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Q: What makes a will legal in Kansas?

To make a legal will in Kansas, you must be of “ sound mind ” and at least 18 years old. Sound mind means the mental capacity to understand what you own, your natural beneficiaries, your “heirs,” and what property you give away. You must also sign your will in the presence of two competent, disinterested witnesses.

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Benefits of a Kansas will

If you die without making a will, you die “intestate.” The probate court determines who will administer your estate, how to distribute your property, and who will care for your minor children. If you have a will, you do not leave these personal decisions to a probate court that doesn’t understand your family dynamic. Because you made these decisions in your will, the cost of probating your estate is significantly reduced. With a Kansas will from FindLaw, you’ll make your will your way and protect your family.

With FindLaw, you can easily create a will. Click on the links below to jump down the page:

Last updated: January 24, 2022

Written by:

Catherine Hodder, Esq.

Senior Legal Writer

Reviewed by:

Tim Kelly, J.D.

Contributing Author

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How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

How do I make a legal will in Kansas?

If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:

Create your list of property and assets

First, you determine the property and assets to distribute in your will. Keep in mind only some of your property transfer through your will, such as:

Real property in your name only
Cars, boats, or RVs in your name only
Bank and investment accounts in your name only without a named beneficiary

Your assets that do not go through probate include:

Bank and investment accounts with transfer-on-death beneficiaries
IRA and retirement accounts with transfer-on-death beneficiaries
Real estate owned in joint tenancy

Make sure you have named beneficiaries on these accounts. For example, review your bank accounts, investment accounts, stocks, or other financial accounts. Similarly, check that all life insurance policies have a named beneficiary. Without beneficiaries, these assets will become part of your probate estate.

Name your beneficiaries

Determine who receives your property in the will. Your beneficiary is the person or organization you name to receive a gift of money or property. So, if you want to make a charitable donation, you include the charity name and gift amount. You can instruct your personal representative to hold any gift in trust for any beneficiary under 18 years of age until they become an adult. Kansas also allows you to make a written statement disposing of tangible personal property. So, you can list beneficiaries and describe the items with reasonable certainty. You must sign the list or write it entirely in your handwriting. The benefit is that as you acquire or get rid of personal property, or if you want to change your beneficiaries, you can change and update your list.

Appoint a personal representative

Next, choose someone you trust as your personal representative of your estate. Your personal representative handles the probate paperwork, pays off your debts, and follows the distribution instructions of your will.

Decide on a guardian for minor children

If you have any children under 18, who would take of them if you are not around? Appoint a guardian for any minor children, so the court doesn’t make that decision for you. The guardian handles your children’s support, healthcare, education, and maintenance.

Print and sign your document in front of witnesses

Under Kansas law, sign your will in front of two competent witnesses. These witnesses should also be “disinterested.” A disinterested witness is someone who will not receive any benefit from your will.

You do not need your will notarized in Kansas. However, Kansas allows you to complete a “self-proving affidavit” where a notary public signs a witness affidavit to prove the will’s validity. With this affidavit, witnesses do not have to testify that your will is authentic.

You may want to speak with a lawyer if you:

Have a past divorce, blended family, or other complex family situation
Have a high-value estate
Own a business
Want to create a special needs trust
Want legal review of your completed will

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Common questions about Kansas wills

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Can I create my own legal will in Kansas?

A valid will is your statement of wishes signed according to your state’s legal requirements. You can create your own will or follow FindLaw’s easy, step-by-step process to draft your will. You do not need a lawyer for a Kansas will.

However, suppose you have specific concerns about your will or family situation. In that case, you may want a Kansas estate planning lawyer to review your will. FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. You can find an experienced, local attorney through our directory.

What makes a will legal in Kansas?

To make a legal will in Kansas, you must be of “sound mind” and at least 18 years old. Sound mind means the mental capacity to understand what you own, your natural beneficiaries, your “heirs,” and what property you give away. You must also sign your will in the presence of two competent, disinterested witnesses.

Is a handwritten will legal in Kansas?

Kansas does not permit handwritten or “holographic” wills. Instead, two competent, disinterested witnesses must witness you signing the will. However, Kansas allows an oral or “nuncupative” will with many limitations.

An oral will is only valid if made before your death in front of two competent, disinterested witnesses and reduced to writing within 30 days of that statement being made. And oral wills only apply to giving away personal property.

How do I avoid probate in Kansas?

Kansas is different in that the probate court charges fees for the services done for the probate estate, not necessarily the size. So, if you have a will, you can significantly reduce the probate fees your estate will pay.

Additionally, if you have a small estate, you qualify for a simplified probate procedure. If your estate has a value of $40,000 or less, you can handle probate with affidavits. You do not need to go through formal probate.

How do I revoke a will in Kansas?

You may change your mind or have a situation where you need to revoke a will. You can revoke your Kansas will in many ways:

Create a new will in writing.
Revoke the will by a written declaration witnessed by two disinterested witnesses.
Physically burn, tear, obliterate, or destroy the will with the intent to revoke.
Personally direct someone else to physically burn, tear, obliterate, or destroy the will with the intent to revoke.

Be warned, you may unintentionally revoke your will. Under Kansas statute §59-610, your will is automatically revoked if you marry, have, or adopt a child after the date of your original will.

So, if there is a change in your family, you may need to make a new will. Also, if you divorce, any provisions or appointments for your spouse are void. The advantage of a FindLaw will is that you can easily update your will when necessary.

What other estate planning documents do I need in Kansas?

Your will is a vital first step of your estate plan. However, there are other key documents to help you during your lifetime.

FindLaw can guide you through creating other legal documents for your estate plan:

A power of attorney to manage your finances and your property.
A durable power of attorney for health care decisions to name a health care attorney-in-fact to make your medical decisions.
A living will declaration for your end-of-life care.

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.