{"id":373500,"date":"2016-03-31T21:35:21","date_gmt":"2016-04-01T02:35:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-wills-laws.html"},"modified":"2023-04-17T17:16:11","modified_gmt":"2023-04-17T22:16:11","slug":"kansas-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-wills-laws.html","title":{"rendered":"Kansas Wills Laws"},"content":{"rendered":"\n
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Kansas Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When we die, what happens to our property and possessions? If we do nothing, they will be given to our relatives according to our state\u2019s intestate succession<\/a> laws. However, we can better determine who gets what if we develop an estate plan. For many, that means creating a will<\/a>. For others, that may also mean creating a trust<\/a>. No matter what your circumstances are and how uncomfortable it can be to talk about our own death, it\u2019s important to understand the wills<\/a> laws and related estate planning laws in your state.<\/p>\r\n

The following chart outlines the main laws related to creating and revoking wills in Kansas.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nKansas Statutes Chapter 59: Probate Code, Article 6: Wills<\/td>\r\n<\/tr>
Who Can Create a Will?<\/b><\/td>\r\nAnyone at least 18 years of age<\/a> or emancipated by marriage, the court, or another manner and who is of sound mind can create a will. The person who creates a will is called the \u201ctestator.\u201d<\/td>\r\n<\/tr>
Legal Requirements for a Valid Will<\/b><\/td>\r\nA valid will<\/a> in Kansas must be:
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Witnesses<\/b><\/td>\r\nAt least two witnesses to the will must be legally competent at the time of the signing of the will.
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\r\nA gift or bequest made in a will to a signing witness is void<\/a>, unless there are two other competent signing witnesses who aren\u2019t also will beneficiaries. However, if a person would be an heir without a will (intestate succession), then the person can take no more than given in the will.
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\r\nAlso understand you can\u2019t give a gift to the person drafting your will (the lawyer helping you), unless he or she is also a relative or you also have independent legal advice.<\/td>\r\n<\/tr>
Revocation of a Will<\/b><\/td>\r\nA will can be revoked<\/a> in the following ways:
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Oral or Nuncupative Wills<\/b><\/td>\r\nAn oral or nuncupative<\/a> will is valid in Kansas if made during the testator\u2019s last sickness. However, the oral will<\/a> can only give away personal property and only if put into writing and subscribed two by two competent, disinterested witnesses within 30 days after speaking the testamentary words. A \u201cdisinterested\u201d witness is someone who isn\u2019t receiving something from the will.<\/td>\r\n<\/tr>
Handwritten or Holographic Wills<\/b><\/td>\r\nHolographic wills, which are wholly handwritten by the testator, aren\u2019t valid in Kansas. However, these wills are valid in some other states, like nearby Oklahoma<\/a> and Nebraska<\/a>.<\/td>\r\n<\/tr>
Validity of Out-of-State Wills<\/b><\/td>\r\nWills that were valid in the state<\/a> the testator lived either at creation of the will or at his or her death are valid in Kansas, as long as the will is in writing and signed by the testator.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

If now is the time to draft your will, you can create your own using numerous online will resources. You should also consider consulting with an experienced Kansas attorney who specializes in wills<\/a> and estate planning, especially if you have a significant amount of assets. You may also want to create an advance health care directive to state your health care wishes<\/a> and assign a health care representative<\/a> should you become incapacitated.<\/p>\r\n

Note:<\/i><\/b> State laws are updated frequently, please talk to a lawyer or conduct your own legal research to verify these estate planning laws.<\/i><\/p>\r\n

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