Disclaimer: This article is for educational purposes only and does not constitute legal advice.
What Is a Year’s Allowance in Kansas Probate?
Under Kansas law, a surviving spouse may elect to receive a year’s allowance from the decedent’s estate for support during the first year after death. This election stands in lieu of the homestead allowance and other family allowances. The statutory authority appears in K.S.A. 59-2817, which permits the court to grant personal property up to $10,000 in value.
Must You List Personal Property Assets?
Yes. When a surviving spouse files a written election under K.S.A. 59-2817, they must itemize the personal property they wish to claim. You do not need to inventory all of the estate’s assets yourself—only those items you select as part of the year’s allowance. Your election should include:
- Description of each item (e.g., furniture, appliances, jewelry)
- Estimated fair market value of each item
- Total value, not to exceed the statutory limit (currently $10,000)
(K.S.A. 59-2817)
Executor’s Inventory vs. Spouse’s Election
The personal representative (executor) has a separate duty to inventory all estate assets under K.S.A. 59-2232. That inventory covers everything in the estate and is filed with the probate court. Your spouse’s election list is only those assets you claim for the year’s allowance.
Key differences:
- Executor’s Inventory (K.S.A. 59-2232) – all assets, including real property, financial accounts, personal possessions.
- Spouse’s Election (K.S.A. 59-2817) – only the personal property you choose for the allowance, up to statutory maximum.
How to File Your Election
- Prepare a written election describing each item and its value.
- File the election with the probate court within 150 days after admission of the will (or after letters are issued if there is no will).
- Serve a copy on the personal representative.
- Attend any court hearing if the representative or other interested party contests your election.
Helpful Hints
- Gather fair market valuations (appraisals or online quotes) to support your listed values.
- Include household goods and personal effects first, as they often carry lower sentimental objection.
- Keep a copy of your election and proof of filing for your records.
- Consult a probate attorney to review your election form and timing requirements.
- Remember: you cannot exceed the statutory cap without court approval.