How to Make a Valid Will in Kansas

Who Can Make a Will in Kansas?

You must be at least 18 years old to make a will in Kansas. No statutory exceptions for minors. The testator must be of sound mind (K.S.A. § 59-601)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's express direction.

Witness Requirements in Kansas

Kansas requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of two or more competent witnesses who shall attest and sign the will in the testator's presence (K.S.A. § 59-606).

Interested witnesses: An interested witness does not invalidate the will

Notarization in Kansas

Notarization is not required for a will to be valid in Kansas. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Kansas allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (K.S.A. § 59-606)

Handwritten (Holographic) Wills

Kansas does not recognize holographic wills. Holographic wills are not recognized in Kansas

Electronic Wills

Kansas does not currently recognize electronic wills. Kansas does not currently have an electronic wills statute

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made during last sickness or in imminent peril of death, before two disinterested witnesses. For personal property only. Must be reduced to writing within 30 days and proved within 6 months (K.S.A. § 59-608)

How to Revoke a Will in Kansas

In Kansas, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

K.S.A. § 59-611

Special Provisions in Kansas

Kansas is a separate property/common law state. Surviving spouse has an elective share: may elect to take one-half of the augmented estate (K.S.A. § 59-6a202). Kansas has no state estate or inheritance tax

Relevant Kansas Statutes

• K.S.A. § 59-601 (Who may make a will)
• K.S.A. § 59-606 (Execution of wills; self-proving)
• K.S.A. § 59-608 (Nuncupative wills)
• K.S.A. § 59-611 (Revocation)
• K.S.A. § 59-6a202 (Elective share)