How to Make a Will in Kansas

A Kansas will that skips even one statutory requirement under K.S.A. 59-606 is treated as if it never existed — and your estate gets divided by intestacy rules that may send half your assets to people you never intended. The execution requirements are strict but straightforward, and getting them right is the difference between a plan that holds up in court and one that falls apart.

What Kansas Law Requires for a Valid Will

Under K.S.A. 59-606, a valid Kansas will must satisfy four non-negotiable elements:

1. Written document. Oral wills and video recordings are not recognized in Kansas.
2. Signed at the end by the testator. The testator must sign at the very bottom of the document. Kansas courts have invalidated wills where the signature appeared in the body rather than at the end. Alternatively, someone else can sign on the testator's behalf if done in their presence and at their express direction.
3. Two competent witnesses. At least two witnesses must either watch the testator sign or hear them acknowledge the signature, then sign the document themselves in the testator's presence.
4. Legal capacity. The testator must be at least 18 years old and of sound mind.

Kansas does not recognize holographic (handwritten, unwitnessed) wills. A will written entirely in your handwriting but lacking two witness signatures is not valid for probate, no matter how clearly it states your wishes.

The Self-Proving Affidavit That Saves Your Family Time

Kansas allows you to attach a self-proving affidavit to your will during execution. This notarized statement, signed by both the testator and the witnesses before a notary public, creates a legal presumption that the will was properly executed.

The practical effect is significant: without a self-proving affidavit, your witnesses must either testify in person at probate court or submit separate sworn statements after your death. If witnesses have moved, become incapacitated, or died, proving the will becomes expensive and uncertain.

Adding the affidavit during signing takes about ten extra minutes and eliminates this entire burden for your family.

The Six-Month Filing Deadline Most Families Miss

Under K.S.A. 59-617, whoever holds the original will must file it with the district court within six months of the testator's death. Miss this deadline and the will is legally barred from probate — your estate defaults to intestacy, regardless of what the document says.

This trap catches families more often than you might expect. A will stored in a safe deposit box that no one can access quickly, or handed to a friend who forgets the deadline, can render the entire plan worthless.

Common Mistakes That Invalidate Kansas Wills

Signing in the wrong place. The statute says "at the end." A signature in the margin, between paragraphs, or on a cover sheet does not satisfy K.S.A. 59-606.

Using only one witness. Two witnesses are the minimum. One witness who watched you sign is legally insufficient, and the entire will fails.

Trying to override a TOD deed. Under K.S.A. 59-3501, a recorded transfer on death deed transfers property automatically at death and cannot be changed by a later will. To modify a TOD deed, you must record a new deed or a formal revocation with the county Register of Deeds.

Skipping updates after major life events. Kansas automatically revokes spousal provisions upon divorce under K.S.A. 59-105, but it does not revoke the entire will. Outdated beneficiary designations on employer retirement accounts are governed by federal ERISA rules and are never overridden by a state will.

What Your Kansas Will Should Cover

A basic will addresses four core decisions: who inherits your property, who serves as your personal representative (executor), who becomes guardian of minor children, and how debts and expenses are paid. For most Kansas families, combining a properly executed will with transfer on death deeds for real estate and POD designations for bank accounts keeps the majority of assets out of probate entirely.

The Kansas Estate Planning Kit walks you through the complete process — will execution, witness requirements, self-proving affidavit, and coordination with non-probate transfers — so your plan actually holds up when your family needs it.

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