All Laws Decoded

Kansas Wills, Probate and Estate Law

The rules in Kansas for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the District Court (probate).

Quick answers for Kansas

Small estate affidavit
If the total probate assets of a Kansas resident do not exceed $75,000, personal property (for example bank accounts and vehicles) can be transferred to a successor without opening probate, by giving the holder an affidavit showing entitlement. A successor is a person entitled to the property under the will or by intestate succession, or the person named as executor in the will. The affidavit is sufficient if it substantially follows the Kansas Judicial Council form; it is not filed with the court. It covers personal property only, not real estate. The statute does not set a waiting period. K.S.A. 59-1507b
Handwritten (holographic) wills
No. Kansas has no separate rule for handwritten wills; a handwritten will must be signed and witnessed like any other will. A will made outside Kansas is valid if it follows Kansas law, the law of the place where it was signed, or the law of the will-maker's residence, as long as it is in writing and signed by the will-maker. K.S.A. 59-606, 59-609
Transfer-on-death deed
Yes. An owner can sign a transfer-on-death (TOD) deed naming one or more beneficiaries. It must be signed, acknowledged before a notary and recorded with the register of deeds in the county where the property is located before the owner's death; the statute provides the form wording. The beneficiary does not need to be told or consent, and the deed can be revoked or changed by a later recorded instrument, but not by a will. On death, title vests in the beneficiary subject to existing mortgages, liens and any state Medicaid claim. K.S.A. 59-3501 to 59-3504
State estate or inheritance tax
No state estate or inheritance tax. Kansas's estate tax applied only to deaths from 2007 through 2009, and only to estates that filed a return before January 1, 2020; earlier inheritance tax laws have been repealed. K.S.A. 79-15,254

Last verified: 2026-10-25

Wills

Requirements for a valid willAny person of sound mind who has reached the age of majority may make a will. A written will must be signed at the end by the will-maker (or by another person in their presence and at their express direction) and witnessed by two or more competent witnesses, who sign in the will-maker's presence after seeing the will-maker sign or hearing them acknowledge the will.
Handwritten (holographic) willsNo. Kansas has no separate rule for handwritten wills; a handwritten will must be signed and witnessed like any other will. A will made outside Kansas is valid if it follows Kansas law, the law of the place where it was signed, or the law of the will-maker's residence, as long as it is in writing and signed by the will-maker.
Self-proving affidavitYes. When the will is signed or later (while the will-maker and witnesses are alive), the will-maker and witnesses can acknowledge the will and sign affidavits before a notary or other officer, using the certificate wording in the statute. This makes witness testimony unnecessary at probate.

If there is no will

Who inherits without a willIf there is a surviving spouse and no children or descendants of a deceased child, the spouse inherits everything. If there are children or descendants, the spouse inherits one-half and the children share the other half equally (descendants of a deceased child take that child's share). With no spouse, the children (and descendants of deceased children) inherit everything. With no spouse or descendants, the parents inherit; if no parents, the property passes to the parents' heirs (such as siblings and their descendants). Property does not pass to relatives further than the sixth degree except by direct descent.
Surviving spouse's shareA surviving spouse of a Kansas resident may elect a percentage of the augmented estate (probate estate plus certain nonprobate transfers and the spouse's own property) that grows with the length of the marriage: 3% after one year up to 50% after 15 years or more. If the spouse's total is less than $100,000, a supplemental amount brings it up to $100,000. The election is made by filing a petition within six months after the death or six months after notice of the right to elect, whichever is later; the court can extend the time if asked within six months after death.
The $100,000 supplemental amount reflects a 2023 amendment (L. 2023, ch. 77).

Probate

Probate stepsFile a petition for probate of the will or for administration in district court (a will must generally be offered for probate within six months after death to pass property). The petition lists heirs, beneficiaries and the general value of the estate. Notice is published, including notice to creditors, and mailed to known creditors. The executor or administrator receives letters, files a verified inventory and valuation within 30 days after appointment, pays valid claims, and then petitions for final settlement. At the hearing the court approves the account and issues a decree assigning the estate; a decree that includes real estate is sent to the county for the transfer record.
Simplified probateKansas offers several simpler options: (1) Simplified estates act: when asked in the petition, the court decides whether the estate may be administered with less court supervision, considering the estate's size, family relationships, solvency, wishes of heirs and cost; an interested person can object and ask for supervised administration. (2) Informal administration act: the court can enter orders assigning all assets to the proper beneficiaries or heirs after debts are paid. (3) Determination of descent: if someone has been dead more than six months and no will was filed or probate or administration petition opened, an interested person can petition the court to determine who inherits the property (often used for real estate). There is no fixed dollar limit for these procedures in the statutes cited.
Small estate affidavitIf the total probate assets of a Kansas resident do not exceed $75,000, personal property (for example bank accounts and vehicles) can be transferred to a successor without opening probate, by giving the holder an affidavit showing entitlement. A successor is a person entitled to the property under the will or by intestate succession, or the person named as executor in the will. The affidavit is sufficient if it substantially follows the Kansas Judicial Council form; it is not filed with the court. It covers personal property only, not real estate. The statute does not set a waiting period.
The $75,000 limit took effect July 1, 2023 (L. 2023, ch. 77); the statute was amended again in 2024 to clarify who is a successor.
Deadline for creditor claimsClaims must be presented within four months after the first publication of the notice to creditors or, for known or reasonably ascertainable creditors, within 30 days after they receive actual notice, whichever is later. Creditors generally lose their claims against the decedent's property (other than existing liens) unless a probate or administration petition is filed within six months after the death. Tort claims covered by the usual statute of limitations are treated separately.
Who can be executorThe executor named in the will receives letters if legally competent and willing to serve; otherwise an administrator is appointed. A nonresident can serve but must first appoint in writing an agent who lives in the county where the case is filed, for service of legal papers. Every fiduciary must post bond of at least 125% of the personal property plus probable annual income from real estate, unless the will waives bond, all heirs or beneficiaries waive it in writing, or the fiduciary is a Kansas bank or trust company; the court can still require bond.

Deeds and transferring a house

Signing and recording a deedA deed must be signed by the grantor or the grantor's authorized agent. It is acknowledged before a notary under Kansas notary law and recorded with the register of deeds of the county where the property is located; the full name and mailing address of the person receiving the property must be given when recording. A real estate sales validation questionnaire must accompany most deeds for recording (it is not itself recorded).
Transfer-on-death deedYes. An owner can sign a transfer-on-death (TOD) deed naming one or more beneficiaries. It must be signed, acknowledged before a notary and recorded with the register of deeds in the county where the property is located before the owner's death; the statute provides the form wording. The beneficiary does not need to be told or consent, and the deed can be revoked or changed by a later recorded instrument, but not by a will. On death, title vests in the beneficiary subject to existing mortgages, liens and any state Medicaid claim.

Power of attorney and health care directives

Financial power of attorneyUnder the Kansas power of attorney act, a power of attorney is durable (continues after the principal becomes disabled) only if it is called a durable power of attorney or includes the durability language in the statute, and it is signed, dated and acknowledged before a notary. If the principal cannot physically sign, an adult designee may sign at the principal's direction in front of a notary. Recording is not required unless used for real estate matters; if it is recorded, a revocation must also be recorded.
Health care directiveDurable power of attorney for health care decisions: must be dated and signed before two adult witnesses (who cannot be the agent, a relative, an heir or beneficiary, or someone financially responsible for the principal's care) or acknowledged before a notary. The treating provider and its employees generally cannot be the agent unless related. The statute provides a form. Living will (declaration under the natural death act): any adult may sign one, in writing and dated, before two qualified adult witnesses or a notary; it has no effect during a diagnosed pregnancy.
Official power of attorney formsKansas law sets out a statutory form titled "Durable Power of Attorney for Health Care Decisions" (K.S.A. 58-632); it is signed and dated by the principal and either witnessed by two adults or acknowledged before a notary public. Witnesses cannot be the agent, a relative of the principal by blood, marriage or adoption, someone entitled to part of the principal's estate, or someone financially responsible for the principal's health care. A financial power of attorney under the Kansas power of attorney act must be signed by the principal and dated and acknowledged under the Revised Uniform Law on Notarial Acts (a physically unable but competent principal may have an adult designee sign in the principal's presence before a notary); powers of attorney executed on or after July 1, 2021 are sufficient if they substantially comply with the form set out by the Kansas Judicial Council (K.S.A. 58-652).
Financial POA execution: https://www.ksrevisor.gov/statutes/chapters/ch58/058_006_0052.html

Estate and inheritance tax

State estate or inheritance taxNo state estate or inheritance tax. Kansas's estate tax applied only to deaths from 2007 through 2009, and only to estates that filed a return before January 1, 2020; earlier inheritance tax laws have been repealed.

Planning documents and avoiding probate

Living will / advance directiveUnder the Kansas Natural Death Act, any adult may sign a declaration (living will) directing that life-sustaining procedures be withheld or withdrawn in a terminal condition. It must be in writing, signed by the person (or by another in their presence at their direction), dated, and either signed in front of two witnesses age 18 or older or acknowledged before a notary. A witness cannot be the person who signed for the declarant, a relative by blood or marriage, an heir or will beneficiary, or someone directly financially responsible for the declarant's medical care. It has no effect during a diagnosed pregnancy. The declarant must notify the attending physician. The statute provides the form wording.
Medical power of attorneyKansas uses a "durable power of attorney for health care decisions." It must be in writing, dated and signed, and either signed before two adult witnesses (who cannot be the agent, a relative, an heir or beneficiary, or someone financially responsible for the principal's care) or acknowledged before a notary. The principal's treating health care provider and its employees generally cannot be the agent unless related. The statute provides a form.
Revocable living trustKansas has adopted the Uniform Trust Code as the Kansas Uniform Trust Code (effective January 1, 2003). For trusts created by instruments signed on or after January 1, 2003, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor may revoke or amend it. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left in the decedent's name may require probate, a small estate affidavit, or a determination of descent.
Ways to avoid probateNon-probate options in Kansas include: transfer-on-death deeds for real estate, signed, notarized and recorded with the register of deeds before death (K.S.A. 59-3501 to 59-3504); a transfer-on-death beneficiary named on a Kansas vehicle title, claimed with the Transfer on Death Affidavit (TR-82); payable-on-death and joint accounts; joint tenancy with right of survivorship; property in a funded revocable trust (K.S.A. 58a-602); the small estate affidavit for probate assets of $75,000 or less (K.S.A. 59-1507b); and determination of descent proceedings (K.S.A. 59-2250).

Executors and heirs

Executor's dutiesNotice to creditors is published with the notice of the probate or administration petition and mailed to known creditors; creditors must present claims within four months after the first published notice or be barred. Within 30 days after letters of appointment (unless the court allows more time), the personal representative files a verified inventory and valuation of the decedent's Kansas real estate and tangible personal property and all intangible property. After paying claims, the representative petitions for final settlement with an accounting, the names and addresses of heirs and beneficiaries, a description of real estate, and a statement about any Medicaid paid for the decedent or a predeceased spouse; the court then approves the account and enters a decree assigning the estate.
Letters testamentaryLetters are issued by the district court. A petition for probate of the will (generally within six months after death for the will to pass property) or for administration is filed in the county of the decedent's residence, listing heirs, beneficiaries and the general value of the estate. The named executor receives letters testamentary if competent and willing; otherwise letters of administration go to an administrator. A nonresident must first appoint a resident agent in the county for service. Bond of at least 125% of the personal property plus probable annual real estate income is required unless waived by the will or all heirs or beneficiaries, or the fiduciary is a Kansas bank or trust company. The court may also allow administration under the simplified estates act.
Affidavit / determination of heirshipKansas uses a court "determination of descent" rather than an affidavit of heirship. When a person has been dead more than six months and no will was filed within six months, no petition to probate a will was filed, and no administration determined descent, any interested person may petition the district court of the county of residence or where property is located to determine descent under intestacy law or a valid settlement agreement. The resulting decree is commonly used to transfer title to real estate.
Transferring a car after deathAt the county treasurer's motor vehicle office (Kansas Department of Revenue, Division of Vehicles). If the title names a transfer-on-death beneficiary, the beneficiary files the Transfer on Death Affidavit (TR-82) with proof the vehicle was last titled in Kansas, a copy of the death certificate, and, if a lien is shown, the lienholder's notarized consent (TR-128) or a lien release; at least one beneficiary must title the vehicle in their name before selling it. If there is no TOD beneficiary and a will has not been probated, an heir can use the Decedent's Affidavit (TR-83a) to title one vehicle; a surviving spouse claims it as exempt personal property. Otherwise, a small estate affidavit (estates of $75,000 or less) or letters from the probate court are used.

Official Kansas forms

Probate court and deed recording by county

Kansas estate law FAQ

What makes a will valid in Kansas?
Any person of sound mind who has reached the age of majority may make a will. A written will must be signed at the end by the will-maker (or by another person in their presence and at their express direction) and witnessed by two or more competent witnesses, who sign in the will-maker's presence after seeing the will-maker sign or hearing them acknowledge the will.
Is a handwritten will valid in Kansas?
No. Kansas has no separate rule for handwritten wills; a handwritten will must be signed and witnessed like any other will. A will made outside Kansas is valid if it follows Kansas law, the law of the place where it was signed, or the law of the will-maker's residence, as long as it is in writing and signed by the will-maker.
Does a will need to be notarized in Kansas?
Yes. When the will is signed or later (while the will-maker and witnesses are alive), the will-maker and witnesses can acknowledge the will and sign affidavits before a notary or other officer, using the certificate wording in the statute. This makes witness testimony unnecessary at probate.
Who inherits if someone dies without a will in Kansas?
If there is a surviving spouse and no children or descendants of a deceased child, the spouse inherits everything. If there are children or descendants, the spouse inherits one-half and the children share the other half equally (descendants of a deceased child take that child's share). With no spouse, the children (and descendants of deceased children) inherit everything. With no spouse or descendants, the parents inherit; if no parents, the property passes to the parents' heirs (such as siblings and their descendants). Property does not pass to relatives further than the sixth degree except by direct descent.
What is a surviving spouse entitled to in Kansas?
A surviving spouse of a Kansas resident may elect a percentage of the augmented estate (probate estate plus certain nonprobate transfers and the spouse's own property) that grows with the length of the marriage: 3% after one year up to 50% after 15 years or more. If the spouse's total is less than $100,000, a supplemental amount brings it up to $100,000. The election is made by filing a petition within six months after the death or six months after notice of the right to elect, whichever is later; the court can extend the time if asked within six months after death.
What is the small estate limit in Kansas?
If the total probate assets of a Kansas resident do not exceed $75,000, personal property (for example bank accounts and vehicles) can be transferred to a successor without opening probate, by giving the holder an affidavit showing entitlement. A successor is a person entitled to the property under the will or by intestate succession, or the person named as executor in the will. The affidavit is sufficient if it substantially follows the Kansas Judicial Council form; it is not filed with the court. It covers personal property only, not real estate. The statute does not set a waiting period.
Is there a simplified probate process in Kansas?
Kansas offers several simpler options: (1) Simplified estates act: when asked in the petition, the court decides whether the estate may be administered with less court supervision, considering the estate's size, family relationships, solvency, wishes of heirs and cost; an interested person can object and ask for supervised administration. (2) Informal administration act: the court can enter orders assigning all assets to the proper beneficiaries or heirs after debts are paid. (3) Determination of descent: if someone has been dead more than six months and no will was filed or probate or administration petition opened, an interested person can petition the court to determine who inherits the property (often used for real estate). There is no fixed dollar limit for these procedures in the statutes cited.
How does probate work in Kansas?
File a petition for probate of the will or for administration in district court (a will must generally be offered for probate within six months after death to pass property). The petition lists heirs, beneficiaries and the general value of the estate. Notice is published, including notice to creditors, and mailed to known creditors. The executor or administrator receives letters, files a verified inventory and valuation within 30 days after appointment, pays valid claims, and then petitions for final settlement. At the hearing the court approves the account and issues a decree assigning the estate; a decree that includes real estate is sent to the county for the transfer record.
How long do creditors have to file claims against an estate in Kansas?
Claims must be presented within four months after the first publication of the notice to creditors or, for known or reasonably ascertainable creditors, within 30 days after they receive actual notice, whichever is later. Creditors generally lose their claims against the decedent's property (other than existing liens) unless a probate or administration petition is filed within six months after the death. Tort claims covered by the usual statute of limitations are treated separately.
Who can be an executor in Kansas?
The executor named in the will receives letters if legally competent and willing to serve; otherwise an administrator is appointed. A nonresident can serve but must first appoint in writing an agent who lives in the county where the case is filed, for service of legal papers. Every fiduciary must post bond of at least 125% of the personal property plus probable annual income from real estate, unless the will waives bond, all heirs or beneficiaries waive it in writing, or the fiduciary is a Kansas bank or trust company; the court can still require bond.
Does Kansas allow transfer-on-death deeds?
Yes. An owner can sign a transfer-on-death (TOD) deed naming one or more beneficiaries. It must be signed, acknowledged before a notary and recorded with the register of deeds in the county where the property is located before the owner's death; the statute provides the form wording. The beneficiary does not need to be told or consent, and the deed can be revoked or changed by a later recorded instrument, but not by a will. On death, title vests in the beneficiary subject to existing mortgages, liens and any state Medicaid claim.
What does a quitclaim deed need to be valid in Kansas?
A deed must be signed by the grantor or the grantor's authorized agent. It is acknowledged before a notary under Kansas notary law and recorded with the register of deeds of the county where the property is located; the full name and mailing address of the person receiving the property must be given when recording. A real estate sales validation questionnaire must accompany most deeds for recording (it is not itself recorded).
What are the requirements for a power of attorney in Kansas?
Under the Kansas power of attorney act, a power of attorney is durable (continues after the principal becomes disabled) only if it is called a durable power of attorney or includes the durability language in the statute, and it is signed, dated and acknowledged before a notary. If the principal cannot physically sign, an adult designee may sign at the principal's direction in front of a notary. Recording is not required unless used for real estate matters; if it is recorded, a revocation must also be recorded.
What are the requirements for a health care directive in Kansas?
Durable power of attorney for health care decisions: must be dated and signed before two adult witnesses (who cannot be the agent, a relative, an heir or beneficiary, or someone financially responsible for the principal's care) or acknowledged before a notary. The treating provider and its employees generally cannot be the agent unless related. The statute provides a form. Living will (declaration under the natural death act): any adult may sign one, in writing and dated, before two qualified adult witnesses or a notary; it has no effect during a diagnosed pregnancy.
Does Kansas have an estate or inheritance tax?
No state estate or inheritance tax. Kansas's estate tax applied only to deaths from 2007 through 2009, and only to estates that filed a return before January 1, 2020; earlier inheritance tax laws have been repealed.
How do I make a living will in Kansas?
Under the Kansas Natural Death Act, any adult may sign a declaration (living will) directing that life-sustaining procedures be withheld or withdrawn in a terminal condition. It must be in writing, signed by the person (or by another in their presence at their direction), dated, and either signed in front of two witnesses age 18 or older or acknowledged before a notary. A witness cannot be the person who signed for the declarant, a relative by blood or marriage, an heir or will beneficiary, or someone directly financially responsible for the declarant's medical care. It has no effect during a diagnosed pregnancy. The declarant must notify the attending physician. The statute provides the form wording.
How do I make a medical power of attorney in Kansas?
Kansas uses a "durable power of attorney for health care decisions." It must be in writing, dated and signed, and either signed before two adult witnesses (who cannot be the agent, a relative, an heir or beneficiary, or someone financially responsible for the principal's care) or acknowledged before a notary. The principal's treating health care provider and its employees generally cannot be the agent unless related. The statute provides a form.
How do living trusts work in Kansas?
Kansas has adopted the Uniform Trust Code as the Kansas Uniform Trust Code (effective January 1, 2003). For trusts created by instruments signed on or after January 1, 2003, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor may revoke or amend it. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left in the decedent's name may require probate, a small estate affidavit, or a determination of descent.
What does an executor have to do in Kansas?
Notice to creditors is published with the notice of the probate or administration petition and mailed to known creditors; creditors must present claims within four months after the first published notice or be barred. Within 30 days after letters of appointment (unless the court allows more time), the personal representative files a verified inventory and valuation of the decedent's Kansas real estate and tangible personal property and all intangible property. After paying claims, the representative petitions for final settlement with an accounting, the names and addresses of heirs and beneficiaries, a description of real estate, and a statement about any Medicaid paid for the decedent or a predeceased spouse; the court then approves the account and enters a decree assigning the estate.
How do I get letters testamentary in Kansas?
Letters are issued by the district court. A petition for probate of the will (generally within six months after death for the will to pass property) or for administration is filed in the county of the decedent's residence, listing heirs, beneficiaries and the general value of the estate. The named executor receives letters testamentary if competent and willing; otherwise letters of administration go to an administrator. A nonresident must first appoint a resident agent in the county for service. Bond of at least 125% of the personal property plus probable annual real estate income is required unless waived by the will or all heirs or beneficiaries, or the fiduciary is a Kansas bank or trust company. The court may also allow administration under the simplified estates act.
Does Kansas have an affidavit of heirship?
Kansas uses a court "determination of descent" rather than an affidavit of heirship. When a person has been dead more than six months and no will was filed within six months, no petition to probate a will was filed, and no administration determined descent, any interested person may petition the district court of the county of residence or where property is located to determine descent under intestacy law or a valid settlement agreement. The resulting decree is commonly used to transfer title to real estate.
How can you avoid probate in Kansas?
Non-probate options in Kansas include: transfer-on-death deeds for real estate, signed, notarized and recorded with the register of deeds before death (K.S.A. 59-3501 to 59-3504); a transfer-on-death beneficiary named on a Kansas vehicle title, claimed with the Transfer on Death Affidavit (TR-82); payable-on-death and joint accounts; joint tenancy with right of survivorship; property in a funded revocable trust (K.S.A. 58a-602); the small estate affidavit for probate assets of $75,000 or less (K.S.A. 59-1507b); and determination of descent proceedings (K.S.A. 59-2250).
Where can I get a power of attorney form in Kansas?
Kansas law sets out a statutory form titled "Durable Power of Attorney for Health Care Decisions" (K.S.A. 58-632); it is signed and dated by the principal and either witnessed by two adults or acknowledged before a notary public. Witnesses cannot be the agent, a relative of the principal by blood, marriage or adoption, someone entitled to part of the principal's estate, or someone financially responsible for the principal's health care. A financial power of attorney under the Kansas power of attorney act must be signed by the principal and dated and acknowledged under the Revised Uniform Law on Notarial Acts (a physically unable but competent principal may have an adult designee sign in the principal's presence before a notary); powers of attorney executed on or after July 1, 2021 are sufficient if they substantially comply with the form set out by the Kansas Judicial Council (K.S.A. 58-652).
How do I transfer a car title after someone dies in Kansas?
At the county treasurer's motor vehicle office (Kansas Department of Revenue, Division of Vehicles). If the title names a transfer-on-death beneficiary, the beneficiary files the Transfer on Death Affidavit (TR-82) with proof the vehicle was last titled in Kansas, a copy of the death certificate, and, if a lien is shown, the lienholder's notarized consent (TR-128) or a lien release; at least one beneficiary must title the vehicle in their name before selling it. If there is no TOD beneficiary and a will has not been probated, an heir can use the Decedent's Affidavit (TR-83a) to title one vehicle; a surviving spouse claims it as exempt personal property. Otherwise, a small estate affidavit (estates of $75,000 or less) or letters from the probate court are used.

Estate law in other states

More Kansas law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.