Election in case of incapacity

59-2234. Election in case of incapacity. If the surviving spouse shall be an incapacitated person, it shall be the duty of the court to appoint some suitable person as commissioner, who shall ascertain the value of the provision made by will in lieu of the rights in the estate secured by statute and the value of the rights secured by statute. The commissioner shall make his or her verified written report to the court. Notice of the time and place of the hearing of the petition for the appointment of a commissioner and of the hearing on the commissioner's report shall be given to the surviving spouse and his or her conservator, if any, and all other persons interested in such manner and for such length of time as the court shall direct. After the hearing on the report the court shall make such election for such spouse under disability as is more valuable or advantageous to the spouse, which election shall be deemed as effectual as if made by the spouse when fully competent. History: L. 1939, ch. 180, § 210; L. 1965, ch. 346, § 33; January 1, 1966. Source or prior law: 22-248. Law Review and Bar Journal References: 1953-55 survey of law of administration of estates, Richard C. Harris, 4 K.L.R. 151, 157 (1955). "Validity of Consent to a Spouse's Will," Tom L. Schwinn, 45 J.B.A.K. 33, 35 (1976). CASE ANNOTATIONS 1. Construed; probate court's election for deceased incompetent surviving spouse's estate held valid. In re Estate of Henderson, 176 Kan. 168, 169, 170, 171, 173, 174, 268 P.2d 941. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026