Kansas Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and names the executor who will administer your estate after you die. It can also name a guardian for minor children.

2. 2

   Kansas requires two witnesses. Under K.S.A. Section 59-606 the will must be signed at the end by the testator and attested and subscribed in the testator's presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the will.

3. 3

   A gift to a witness can be voided. K.S.A. Section 59-604 makes a beneficial gift to a subscribing witness void unless two other non-beneficiary witnesses also sign, though the witness can still take up to the share they would have received had there been no will. Use disinterested witnesses to avoid this risk.

4. 4

   A self-proving affidavit is available and needs a notary. Under K.S.A. Section 59-606 a will can be made self-proved through affidavits of the testator and witnesses sworn before an officer authorized to take acknowledgments, such as a notary. A self-proved will is admitted to probate without live witness testimony.

5. 5

   Kansas does not recognize holographic wills. K.S.A. Section 59-606 requires every written will to be attested and subscribed by two or more competent witnesses, so an unwitnessed handwritten will is not valid as a will in Kansas.

6. 6

   The will itself does not need a notary. Two competent witnesses, not a notary, make the will valid. A notary or other authorized officer is used only for the optional self-proving affidavit, not for the underlying will document.

7. 7

   Minimum age is 18, and a will can be revoked. Any person of sound mind who has reached the rights of majority, age 18 under K.S.A. Section 38-101, may make a will under K.S.A. Section 59-601. A will can be revoked by a later will, by a writing executed with the same formalities, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke (K.S.A. Section 59-611); divorce automatically revokes provisions for the divorced spouse (K.S.A. Section 59-610).

Kansas Requirements for Last Will and Testament

• Sign in the Presence of Two Witnesses

  A Kansas will must be signed at the end by the testator and attested and subscribed in the testator's presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the will, under K.S.A. Section 59-606.

• Avoid Naming a Beneficiary as a Witness

  K.S.A. Section 59-604 voids a beneficial gift to a subscribing witness unless two other non-beneficiary witnesses also sign, though the interested witness can still take up to the share they would have received under intestacy. Use witnesses who receive nothing under the will.

• No Notary Required for the Will Itself

  Kansas does not require the will document to be notarized. Two competent witnesses under K.S.A. Section 59-606 make the will valid; a notary or other authorized officer is needed only for the optional self-proving affidavit.

• Add a Self-Proving Affidavit if Desired

  Under K.S.A. Section 59-606, a will may be made self-proved through affidavits of the testator and witnesses sworn before an officer authorized to take acknowledgments, such as a notary. A self-proved will is admitted to probate without live testimony from the subscribing witnesses.

• Handwritten (Holographic) Wills Are Not Valid

  Kansas has no holographic-will statute. K.S.A. Section 59-606 requires every written will to be attested and subscribed by two or more competent witnesses, so an unwitnessed handwritten will is not valid in Kansas.

• Meet the Minimum Age and Capacity Standard

  A Kansas testator must be of sound mind and possess the rights of majority under K.S.A. Section 59-601. K.S.A. Section 38-101 sets the age of majority at 18, with a narrow exception for a person 16 or older who is or has been married.

• Follow the Kansas Revocation Formalities

  A Kansas will can be revoked by a later will, by a writing executed with the same formalities as a will, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke, under K.S.A. Section 59-611.

• Know That Divorce Revokes Only the Spouse's Provisions

  Under K.S.A. Section 59-610, if the testator divorces after making a will, the provisions in favor of the divorced spouse are automatically revoked, but the rest of the will remains in effect, so update the will after a divorce.