasonable funeral expenses, nor to interfere in any manner with such estate, further than is necessary for its conservation.History: L. 1939, ch. 180, § 61; July 1.
KS Stat § 59-705 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 7 - Letters Testamentary And Of Administration|59-705 To whom administration granted.

59-705. To whom administration granted. Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order:(1) The surviving spouse or next of kin, or both, as the court may determine, or some person or persons selected by them or any of them.(2) If all such persons are incompetent or unsuitable, or do not accept, administration may be granted to one or more of the creditors, or to a nominee or nominees thereof.(3) Whenever the court determines that it is for the best interests of the estate and all persons interested therein, administration may be granted to any other person, whether interested in the estate or not.History: L. 1939, ch. 180, § 62; July 1.