What is my elective share after five years of marriage?

Full question:

I heard that my elective share in my husband's estate would be based on the years of our marriage, is that true. I was married to my husband for 5 years so what will be my share?

• Category: Wills and Estates
• Subcategory: Elective Share of Estate
• Date: 04/07/2025
• State: Kansas

Answer:

Yes, in Kansas, your elective share as a surviving spouse is based on the duration of your marriage. Since you were married for five years, you are entitled to receive 15 percent of the augmented estate.

The percentage of the elective share increases with the length of marriage, as follows:

• Less than one year: Supplemental amount only
• One year but less than two years: Three percent of the augmented estate
• Two years but less than three years: Six percent of the augmented estate
• Three years but less than four years: Nine percent of the augmented estate
• Four years but less than five years: Twelve percent of the augmented estate
• Five years but less than six years: Fifteen percent of the augmented estate
• Six years but less than seven years: Eighteen percent of the augmented estate
• Seven years but less than eight years: Twenty-one percent of the augmented estate
• Eight years but less than nine years: Twenty-four percent of the augmented estate
• Nine years but less than ten years: Twenty-seven percent of the augmented estate
• Ten years but less than eleven years: Thirty percent of the augmented estate
• Eleven years but less than twelve years: Thirty-four percent of the augmented estate
• Twelve years but less than thirteen years: Thirty-eight percent of the augmented estate
• Thirteen years but less than fourteen years: Forty-two percent of the augmented estate
• Fourteen years but less than fifteen years: Forty-six percent of the augmented estate
• Fifteen years or more: Fifty percent of the augmented estate

This is outlined in K.S.A. § 59-6a202.