Kansas Estate Planning Checklist

Most Kansas families assume a will is the beginning and end of estate planning. In practice, a complete Kansas estate plan involves seven coordinated steps — and skipping even one can send assets through probate, expose your home to Medicaid recovery, or leave your family locked out of bank accounts for months.

Step 1: Inventory Your Assets by Transfer Type

Before drafting anything, sort your assets into three categories:

• Solely owned assets (bank accounts without beneficiaries, vehicles titled in one name, personal property). These pass through probate unless you add transfer-on-death or payable-on-death designations.
• Jointly owned assets (joint tenancy real estate, joint bank accounts). These transfer automatically to the surviving owner.
• Beneficiary-designated assets (life insurance, retirement accounts, TOD deeds, POD bank accounts). These bypass probate entirely and transfer to named beneficiaries.

The goal is to move as many assets as possible into the second and third categories. If your probate estate — solely owned assets only — stays under $75,000 and contains no real estate, your family can use the K.S.A. 59-1507b small estate affidavit instead of going through court.

Step 2: Draft a K.S.A. 59-606 Compliant Will

Your will handles whatever doesn't pass through beneficiary designations or joint ownership. Under Kansas law, the will must be written, signed at the end by the testator, and witnessed by at least two competent people. Attach a self-proving affidavit (notarized by the testator and witnesses) to eliminate the need for witness testimony at probate.

Your will should name a personal representative, nominate guardians for minor children, and include a residuary clause covering any assets you didn't specifically address.

Step 3: Record Transfer on Death Deeds for Real Estate

A TOD deed under K.S.A. 59-3501 transfers your home directly to named beneficiaries at death, bypassing probate. The deed must be signed, notarized, and recorded with the county Register of Deeds before you die — recording costs $21 for the first page. You retain full ownership during your lifetime and can revoke or change the deed at any time.

A later will cannot override a recorded TOD deed. If you want to change the beneficiary, you must record a new deed or a formal revocation.

Step 4: Add POD Designations to Bank Accounts

Contact your bank to add payable-on-death designations to checking and savings accounts. This is usually a one-page form. After your death, beneficiaries collect the funds by presenting a certified death certificate — no court involvement, no waiting period beyond the bank's internal processing.

Step 5: Complete Advance Directives

Kansas recognizes two documents for healthcare decisions:

• Durable Power of Attorney for Healthcare — names an agent to make medical decisions if you're incapacitated.
• Living Will — states your preferences for life-sustaining treatment.

Both require witnesses and specific formalities. A financial durable power of attorney is equally important — without one, your family may need a court-appointed conservator to pay your bills if you become incapacitated.

Step 6: Understand Your Homestead Exemption

Kansas provides one of the strongest homestead protections in the country. Under the Kansas Constitution (Article 15, Section 9), your primary residence is protected from general creditors with no dollar cap — up to 1 acre in a city or 160 acres of rural farmland. This protection continues for your surviving spouse and minor children after your death.

However, the homestead exemption does not protect against mortgages, property tax liens, or Medicaid estate recovery claims.

Step 7: Address Medicaid Estate Recovery Exposure

Kansas uses an expanded definition of "estate" for Medicaid recovery under K.S.A. 39-709. The state can recover long-term care costs not just from probate assets, but also from TOD deeds, joint tenancy property, POD bank accounts, and revocable trusts. Simply avoiding probate does not protect your assets from KanCare recovery.

Key exemptions exist: recovery is deferred while a surviving spouse is alive, and while a minor, blind, or permanently disabled child survives. A caregiver child who lived in the home for at least two years before institutionalization may also qualify for an exemption.

The Complete Kansas Estate Plan

When all seven steps are coordinated — will, TOD deeds, POD accounts, advance directives, homestead awareness, and Medicaid planning — your family avoids probate on most assets, stays out of court for healthcare decisions, and knows exactly which protections apply.

The Kansas Estate Planning Kit provides step-by-step instructions for each piece, including the specific Kansas forms and filing procedures your family needs.

See more Kansas guides →