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Kansas Last Will and Testament

A Kansas will needs 2 witnesses, not a notary, to be valid. Make a free will template, add a self-proving affidavit, and get attorney review as an option.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called an executor, who will administer your estate. A will can also name a guardian for any minor children. In Kansas, a will must be signed at the end by the testator (the person making the will) and attested and subscribed in the testator's presence by two or more competent witnesses under K.S.A. Section 59-606. A gift to a subscribing witness is void unless two other non-beneficiary witnesses also sign, though the interested witness can still take up to the share they would have received without a will (K.S.A. Section 59-604), so it is safer to use witnesses who receive nothing under the will. Kansas does not require the will itself to be notarized; only the optional self-proving affidavit, a sworn statement signed before an officer such as a notary that lets the will be probated without live witness testimony, needs a notary. Kansas has no holographic-will statute, so an unwitnessed handwritten will is not valid here. 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. Attorney review is available as an option before you sign.

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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).

Key decisions before you file

Before you file a Last Will and Testament in Kansas, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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KANSAS LAST WILL AND TESTAMENT

This Kansas skeleton is governed by K.S.A. Chapter 59, Article 6, the Kansas Probate Code.

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Kansas, being of sound mind and having reached the rights of majority under K.S.A. Section 59-601, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have previously made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Kansas, as executor of this will, to administer my estate, pay valid debts and taxes, and distribute my property according to this will. I direct that my executor serve without bond if the court permits. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] of [CITY], Kansas, as successor executor.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property to named beneficiaries here, describing each item or amount and the beneficiary who receives it. If any beneficiary is a minor child, INSERT the name of a guardian nominated to care for that child, since a will is also where Kansas parents commonly name a guardian.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME]. This residuary clause ensures that any property not specifically listed above still passes under this will rather than by intestacy.

  5. ATTESTATION CLAUSE I sign this will on [DATE] at [CITY], Kansas, in the presence of the two witnesses below, who at my request and in my presence and in the presence of each other have subscribed their names as 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 it. Neither witness below is a beneficiary under this will.

[TESTATOR NAME], Testator

Witness 1: _____________________________ Address: ______________________ Witness 2: _____________________________ Address: ______________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under K.S.A. Section 59-606, this will may be made self-proved so that, unless contested, it can be admitted to probate without live testimony from the subscribing witnesses. The testator and both witnesses swear before an officer authorized to take acknowledgments, such as a notary, that the will was signed and declared as the testator's will and that the witnesses signed at the testator's request, in the testator's presence, and in the presence of each other.

State of Kansas, County of [COUNTY]. Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], testator, and by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [DATE].

Notary Public / Officer Authorized to Take Acknowledgments

Note: Do not name 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 intestate share they would have received without a will. Keep the signed original in a safe place and tell your executor where to find it. For the complete, customizable national template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Kansas in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Kansas?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Kansas will needs two competent witnesses. Under K.S.A. Section 59-606 the testator must sign at the end of the will, and the will must be attested and subscribed in the testator's presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge it. A gift to a witness can be voided under K.S.A. Section 59-604 unless two other non-beneficiary witnesses also sign, so choose witnesses who do not receive anything under the will.

No. A Kansas will is validly executed with two competent witnesses under K.S.A. Section 59-606; it does not need a notary. A notary, or another officer authorized to take acknowledgments, is used only if you add the optional self-proving affidavit, a sworn statement that lets the will skip live witness testimony during probate. Without that affidavit, the will is still valid as long as it is properly witnessed.

No. Kansas has no holographic-will statute. K.S.A. Section 59-606 requires every written will, however it is prepared, to be attested and subscribed in the testator's presence by two or more competent witnesses. An unwitnessed handwritten will, even if entirely in the testator's own writing, does not meet this standard and is not valid in Kansas.

Start by identifying your property, your beneficiaries, and the executor who will administer your estate. Draft the will naming these choices and a guardian for minor children if needed, then sign it at the end. Sign in the presence of two competent witnesses who also sign, satisfying K.S.A. Section 59-606. Consider adding the optional self-proving affidavit before an officer such as a notary, and keep the signed original in a safe place.

A valid Kansas will is in writing, signed at the end by the testator (or by another at the testator's express direction, or by the testator's mark), 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. The testator must also be at least 18 and of sound mind under K.S.A. Sections 59-601 and 38-101.

A self-proving affidavit is an optional sworn statement by the testator and the witnesses, signed before an officer authorized to take acknowledgments such as a notary, under K.S.A. Section 59-606. Once attached, it lets a Kansas will be admitted to probate without needing to locate and take live testimony from the subscribing witnesses, which can simplify probate for your executor.

You must be 18 or have reached the rights of majority to make a will in Kansas. K.S.A. Section 59-601 allows any person of sound mind who possesses the rights of majority to dispose of property by will, and K.S.A. Section 38-101 sets the age of majority at 18, with a narrow exception for someone 16 or older who is or has been married.

Kansas allows revocation by a later will, by a separate writing declaring the revocation that is executed with the same formalities as a will, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it, under K.S.A. Section 59-611. Separately, if you divorce after making a will, K.S.A. Section 59-610 automatically revokes the provisions in favor of the divorced spouse, though it does not revoke the whole will.