How to Make a Valid Will in Kansas
What Kansas law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: 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… K.S.A. 59-601, 59-606
| Requirements for a valid will | 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. Source: K.S.A. 59-601, 59-606 |
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| 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. Source: K.S.A. 59-606, 59-609 |
| Self-proving affidavit | 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. Source: K.S.A. 59-606 |
More Kansas estate law
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- Quitclaim Deeds and Transferring Property in Kansas
- Who Inherits If You Die Without a Will in Kansas
- How Probate Works in Kansas
- Living Wills and Advance Directives in Kansas
- Revocable Living Trusts in Kansas
- Executor Duties in Kansas
- Letters Testamentary in Kansas
- Affidavit of Heirship in Kansas
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- All Kansas wills, probate and estate rules
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.
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.