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 $75,000. 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; L. 2023, ch. 77, § 5; July 1. Law Review and Bar Journal References: "New Spousal Elective-Share Rights: Leveling the Playing Field," Timothy P. O'Sullivan and Joan M. Bowen, 65 J.K.B.A. No. 2, 18, 20 (1996). "Decedent's Estates: Complicating Kansas's Family Protection Law," JoAnn M. Stone, 38 W.L.J. 1005 (1999). CASE ANNOTATIONS 1. Cited; homestead allowance upheld even though surviving spouse already owned a home. In re Estate of Lane, 39 Kan. App. 2d 1062, 1070, 1071, 188 P.3d 23 (2008). 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