Self-Proving Will in Kansas: How the Affidavit Works

A self-proving affidavit is a notarized attachment to your Kansas will that eliminates the need for your witnesses to testify in probate court after your death. It takes about ten minutes to add during the signing ceremony — and it can save your family weeks of delay and hundreds of dollars in legal costs if your witnesses are hard to locate years later.

What a Self-Proving Affidavit Does

When a will is submitted to probate, the court must verify that it was properly executed. Without a self-proving affidavit, your witnesses need to provide testimony — either by appearing in court, submitting sworn written statements, or having their depositions taken. If a witness has moved out of state, become incapacitated, or died, proving the will becomes significantly harder and more expensive.

A self-proving affidavit under K.S.A. 59-606 creates a rebuttable presumption that the will was properly executed. The court can admit the will to probate based on the affidavit alone, without requiring witness testimony. The presumption can be challenged, but in the absence of a dispute, it streamlines the entire process.

How to Execute the Affidavit

The self-proving affidavit must be signed at the same time the will is executed. The process requires:

1. The testator signs the will at the end of the document, in the presence of at least two competent witnesses.
2. The witnesses sign the will in the testator's presence, confirming they saw the testator sign or heard them acknowledge the signature.
3. All parties sign the self-proving affidavit — the testator and both witnesses each sign the affidavit, which is a separate page attached to or following the will.
4. A notary public administers the oath and notarizes the affidavit. The notary must not be one of the subscribing witnesses.

The affidavit follows the statutory form prescribed in K.S.A. 59-606. Using the exact statutory language is important — courts may question affidavits that deviate from the prescribed form.

Common Mistakes to Avoid

Notarizing but not witnessing. A notarized will is not the same as a witnessed will. Kansas requires both: two witness signatures on the will itself, plus a notarized self-proving affidavit. A will that is notarized but lacks two witness signatures is not valid.

Adding the affidavit later. The affidavit must be executed during the original signing ceremony. You cannot go back weeks later and have the testator and witnesses sign the affidavit retroactively. If you missed the affidavit at signing, you would need to re-execute the will from scratch or execute a codicil with a new affidavit.

Using the notary as a witness. The person notarizing the affidavit should not serve as one of the two required witnesses. While Kansas law does not explicitly prohibit this, best practice keeps these roles separate to avoid challenges.

Is a Self-Proving Affidavit Required?

No. A Kansas will is valid without a self-proving affidavit, as long as it meets the execution requirements of K.S.A. 59-606 — written, signed at the end by the testator, witnessed by two competent people. The affidavit is an optional but strongly recommended addition that makes probate faster and less expensive for your family.

For most families, the ten-minute addition during signing is well worth the protection. The Kansas Estate Planning Kit includes step-by-step instructions for the complete signing ceremony, including the self-proving affidavit procedure.

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