Everything you need to know about Kansas Form 1704, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.
There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.
Computation Of Elective Share Of Surviving Spouse is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Computation Of Elective Share Of Surviving Spouse:
This form pertains to the State of Kansas
The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-6a211, K.S.A. 59-2208
Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kansas’s Form 1704 - Computation Of Elective Share Of Surviving Spouse up to date, certain details can change from time-to-time with little or no communication.
Double check that you have both the correct form name and the correct form ID. Some Kansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.
Fill out all relevant fields in Form 1704, take a break, and then review. Probate and estate settlement processes in KS are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!
Note: If you don’t currently know all of the answers and are accessing Form 1704 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).
Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.
This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.
It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.
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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.
While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.
Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kansas.
The sooner you begin, the faster Kansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?
In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.
Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.
It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.
If a house in the State of Kansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.
If you’re not using Atticus to get specific forms, deadlines, and timelines for Kansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kansas probate clerk or court for exact answers regarding Form 1704, and when in doubt— consult a qualified trust & estates lawyer for that area.
Computation Of Elective Share Of Surviving Spouse is one of the many probate court forms available for download through Atticus.
It may also be available through some Kansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kansas.
While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 1704 - Computation Of Elective Share Of Surviving Spouse f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.
Computation Of Elective Share Of Surviving Spouse is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.
Form 1704 - Computation Of Elective Share Of Surviving Spouse is a probate form in Kansas.
Kansas has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Kansas.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in Kansas, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a KS executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on Kansas Form 1704 - Computation Of Elective Share Of Surviving Spouse. You can use this to get an idea of the context of the form and what type of information is needed.
2010 1700-9 Kansas Probate Forms 3d 1704 (CAPTION) EXHIBIT A COMPUTATION OF ELECTIVE SHARE OF SURVIVING SPOUSE A. HOMESTEAD AND STATUTORY ALLOWANCES (K.S.A. 59-400's). 59-401 and 1. Possessory homestead or $50,000: 59-6a215 Description Valuation a. None - Residence in joint tenancy ..........................................1 N/A b. Homestead allowance .............................................................2 0.00 Subtotal (Lines 1 and 2) .........................................................3 0.00 59-403 2. Family allowances (furnishings) and discretionary amount up to $50,000: Description Valuation a. Furniture, household goods and wearing apparel used in the home of the decedent ...............................4 1,500.00 b. One 2000 Model Chevrolet 4-dr. sedan VIN # 1234567890 .................................................................5 1,750.00 c. Discretionary allowance of $34,500 in money and 25 Shares Common Stock, Kansas Power & Light Co. @ $20.00 per share .................................6 35,000.00 Subtotal (Lines 4 thru 6) .........................................................7 38,250.00 B. THE AUGMENTED ESTATE. 59-6a204 1. Decedent's Net Probate Estate: Description Valuation a. Total Probate Estate ................................................................8 383,627.00 b. Homestead ..............................................................................9 ( 0.00) c. Allowances ...........................................................................10 ( 38,250.00) d. Funeral Expenses ..................................................................11 ( 3,000.00) e. Administration Expenses ......................................................12 ( 10,000.00) f. Enforceable Demands ...........................................................13 ( 26,500.00) g. Sum of lines (b) thru (f) ........................................................14 ( 77,750.00) h. Line (a) less line (g) ..............................................................15 305,877.00 Net Probate Estate (All willed to children of first marriage equally. No specific bequests. All in residuary estate) .................................16 305,877.00 2010 1700-10 Kansas Probate Forms 3d 9-6a205 2. Decedent's (Donative) Nonprobate Transfers to Persons Other than the Spouse: 59-6a205(a) a. Property owned or owned in substance by decedent immediately before death, including: 59-6a205(a)(1) (1) Property over which the decedent alone held a presently exercisable general power of appointment. Description Valuation Corpus of trust established 6/6/80 subject to inter vivos appointments by decedent above for the benefit of Theodore R. Doe ...................17 50,000.00 59-6a205(a)(2) (2) Decedent's fractional interest in property held in joint tenancy with the right of survivorship. Description Valuation The Northeast quarter of Section 22, Township 22, Range 30 West of the 6th P.M. containing 160 acres more or less. Apache County, KS, owned by John Doe and Robert E. Doe (testator's son) as joint tenants. $80,000 Less one-half joint tenancy interest ($40,000) ..................................18 40,000.00 59-6a205(a)(3) (3) The decedent's ownership interests in property or accounts passing to another upon decedent's death. Description Valuation (A) Balance in decedent's checking account #x6789 in Hometown State Bank, Hometown, KS, POD to David J. Doe (decedent's grandson)...........................................19 8,000.00 (B) Balance in decedent's TOD account # x1111 at Hometown Investors, Hometown, KS, to Paul J. Doe (decedent's grandson)...........................................20 9,500.00 59-6a205(a)(4) (4) Proceeds of insurance, including accidental death benefits, on the life of the decedent if the decedent owned the policy or if and to the extent that the decedent alone held a presently exercisable general power of appoint- ment over the policy or its proceeds. Description Valuation Life insurance policy #xxxx issued by Real Life Ins. Co., Topeka, KS, in the amount of $10,000 payable to Thomas E. Doe (decedent's son) ...............................................21 10,000.00 1700-11 Kansas Probate Forms 3d 59-6a205(b) b. Property transferred in any of the following forms by the decedent during the marriage: 59-6a205(b)(1) (1) Any irrevocable transfer where the decedent retained the right to the possession or enjoyment of or the right to the income from the property: Description Valuation (A) Irrevocable escrow delivery of deed to the East half of the Northwest quarter of the Northwest quarter of Section 10, Range 22 South, Range 30 West of the 6th P.M. containing 20 acres more or less to Philip P. Doe .........................................22 5,000.00 59-6a205(b)(2) (2) Any transfer where the decedent retained a power over the income or the property, exercisable by the decedent, or by the decedent and any other person, or by any nonadverse person, for the benefit of the decedent, the decedent's estate, creditors, or creditors of the decedent's estate: Description Valuation (A) Revocable trust created 7/1/95 for the benefit of Susan X. Green, revocable by decedent and sister .........................23 20,000.00 59-6a205(c) c. Property that passed during the marriage and during the two years preceding the decedent's death as a result of a transfer by the decedent of any of the following types: 59-6a205(c)(1) (1) Any property that passed as a result of a termination of a right or a power, which would have been included under: (A) property owned by the decedent: [For the purposes of powers or rights which would have been included under this subparagraph, termination occurs on an exercise or release, but not otherwise (such as by an expiration under the instrument).] 2017 2010 1700-12 Kansas Probate Forms 3d Description Valuation Release on February 1, 2000, of general power of appointment in trust created May 1, 1980, by parents for the benefit of Ethyl Doe Wilson ............................................24 60,000.00 (B) the decedent's fractional ownership in joint tenancy: Description Valuation Gift on November 28, 2000, of decedent's one-half interest in 1,000 Shares Common Stock of ABC held by decedent and decedent's brother, as joint tenants, to Robert E. Doe ......................................................25 35,000.00 (C) the decedent's ownership interest in property passing at death: Description Valuation Transfer on May 1, 2000, of decedent's interest in self and survivor annuity purchased by decedent for decedent and son to Theodore R. Doe ................................26 2,500.00 59-6a205(c)(2) (2) Any transfer of or relating to an insurance policy on the life of the decedent, which would have been included under B.2.a.(4): Description Valuation Assignment of life insurance policy #xxxx, issued by Real Life Insurance Co., Topeka, KS, in the amount of $10,000 payable to granddaughter Sally W. Smith ....................................27 10,000.00 59-6a205(c)(3) (3) Any transfer of property not otherwise included in the augmented estate to the extent it exceeded $10,000 to any one donee in either of the two years prior to the decedent's death: Description Valuation Amount exceeding $10,000 of $15,000 cash gift to granddaughter Joan Q. Brown ..................28 5,000.00 59-6a205 Net Nonprobate Transfers to Persons Other Than Surviving Spouse (Lines 17 thru 28) 29 ............255,000.00 2010 1700-13 Kansas Probate Forms 3d 59-6a206 3. The Decedent's (Donative) Nonprobate Transfers to the Surviving Spouse: The Augmented Estate also includes the decedent's (Donative) nonprobate transfers to the surviving spouse (excluding any benefits under the federal social security system), consisting of all property that passed outside of probate from the decedent to the surviving spouse because of the decedent's death, including: 59-6a206(a) a. The decedent's fractional ownership in joint tenancy with the right of survivorship: Description Valuation (1) The residence of the decedent located on the Southwest quarter of Section 26, Town- ship 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less, Apache County, KS, owned by John Doe and Mary Doe as Joint Tenants. Valuation of $86,000 less one-half joint tenancy interest with spouse ............................................30 43,000.00 (2) ($25,000) Certificate of deposit #xxxx issued 8/1/00 owned by John Doe and Mary Doe as joint tenants plus accrued interest as of date of death ($176) less one-half joint tenancy interest .............31 12,588.00 59-6a206(b) b. The decedent's ownership in property held in co-ownership with the right of survivorship (as with joint tenancies where the decedent owned the entire equitable ownership): Description Valuation One 1966 Ford Mustang Convertible VIN # FMC0976543. Decedent's and spouse's names on title held in registration with right of survivorship, decedent furnished full consid- eration when acquired and no present gift intended ...............32 8,000.00 59-6a206(c) c. All other property which would have been included in the decedent's augmented estate had it passed to someone other than the surviving spouse: (1) Including property owned or owned in substance by the decedent immediately before death, including: (A) K.S.A. 59-6a205(a)(1) property over which the decedent alone held a presently exercisable general power of appointment: 2010 1700-14 Kansas Probate Forms 3d Description Valuation Trust in which taker in default was spouse and decedent held unexer- cised presently exercisable general power of appointment ...............................................33 75,000.00 (B) K.S.A. 59-6a205(a)(2) fractional interests passing to spouse: Description Valuation (N O N E) ..........................................34 0.00 (C) K.S.A. 59-6a205(a)(3) POD and TOD accounts: Description Valuation 100% of savings account #xxxx in Hometown State Bank, Hometown, KS, held in POD form payable to spouse ...................................................................35 10,000.00 (D) K.S.A. 59-6a205(a)(4) insurance payable to the spouse: Description Valuation Life insurance policy #xxxx issued by Real Life Insurance Co., Topeka, KS payable to spouse ................................................36 10,000.00 (2) K.S.A. 59-6a205(b)(1) transfers during the marriage where the decedent retained the income or the enjoyment, and the spouse was to take the income on the decedent's death: Description Valuation Commuted value of revocable trust created 10/1/00 by decedent in which he retained income for life, with income to spouse for life, with remainder to issue, per stirpes ..........................37 27,552.00 (3) K.S.A. 59-6a205(b)(2) transfers by the decedent during the marriage subject to powers held by a nonadverse party which could be used to benefit the decedent, which passed to the spouse on decedent's death: Description Valuation Trust created 8/1/95, revocable by decedent and sister ...38 30,000.00 2010 1700-15 Kansas Probate Forms 3d 59-6a206 Net Nonprobate Transfers to Surviving Spouse (Lines 30 thru 37) ..................................................................................39 216,140.00 59-6a207 4. The Surviving Spouse's Property and Nonprobate Transfers to Others: 59-6a207(a) a. Except to the extent included in the augmented estate under 59-6a204 (Net Probate Estate) or 59-6a206 (Nonprobate Transfers to the Surviving Spouse), the spouse's property includes: 59-6a207(a)(1) (1) Property owned by the spouse includes outright ownership by the spouse (59-6a204), plus owner- ship in substance, such as property subject to a spouse's presently exercisable general power of appointment including: Spouse's property owned outright: Description Valuation Diamond engagement ring, other jewelry and wearing apparel .........................................................40 15,000.00 Certificate of deposit #xxxx in Hometown State Bank, Hometown, KS including accrued interest ..............................................................................41 94,912.00 59-6a207(a)(1)(A) (A) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship: Description Valuation (i) The residence of the decedent located on the Southwest quarter of Section 26, Township 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less, Apache County, KS owned by John Doe and Mary Doe as joint tenants. Valuation of $86,000 one-half joint tenancy interest ...........................42 43,000.00 (ii) Certificate of deposit #xxxx issued 8/1/00 owned by John Doe and Mary Doe as joint tenants ($25,000) plus accrued interest as of date of death ($176), one-half joint tenancy interest ...............................................................43 12,588.00 59-6a207(a)(1)(B) (B) the surviving spouse's ownership interest in property held in co- ownership with right of survivorship: 2010 1700-16 Kansas Probate Forms 3d Description Valuation 100% of certificate of deposit #xxxx ($15,000) in Hometown State Bank, Hometown, KS, survivorship only with granddaughter ...........................................................44 15,000.00 59-6a207(a)(1)(C) (C) property that passed to the surviving spouse by reason of the decedent's death, but excluding homestead, family allowances and federal social security [This includes property not owned by the decedent that passes to the spouse by reason of the decedent's death, such as employer owned benefits, or a successor interest in a trust created by the decedent's parents.]: Description Valuation Employer supplied death benefit for spouses of employees ...............................................45 32,000.00 59-6a207(a)(2) (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 included under 59-6a207(a)(1)(A) and (B), had the spouse been the decedent, examples are: (A) irrevocable transfers during the marriage by the surviving spouse with a power of appointment held by a nonadverse party: Description Valuation (N O N E) ...............................................46 0.00 (B) release of rights in or powers over property during the marriage by the surviving spouse and within two years of death: Description Valuation (N O N E) ...............................................47 0.00 (C) transfers of insurance on the life of the survivor during the marriage by the surviving spouse and within two years of death: Description Valuation (N O N E) ...............................................48 0.00 2010 1700-17 Kansas Probate Forms 3d (D) transfers during the marriage by the surviving spouse to the extent they exceed $10,000 per donee per year within two years prior to death: Description Valuation Amount exceeding $10,000 per year of $25,000 cash gift per year, for two years, to granddaughter Joan Q. Brown ..............................49 30,000.00 59-6a207 Total Surviving Spouse's Property (Lines 40 thru 49) ............................................................................50 242,500.00 C. THE ELECTIVE SHARE AMOUNT Net Probate Estate (from Line 16) ..........................................................51 305,877.00 Net Nonprobate Transfers to Persons Other Than Surviving Spouse (from Line 29) .............................................................52 255,000.00 Net Property Transferred to Surviving Spouse (from Line 39) ................................................................................53 216,140.00 Surviving Spouse's Property (from Line 50) ........................................54 242,500.00 Augmented Estate (total of Lines 51 thru 54) .........................................55 1,019,517.00 Length of Marriage in years .................................................................56 14 Elective Share Percentage Pursuant to K.S.A. 59-6a202 .................................................................................57 46% TOTAL ELECTIVE SHARE AMOUNT ..........................................58 468,978.00 D. SOURCES FROM WHICH ELECTIVE SHARE AMOUNT PAYABLE (59-6a209). 59-6a209(a) 1. [The first property to satisfy the elective share is property the decedent left the surviving spouse through probate and nonprobate transfers, and the property of the surviving spouse.] The following are applied first to satisfy the elective share amount: 59-6a209(a)(1) a. Amounts included in the augmented estate under 59-6a204 (the decedent's net probate estate) which pass to the surviving spouse by testate or intestate succession: 2010 1700-18 Kansas Probate Forms 3d Description Valuation (N O N E) (All probate property passed to children)...........................59 0.00 59-6a209(a)(1) Amounts included in the augmented estate under 59-6a206 (nonprobate transfers to the surviving spouse): Description Valuation The residence of the decedent located on the Southwest quarter of Section 26, Township 20 South, Range 30 West of the 6th P.M., containing 160 acres more or less, Apache County, KS, owned by John Doe and Mary Doe as Joint Tenants. Valuation of $86,000 less one-half joint tenancy interest with spouse. .....................................................60 43,000.00 ($25,000) Certificate of deposit #xxxx issued 8/1/00 owned by John Doe and Mary Doe as joint tenants plus accrued interest as of date of death ($176) less one-half joint tenancy interest. ......................................................................................61 12,588.00 One 1966 Ford Mustang Convertible VIN # FMC0976543. Decedent's and spouse's names on title held in registration with right of survivorship, decedent furnished full consideration when acquired and no present gift intended. ..............................................................................62 8,000.00 Trust in which taker in default was spouse and decedent held unexercised presently exercisable general power of appointment. ...............................63 75,000.00 100% of savings account #xxxx in Hometown State Bank, Hometown, KS held in POD form payable to spouse. ........................................64 10,000.00 Life insurance policy #xxxx issued by Real Life Insurance Co., Topeka, KS payable to spouse.......................................................................65 10,000.00 Commuted value of revocable trust created 10/1/00 by decedent in which he retained income for life, with income to spouse for life, with remainder to issue, per stirpes. ..........................................66 27,552.00 Trust created 8/1/95, revocable by decedent and sister. ............67 30,000.00 Nonprobate Transfers to Surviving Spouse (Lines 59 thru 67) ................................................................................68 216,140.00 2010 1700-19 Kansas Probate Forms 3d 59-6a209(a)(2) b. Amounts included in the augmented estate which would have passed to the surviving spouse but were disclaimed and will pass to issue of the spouse who are not also issue of the decedent: Description Valuation (N O N E) (Spouse did not disclaim any property.) .............................69 0.00 59-6a209(a)(3) c. Amounts included in the augmented estate under 59-6a207 (surviving spouse's contribution to augmented estate) up to the applicable percentage thereof. The applicable percentage is twice the elective share percentage in 59-6a202(a). [After fifteen years of marriage, the applicable percentage is 100% of the elective share percentage, so that all of the spouse's property will be used toward satisfying the elective share. Before that, only part of the spouse's separate property is dedicated satisfying the elective share amount.]: .....................70 92% 59-6a209(a)(4) d. The value of any real estate recovered under 59-505: Description Valuation (N O N E) 71 0.00 Total Surviving Spouse's Property (Line 50) ......................................72 242,500.00 Spouse's Property Applied to Satisfy Elective Share Amount (.92 x $242,500.00) ........................................73 223,100.00 Nonprobate Transfers to Spouse ($216,140), Total Probate Property to Spouse ($0.00), and Spouse's Property Applied to Satisfy Elective Share ($223,100.00) (Sum of Lines 68, 71 and 73) .......................................................................74 439,240.00 Elective Share Amount (Line 58) ...........................................................75 468,978.00 Subtract total 59-6a209(a) Property (Line 74) ...................................76 ( 439,240.00) Balance of Elective Share Owed to Spouse (Line 75 less Line 76) ...................................................................................77 29,738.00 59-6a209(b) 2. [The next property to satisfy the elective share amount is property the decedent left to others by probate or nonprobate transfers, where possession and enjoyment were delayed until the decedent's death.] 2010 1700-20 Kansas Probate Forms 3d If the elective share amount is not satisfied (or if the spouse is entitled to additional supple- mental share amount), amounts in the decedent's net probate estate and nonprobate transfers to others are applied on a pro rata basis to satisfy the elective share amount. (Note that amounts under 59-6a205(c)(1) transfers during the marriage and during the two years prior to death by releases or lapses of interests in or powers over property, and 59-6a205(c)(3) gifts during marriage and during either of the two years prior to death, to the extent they exceed $10,000 per donee per year, are excluded here, but will be pulled in, if necessary, by the next paragraph.) Net Probate Estate Passing to Others.(Line 16) ........................78 305,877.00 K.S.A. 59-209(b) Property: Corpus of trust established 6/6/80 subject to inter vivos appointments by decedent. (Line 17) ...............................................................79 50,000.00 The Northeast quarter of Section 22, Township 22, Range 30 West of the 6th P.M. containing 160 acres more or less. Apache County, KS, owned by John Doe and Robert E. Doe (testator's son) as joint tenants. $80,000 Less one-half joint tenancy interest ($40,000). (Line 18)......................................................80 40,000.00 Balance in decedent's checking account #x6789 in Hometown State Bank, Hometown, KS, POD to David J. Doe (decedent's grandson). (Line 19) .....................81 8,000.00 Balance in decedent's TOD account #x1111 at Hometown Investors, Hometown, KS, to Paul J. Doe (decedent's grandson). (Line 20) ............................82 9,500.00 Life insurance policy # xxxx issued by Real Life Ins. Co., Topeka, KS, in the amount of $10,000 payable to Thomas E. Doe (decedent's son). (Line 21) .............83 10,000.00 Irrevocable escrow delivery of deed to the East half of the Northwest quarter of the Northwest quarter of Section 10, Range 22 South, Range 30 West of the 6th P.M. containing 20 acres more or less to Philip P. Doe. (Line 22) .............................................84 5,000.00 Revocable trust created 7/1/95, for the benefit of Susan X. Green revocable by decedent and sister. (Line 23) ..........................................................................85 20,000.00 2010 1700-21 Kansas Probate Forms 3d Assignment of life insurance policy #xxxx, issued by Real Life Insurance Co., Topeka, KS, in the amount of $10,000 payable to granddaughter Sally W. Smith. (Line 27) ........................................................................86 10,000.00 Total Value of 59-209(b) Property (Sum of Lines 79 thru 86) ............................................................................87 152,500.00 Total Property Available to Fund Balance Owed Spouse (Line 78 plus Line 87) ....................................................................88 458,377.00 Equitable Apportioned Ratio Expressed in Percent (Line 77 divided by Line 88) ........................................................................89 6.4877% Amount Due from Probate Estate (Line 78 multiplied by .064877) ...................................................................90 19,844.00 Balance Due from Persons to Whom K.S.A. 59-209(b) Property Transferred (Line 77 minus Line 90) ...............................................................................91 9,894.00 Listing of (K.S.A. 59-209(b) Property: Description of Property Recipient Value Percentage Balance Due Transferred Contribution Spouse Corpus of trust established 6/6/80 subject to inter vivos appoint- ments by decedent alone (Line 17) Theodore R. Doe 50,000.00 6.4877 3,244.00 The Northeast quarter of Section 22, Township 22, Range 30 West of the 6th P.M. containing 160 acres more or less. Apache County, KS, owned by John Doe and Robert E. Doe (testator's son) as joint tenants. $80,000 Less one-half joint tenancy interest ($40,000) (Line 18) Robert E. Doe 40,000.00 6.4877 2,595.00 Balance in decedent's checking account #x6789 in Hometown State Bank, Hometown, KS, POD to David J. Doe (decedent's grandson) (Line 19) David J. Doe 8,000.00 6.4877 519.00 Balance in decedent's TOD account #x1111 at Hometown Investors, Hometown, KS, to Paul J. Doe (decedent's grandson) (Line 20) Paul J. Doe 9,500.00 6.4877 616.00 2010 1700-22 Kansas Probate Forms 3d Description of Property Recipient Value Percentage Balance Due Transferred Contribution Spouse Life insurance policy #xxxx issued by Real Life Ins. Co., Topeka, KS in the amount of $10,000 payable to Thomas E. Doe (decedent's son) (Line 21) Thomas E. Doe 10,000.00 6.4877 649.00 Escrow delivery of deed to the East half of the Northwest quarter of the Northwest quarter of Section 10, Range 22 South, Range 30 West of the 6th P.M. containing 20 acres more or less to Philip P. Doe. (Line 22) Philip P. Doe 5,000.00 6.4877 324.00 Revocable trust created 7/1/95, for the benefit of Susan X. Green revocable by decedent and sister (Line 23) Susan X. Green 20,000.00 6.4877 1298.00 Assignment of life insurance policy #xxxx, issued by Real Life Insurance Co., Topeka, KS, in the amount of $10,000 payable to granddaughter Sally W. Smith (Line 27) Sally W. Smith 10,000.00 6.4877 649.00 Subtotal of Balance Due Spouse From Persons to Whom K.S.A. 59-209(b) Property Transferred ................................92 9,894.00 Remaining Balance Of Elective Share (Line 91 minus Line 92) ...............................................................................93 (0.00) [In this example, the elective share has been satisfied; calculations below are included for illustrative purposes.] 59-6a209(c) 3 If the share has still not been satisfied, the rest of the decedent's augmented estate will share the remaining liability on a pro rata basis. [The rest of the decedent's augmented estate will consist of irrevocable transfers of title and enjoyment prior to the date of death.] Property From Which Satisfied: Release on Feb. 1, 2000, of general power of appointment in trust created May, 1 1980, by parents for the benefit of Ethyl Doe Wilson. (Line 24) ...............................................................94 60,000.00 2010 1700-23 Kansas Probate Forms 3d Gift on November 28, 2000, of decedent's one-half interest in 1,000 Shares Common Stock of ABC held by decedent and decedent's brother to Robert E. Doe. (Line 25) ...........................................................95 35,000.00 Transfer on May 1, 2000, of decedent's interest in self and survivor annuity purchased by decedent for decedent and son to Theodore R.Doe. (Line 26) ......................................96 2,500.00 Amount exceeding $10,000 of $15,000 cash gift to granddaughter Joan Q. Brown. (Line 28) .......................................................................97 5,000.00 Total Value (Lines 94 thru 97) ...................................................................98 102,500.00 Equitable Apportioned Ratio Expressed in Percent (Line 93 divided by Line 98) ........................................................................99 0.00% Percentage Contribution Due From Persons To Whom Property Transferred ........................................................100 0.00% Listing of Property Transferred, Recipient, Value, Percentage Contribution and Balance Due Spouse: Description of Property Recipient Value Percentage Balance Due Transferred Contribution Spouse Release on Feb. 1, 2000, of general power of appoint- ment in trust created May 1, 1980, by parents (Line 24) Ethyl Doe Wilson 60,000.00 0.00 0.00 Gift of decedent's one-half interest in 1,000 Shares Common Stock of ABC held by decedent and decedent's brother (Line 25) Robert E. Doe 35,000.00 0.00 0.00 Transfer on May 1, 2000, of decedent's interest in self and survivor annuity purchased by decedent for decedent and son (Line 26) Theodore R. Doe 2,500.00 0.00 0.00 Amount exceeding $10,000 of $15,000 cash gift to grand- daughter Joan Q. Brown (Line 28) Joan Q. Brown 5,000.00 0.00 0.00 Amount Due From Persons To Whom Property Transferred (Total of balance due spouse from table above) .........................................101 0.00
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