To make a valid will in Kansas, you must be an adult of sound mind, put your wishes in writing, sign at the end of the document, and have two competent witnesses sign in your presence under K.S.A. § 59-606. Kansas does not recognize unwitnessed holographic wills.
Key Takeaways
- Kansas requires two competent witnesses who attest and subscribe the will in the testator's presence.
- Kansas does not allow a fully handwritten, unwitnessed holographic will made in Kansas.
- You must have the rights of majority and be of sound mind under K.S.A. § 59-601 to make a valid will.
- A self-proved will lets the probate court skip live witness testimony when the will is uncontested.
What are the basic requirements to make a valid will in Kansas?
Under K.S.A. § 59-601, any person of sound mind who possesses the rights of majority may dispose of property by will. Under K.S.A. § 59-606, the will itself must be in writing and signed at the end by the testator, or by someone else in the testator's presence and at the testator's express direction. It must then be attested and subscribed in the testator's presence by two or more competent witnesses who either saw the testator sign or heard the testator acknowledge the will.
Signature placement matters in Kansas. Because the statute specifically requires the signature at the end of the document, a will signed elsewhere on the page can create real problems in probate.
Step-by-step: how do you make a will in Kansas?
- List your assets, debts, and the people or organizations you want to name as beneficiaries.
- Choose an executor to manage your estate and a guardian if you have minor children.
- Draft the will naming your executor, guardian, and beneficiaries, and clearly identify it as your last will and testament.
- Sign the will at the end of the document, or direct someone else to sign in your presence.
- Have two competent witnesses sign in your presence, after seeing you sign or hearing you acknowledge the will.
- Consider a self-proving affidavit before a notary at the same sitting under K.S.A. § 59-606.
- Store the signed original somewhere secure and tell your executor exactly where to find it.
If you would rather not draft this language yourself, FastWill's online will builder covers each of these steps and produces a Kansas-compliant will.
Does Kansas recognize handwritten (holographic) wills?
No. Kansas does not accept a completely handwritten, unwitnessed will made in Kansas, unlike roughly half of U.S. states that recognize a holographic will outright. Kansas will, however, generally recognize a holographic will that was validly executed in a state that does allow them, under standard choice-of-law principles. If you are signing your will while living in Kansas, plan on meeting the full witnessing requirements of K.S.A. § 59-606 rather than relying on an informal handwritten note.
What is a self-proved will and do you need one in Kansas?
Kansas allows a will to be made self-proved at the time of execution, or at any later date during the lifetimes of the testator and witnesses, through acknowledgments and affidavits made before an officer authorized to take acknowledgments to deeds and administer oaths. A self-proved will, unless contested, is admitted to probate without the testimony of any subscribing witness, though it is otherwise treated no differently than a will that was not self-proved. This is a practical safeguard: it means your executor is not stuck tracking down two witnesses years after you signed, when either of them may have moved, lost touch, or died.
DIY will vs. hiring a lawyer in Kansas
Most Kansas estates, meaning a home, some savings, retirement accounts, and everyday personal property, do not require a custom will drafted by an attorney. Because Kansas has no holographic will fallback for wills signed in the state, nailing the execution formalities in K.S.A. § 59-606, particularly signature placement, matters more here than in some other states. Talk to an estate planning attorney if you run a business, have a blended family with competing claims, own property outside Kansas, or need a trust for a beneficiary who cannot manage an outright inheritance. See our Kansas estate planning overview, Kansas estate planning checklist, and guide to Kansas power of attorney for what else your plan should cover.
How do you update or revoke a will in Kansas?
You can revoke a Kansas will by physically destroying it with intent to revoke, by executing a new will that revokes prior wills, or by a subsequent written instrument executed with the same formalities as a will. Marriage, divorce, a move, and the birth or adoption of a child are the most common triggers for updating a will. Do not cross out or handwrite changes onto a will you have already signed. Because Kansas will not treat that kind of edit as a valid holographic amendment, it may simply be disregarded, leaving the original unwanted language in place. Execute a new will or a properly witnessed codicil instead.
A codicil amends a specific part of an existing will and must be signed at the end and witnessed by two competent people, the same as the original will under K.S.A. § 59-606. For most people, particularly after a divorce, remarriage, or a significant change in assets, executing a completely new will that expressly revokes every prior will and codicil is simpler and safer than layering amendments. Every additional document is one more thing a Kansas probate court has to reconcile, and in a state without a holographic will fallback, that reconciliation carries real weight.
Frequently Asked Questions
Do I need a lawyer to make a will in Kansas?
No. Kansas does not require an attorney to draft or witness a will, but you must follow K.S.A. § 59-606 exactly, since Kansas has no holographic will exception to fall back on.
Can a beneficiary act as a witness in Kansas?
It is best to avoid it. Using an interested witness can invite a challenge and complicate probate even where the will is otherwise valid. Choose two competent witnesses who receive nothing under the will.
Is a will made in another state valid once I move to Kansas?
Generally yes, if it was validly executed under the law of the state where it was signed or where you were domiciled at the time. Have it reviewed after your move, especially if it relied on a holographic will exception Kansas does not offer for locally signed wills.
What happens if I die without a will in Kansas?
Kansas's intestacy statutes decide who inherits, typically your spouse and children in shares set by law rather than your own preference. See our guide on what happens if you die without a will in Kansas for the full breakdown.
Do I need to notarize my will in Kansas?
No, notarization is not required for the will itself to be valid. It is required only for the optional self-proving step under K.S.A. § 59-606, which is still worth doing.
Ready to make your Kansas will official the right way? Build a compliant will with FastWill's will package, and see our general guide to writing your own will for concepts that apply nationwide.
