Kansas Will and Trust Laws: Two Witnesses, No Holographic Wills (2026)

A Kansas will must be in writing, signed at the end by the person making it (or by someone else in that person's presence and at his or her express direction), and attested and subscribed in the testator's presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the will (K.S.A. 59-606). Any person "of sound mind, and possessing the rights of majority" may make one (K.S.A. 59-601), and no notary is needed for validity; a notary or other officer comes in only for the optional self-proving affidavit. Revocable living trusts are governed by the Kansas Uniform Trust Code, K.S.A. 58a-101 and following, in force since January 1, 2003.

Kansas is a strict-formality state among the wills and trusts laws by state: article 6 of chapter 59 has no holographic-will section, no electronic-will section and no rule that rescues a will signed without the required witnesses. The trust side is lighter. The trust code sets no witness or notary rule for creating a living trust, though a trust concerning land needs a signed writing.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kansas statutes on making, signing, changing and revoking wills (K.S.A. chapter 59, article 6, with related sections in articles 1, 5, 6a and 31) and on revocable living trusts under the Kansas Uniform Trust Code (K.S.A. chapter 58a). It does not cover what happens when someone dies without a will or how estate administration works (see Kansas probate), small-estate procedures (see the Kansas small estate affidavit page), powers of attorney (see Kansas power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Kansas advance directive tool.

What makes a will valid in Kansas?

Two sections set the rules. Section 59-601 sets capacity:

"Any person of sound mind, and possessing the rights of majority, may dispose of any or all of his or her property by will, subject to the provisions of this act." (K.S.A. 59-601)

Section 59-606 sets the form:

"Every will, except an oral will as provided in K.S.A. 59-608 and amendments thereto, shall be in writing, and signed at the end by the party making the will, or by some other person in the presence and by the express direction of the testator. Such will shall be attested and subscribed in the presence of such party by two or more competent witnesses, who saw the testator subscribe or heard the testator acknowledge the will." (K.S.A. 59-606)

Broken into parts, a written Kansas will needs:

• A writing. The only exception is the oral will in section 59-608, discussed below.
• A signature at the end. The testator signs, or another person signs in the testator's presence and by the testator's express direction.
• Two or more competent witnesses. They attest and subscribe in the testator's presence.
• What the witnesses observed. Each witness either saw the testator subscribe or heard the testator acknowledge the will.

The operative sentence contains no notary requirement. A witness who was competent when he or she attested does not become a problem later: under section 59-607, "subsequent incompetency shall not prevent the admission of such will to probate."

Witnesses who receive a gift under the will

Kansas does not bar a beneficiary from witnessing, but it can cost the witness the gift. Section 59-604 provides that "A beneficial devise or bequest made in a will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses who are not beneficiaries thereunder." The same section lets a witness who would have inherited without a will keep the smaller of that intestate share and the void gift: "so much of such share as will not exceed the value of the devise or bequest shall pass to the witness from the part of the estate included in the void devise or bequest."

Gifts to the person who drafted the will

A separate rule covers the drafter. Under section 59-605, a provision in a will written or prepared for another person that gives a devise or bequest to the writer or preparer, or to the preparer's parent, children, issue, sibling or spouse, "is invalid unless":

• the preparer is related to the testator by blood, marriage or adoption and the gift is not more than the preparer or those relatives would receive under the laws of intestate succession, or
• "it affirmatively appears that the testator had read or knew the contents of the will and had independent legal advice with reference thereto."

Wills signed in another state

Section 59-609 honors wills executed outside Kansas. A will executed "in the manner prescribed by this act, or by the law of the place of its execution, or by the law of the testator's residence either at the time of its execution or of the testator's death, shall be deemed to be legally executed." The section closes with a condition that applies in every case: "Provided, Said will is in writing and subscribed by the testator."

Does a Kansas will need to be notarized? The self-proving affidavit

No. Notarization is not part of the validity rule. It comes in through the optional self-proving procedure in the same section 59-606:

• When. A will may be made self-proved "at the time of its execution or at any subsequent date during the lifetimes of the testator and the witnesses."
• Who signs, before whom. The testator acknowledges the will and the testator and attesting witnesses give affidavits "before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths," evidenced by that officer's certificate with official seal attached or annexed to the will. Section 59-606 sets out the form of the certificate; this page does not reproduce it.
• Signed at execution. "If an affidavit substantially in conformance with the affidavit described in this section is executed at the time of the execution of the will, no other signatures of the witnesses or any other attestation clause is required."
• What it does. "A self-proved will, unless contested, shall be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently than a will not self-proved."

A codicil, and a spouse's consent to take under the will, may be self-proved the same way.

The alternative is proof by the witnesses. Under section 59-2224, unless a will is "an uncontested, self-proved will," the testimony of at least two subscribing witnesses "shall be taken in person, by affidavit or by deposition." The court may waive that testimony "upon a proper showing that such witnesses are unavailable or cannot be located," and may then take other evidence of capacity and due execution, including proof of handwriting. The probate process itself is covered on the Kansas probate page.

Are handwritten (holographic) wills valid in Kansas?

Not as a will signed in Kansas without witnesses. Section 59-606 requires every will other than an oral will under 59-608 to be attested and subscribed by two or more competent witnesses, and article 6 of chapter 59 contains no separate section for a will written in the testator's own hand. A handwritten will that two competent witnesses attest and subscribe meets the same rule as a typed one.

The out-of-state route in section 59-609 is the one way a handwritten, unwitnessed will can be treated as legally executed in Kansas: the will must have been valid under the law of the place where it was signed, or of the testator's residence when it was signed or at death, and it must be "in writing and subscribed by the testator."

Are oral (nuncupative) wills valid in Kansas?

Only in a narrow case, and only for personal property. Section 59-608 provides:

"An oral will made in the last sickness shall be valid in respect to personal property, if reduced to writing and subscribed by two competent, disinterested witnesses within thirty days after the speaking of the testamentary words, when the testator called upon some person present at the time the testamentary words were spoken to bear testimony to said disposition as his or her will." (K.S.A. 59-608)

Every condition in that sentence has to be met. An oral will cannot pass real estate. A time limit also applies: under section 59-619, no oral will of a Kansas resident "shall be admitted to probate unless an application is made therefor within six months after the death of the testator," except as provided in K.S.A. 59-2229 and 59-2230.

Electronic wills and remote witnessing

Kansas law has no electronic-will statute. Article 6 of chapter 59 contains no section on electronic wills, electronic signatures on wills or witnessing by video, and section 59-606 requires attestation "in the presence of" the testator. The general electronic-signature law does not fill the gap: the Kansas Uniform Electronic Transactions Act "does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils or testamentary trusts" (K.S.A. 16-1603(b)(1)).

Since January 1, 2022, K.S.A. 53-5a15 lets a notary public located in Kansas perform a notarial act, such as taking an acknowledgment or administering an oath, for a remotely located individual by audio-video communication technology, with identity proofing and an audio-visual recording kept for at least 10 years. That section governs the notary's act. The attesting witnesses to a will are a separate requirement: section 59-606 still has them attest and subscribe in the testator's presence.

Expired COVID-19 orders. During the COVID-19 disaster emergency, Executive Order 20-20 (April 9, 2020), extended by later orders and reissued as Executive Order 21-10 (April 1, 2021), temporarily allowed "any act of witnessing required by Kansas law" to be completed remotely by two-way audio-video communication technology. Under EO 21-10 the signer and the witness each had to attest to being physically located in Kansas, each page had to be shown to the witness and initialed by the signer on camera, the signer had to send a copy of the signed document to the witness no later than the next day, and the witness had to sign that copy and send it back within 24 hours of receipt. The order also let wills and trusts be signed in counterparts. Executive Order 21-23 rescinded EO 21-10 effective July 15, 2021, so those procedures do not apply to a will signed today.

Is there a harmless-error rule?

No. Article 6 contains no section that lets a court treat a will as valid despite a defect in signing or witnessing. A document that does not meet section 59-606 (or, for a will signed elsewhere, section 59-609) is not a valid Kansas will, unless it is an oral will that meets section 59-608.

Changing or revoking a Kansas will

Ways to revoke or change a will

Section 59-611 lists the methods. Apart from the automatic rules in 59-610, a written will may be revoked or altered only:

1. by another will in writing;
2. by another writing of the testator "declaring such revocation or alteration and executed with the same formalities with which the will itself was required by law to be executed"; or
3. if the will is "burnt, torn, canceled, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself or herself or by another person in the testator's presence by his or her direction."

Reviving an earlier will

Revoking a second will does not bring back the first. Under section 59-612, the first will is not revived "unless it appears by the terms of such revocation that it was the testator's intention to revive the first will, or unless after such revocation the testator shall duly republish his or her first will in the presence of two or more competent witnesses who shall subscribe the same in the presence of the testator."

Marriage and a new child

Section 59-610 revokes a will automatically in one situation: "If after making a will the testator marries and has a child, by birth or adoption, the will is thereby revoked." Both events are required. Marriage alone does not revoke a Kansas will, and the section does not say that a child alone does.

Divorce: the will, trusts and beneficiary designations

Divorce reaches a Kansas will through section 59-610: "If after making a will the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked." The rest of the will stands.

A broader rule sits outside the wills article. Section 59-105, enacted in 2019, applies to a "governing instrument," which it defines as "a document executed by the divorced individual before the divorce or annulment." That definition is not limited to wills, so it reaches documents such as a revocable trust or a beneficiary designation. Its operative text reads:

"On and after July 1, 2019, except as provided by the express terms of a governing instrument, a court order or contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce or annulment, the divorce or annulment of a marriage: (1) Revokes any revocable: (A) Disposition or appointment of property made by a divorced individual to such individual's former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse" (K.S.A. 59-105(b))

The same subsection also revokes powers of appointment conferred on the former spouse or the former spouse's relatives, revokes nominations of them to serve "in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian," and turns joint tenancies with right of survivorship between the former spouses into "equal tenancies in common." Three limits matter:

• Exceptions. The rule yields to the express terms of the instrument, a court order, or a contract between the spouses about dividing the marital estate.
• Only revocable provisions. The section revokes "revocable" dispositions, appointments and nominations.
• Separation is not divorce. "A decree of separation that does not terminate the parties' marital status is not a divorce for purposes of this section" (59-105(a)(2)).

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub for the federal layer).

Gifts to a beneficiary who dies first

If a devise is made "to a spouse or to any relative by lineal descent or within the sixth degree, whether by blood or adoption," and that person dies before the testator leaving issue who survive the testator, the issue "shall take the same estate which said devisee or legatee would have taken if he or she had survived, unless a different disposition is made or required by the will" (K.S.A. 59-615(a)).

A list for tangible personal property

Under section 59-623, a will may refer to a separate written statement or list disposing of tangible personal property not otherwise specifically disposed of by the will, "other than money, evidences of debt, documents of title, securities, and properties used in trade or business." The writing "either must be in the handwriting of the testator or be signed by the testator, and must describe the items with reasonable certainty." It may be prepared before or after the will and may be altered later.

Limits on what a Kansas will can do

Spouse's elective share. A surviving spouse of a Kansas resident can elect against the will. Under K.S.A. 59-6a202(a), the elective-share percentage of the augmented estate depends on the length of the marriage: under one year, the supplemental amount only; 3% at one year but less than two; rising in steps to 50% at 15 years or more. All periods of marriage to each other are added together. Under 59-6a202(b), if the amounts the spouse receives under the listed sections total less than $100,000, the spouse is entitled to a supplemental amount equal to $100,000 minus that sum. The homestead allowance and any family allowance are in addition (59-6a202(c)).

Deadline. The petition must be filed "within six months after the date of the decedent's death, or within six months after the notice of the right to the elective share pursuant to K.S.A. 59-2233," whichever expires later, and nonprobate transfers drop out of the calculation if the petition is filed more than six months after death, except as provided in subsection (b) (K.S.A. 59-6a211(a)).

Waiver. The right of election and homestead rights can be waived, before or after marriage, "by a written contract, agreement, consent to any instrument, or waiver signed by the surviving spouse" (59-6a213(a)). The waiver is not enforceable if the spouse proves it was not signed voluntarily, or that it was unconscionable when signed and the disclosure conditions in 59-6a213(b)(2) were not met.

Homestead. Under K.S.A. 59-6a215, "A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $75,000," which "is in addition to any share passing to the surviving spouse by way of elective share." The Kansas homestead exemption page covers homestead protection more broadly.

Children. Kansas has no omitted-child (pretermitted heir) statute. The only after-the-will rule for a new child is section 59-610, which revokes the will when the testator both marries and has a child after making it.

Slayer rule. Under K.S.A. 59-513(a), "No person convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will, by intestate succession, as a surviving joint tenant, as the designated beneficiary of real or personal property, as a beneficiary under a trust or otherwise from such other person."

No-contest clauses. Neither the wills article (59-601 to 59-624) nor the Kansas Uniform Trust Code contains a section on clauses that penalize a beneficiary for contesting a will or trust. The Kansas Supreme Court has held that no-contest clauses in wills "are valid and enforceable against a beneficiary who attacks the validity of the will, or provisions therein, unless the beneficiary had probable cause to challenge the will or its provisions," and that a no-contest clause in a trust "is construed according to the same rules applied to wills" (Hamel v. Hamel, No. 102,744, Kansas Supreme Court, opinion filed April 5, 2013). Probable cause means "the existence, at the time of the initiation of the proceeding, of evidence which would lead a reasonable person, properly informed and advised, to conclude there is a substantial likelihood that the contest or attack will be successful."

After death: the will has to be probated

A Kansas will does nothing until it is probated. Section 59-616 states: "No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate." Under section 59-617, a will of a Kansas resident does not pass property "unless a petition is filed for the probate of such will within six months after the death of the testator, except as hereinafter provided." Section 59-618a lets a person holding a will file it, or a copy, with the district court with an affidavit; a will filed that way within six months after death "may be admitted to probate after such six-month period."

Holding back a will carries consequences. Under section 59-621, the custodian must deliver the will to the court after the testator's death, and a person who willfully refuses after being ordered to do so is "guilty of contempt of court." Under section 59-618, a person who knowingly withholds a will for more than six months after death is liable for attorney fees, costs and damages to beneficiaries who lacked possession or knowledge of it. Probate procedure, deadlines and what happens without a will are covered on the Kansas probate page.

Revocable living trusts in Kansas

The trust code

Kansas enacted the Uniform Trust Code as chapter 58a (L. 2002, ch. 133, effective January 1, 2003). Under K.S.A. 58a-103(13), "Revocable," as applied to a trust, "means revocable by the settlor without the consent of the trustee or a person holding an adverse interest." Under 58a-1106(a), the code applies "to all trusts created before, on, or after its effective date," except as otherwise provided in the act.

Creating a trust

Section 58a-401 lists three ways to create a trust: a transfer of property to a trustee during life or by will, a declaration by the owner that he or she holds property as trustee ("so long as such property would not otherwise pass at the owner's death by a beneficiary designation to a party other than the trust"), or the exercise of a power of appointment in favor of a trustee.

Section 58a-402(a) sets five requirements: "(1) The settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust;" (3) the trust has a definite beneficiary or is a charitable, animal or noncharitable-purpose trust; "(4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary."

Signing formalities

The trust code itself sets no witness or notary requirement for a living trust. Section 58a-407 provides that, except as required by K.S.A. 59-606 for testamentary trusts or by K.S.A. 33-105, 33-106 and 58-2401, "a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Two of those exceptions matter most for a living trust:

• Land. Under K.S.A. 58-2401, "No trust concerning lands except such as may arise by implication of law shall be created, unless in writing signed by the party creating the same, or by his or her attorney thereto lawfully authorized in writing."
• Trusts created by will. A testamentary trust is part of a will and follows the signing and witnessing rules of section 59-606.

Capacity

Under section 58a-601, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, and how to revoke or amend

Section 58a-602(a) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2003."

Section 58a-602(c) sets the methods. The settlor may revoke or amend "(1) By substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent."

So a later will can revoke or amend a Kansas living trust, but only when the trust does not make its own method exclusive and the will expressly refers to the trust or specifically devises the trust property. Other parts of the section:

• Several settlors. To the extent a trust holds community property, either spouse acting alone may revoke it, but amendment needs both; for other property, each settlor may revoke or amend as to his or her own contribution (58a-602(b)).
• Agents and conservators. An attorney in fact may exercise the settlor's revocation or amendment powers "only to the extent expressly authorized by the power of attorney" (58a-602(e)); a conservator needs the approval of the supervising court (58a-602(f)). Powers of attorney are covered on the Kansas power of attorney laws page.
• Trustee protection. A trustee who does not know a trust was revoked or amended is not liable for acting on the assumption that it was not (58a-602(g)).

While a trust is revocable, "the duties of the trustee are owed exclusively to the settlor," and the trustee "may follow a direction of the settlor that is contrary to the terms of the trust" (58a-603(a)).

Creditors

Under K.S.A. 58a-505(a)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors."

Certification of trust

A trustee does not have to hand the whole trust instrument to a bank or title company. Under section 58a-1013(a), "Instead of furnishing a copy of the trust instrument to a person other than a qualified beneficiary, the trustee may furnish to the person an acknowledged certification of trust" stating that the trust exists and the date of the instrument, the settlor, the acting trustee, the trustee's powers, whether the trust is revocable and who holds the power to revoke, cotrustee signing authority, and the manner of taking title. It must state that the trust has not been revoked, modified or amended in a way that makes those statements incorrect, and it need not contain the trust's dispositive terms.

After the settlor dies: notice and the contest deadline

"Except as otherwise provided under the terms of the trust," within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of relevant portions of the trust instrument and the right to a trustee's report (K.S.A. 58a-813(b)(3)). The section does not apply to qualified beneficiaries other than a surviving spouse while the spouse is a qualified beneficiary (or holds a power of appointment over the entire trust estate) and all other qualified beneficiaries are the spouse's issue (58a-813(d)). Under the 2026 act described in Recent changes, a trust's governing instrument may also restrict or eliminate a beneficiary's right to be informed of his or her interest for a period of time (L. 2026, ch. 98, sec. 11).

The contest deadline is in section 58a-604(a):

"A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) One year after the settlor's death; or (2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (K.S.A. 58a-604(a))

After the settlor dies, the trustee may distribute under the trust's terms without liability unless the trustee knows of a pending contest, or a potential contestant notified the trustee and a proceeding is commenced "within 60 days after the contestant sent the notification" (58a-604(b)). A beneficiary of a trust later held invalid "is liable to return any distribution received" (58a-604(c)).

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Kansas allows it under K.S.A. 59-3101, subject to K.S.A. 59-1701, if the trust "is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator." The section adds:

"The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator." (K.S.A. 59-3101)

Unless the will provides otherwise, the property becomes part of the trust rather than a separate testamentary trust. One limit: "A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse."

Kansas wills and trusts at a glance

Recent changes

• 2026: Kansas community property trust act (HB 2590, L. 2026, ch. 98). The act authorizes community property trusts for married settlors, allows trustees to reimburse settlors of grantor trusts, authorizes designated representatives, and amends K.S.A. 58a-505, 58a-813 and 58a-816. By its own terms it takes effect on publication in the statute book, and the Revisor of Statutes lists the amended sections as effective July 1, 2026. It does not amend the will-execution, revocation or elective-share sections described above. The act leaves the quoted 58a-505(a)(1) creditor rule and the 60-day notice duty in 58a-813(b)(3) worded as before, but lets a trust's governing instrument restrict or eliminate a beneficiary's right to be informed for a period of time (new section 11 and amended 58a-813(a)).
• 2023 (L. 2023, ch. 77). Amended the elective-share section (59-6a202), the homestead allowance section (59-6a215) and the will-filing affidavit, which for filings on or after July 1, 2023 must state whether the original will or a copy is being filed (59-618a(b)(2)).
• 2020-2021 (expired). Executive Order 20-20 (April 9, 2020), later reissued as Executive Order 21-10 (April 1, 2021), temporarily allowed witnessing by two-way audio-video communication during the COVID-19 disaster emergency; Executive Order 21-23 rescinded EO 21-10 effective July 15, 2021.
• 2019 (L. 2019, ch. 44). Enacted K.S.A. 59-105, the divorce rule for governing instruments described above.

Making a will in practice

The site's free Kansas will-maker tool can help draft a basic will. Whatever produces the document, it has to be signed at the end and attested and subscribed by two competent witnesses under K.S.A. 59-606, and a self-proving affidavit before an authorized officer is optional. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Kansas. The tool is not legal advice.

Members of the armed forces have one federal option: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub).

Related pages

• Wills and trusts laws by state
• Kansas probate
• Kansas small estate affidavit
• Kansas power of attorney laws
• Kansas homestead exemption

This article provides general legal information about Kansas law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Kansas or the district court in the county where the estate will be handled.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Kansas?

Two or more competent witnesses, who must attest and subscribe the will in the testator's presence after seeing the testator sign or hearing the testator acknowledge it (K.S.A. 59-606). The only exception is a narrow oral will under 59-608.

Does a will have to be notarized in Kansas?

No. Section 59-606 does not require a notary for validity. A notary or other officer authorized to take acknowledgments and administer oaths is used only for the optional self-proving acknowledgment and affidavits, which let an uncontested will be admitted to probate without witness testimony.

Is a handwritten will valid in Kansas?

A handwritten will signed in Kansas needs two witnesses like any other will; article 6 has no holographic-will section (59-606). A will made outside Kansas may be treated as legally executed if it was valid where made or where the testator lived and it is in writing and subscribed by the testator (59-609).

Are oral wills valid in Kansas?

Only for personal property, when made in the last sickness, with the testator asking someone present to bear witness, and when reduced to writing and subscribed by two competent, disinterested witnesses within 30 days (K.S.A. 59-608). An application to probate it must be made within six months after death, with limited exceptions (59-619).

Can I sign a will electronically in Kansas?

Kansas has no electronic-will statute, and the Kansas Uniform Electronic Transactions Act does not apply to laws governing the creation and execution of wills (K.S.A. 16-1603(b)(1)). Section 59-606 requires witnesses to attest and subscribe in the testator's presence. Executive orders that allowed video witnessing during the COVID-19 emergency ended July 15, 2021; see the electronic wills section.

Does divorce revoke a will in Kansas?

Divorce revokes all provisions of the will in favor of the former spouse, not the whole will (K.S.A. 59-610). A separate statute, 59-105, reaches other documents such as trusts and beneficiary designations, with exceptions and a federal limit for ERISA plans; see the divorce section above.

Does getting married revoke a will in Kansas?

Marriage alone does not. Under K.S.A. 59-610, a will is revoked if, after making it, the testator marries and has a child by birth or adoption.

How do I revoke a will in Kansas?

Under K.S.A. 59-611, by a later written will, by another writing declaring the revocation executed with the same formalities as a will, or by burning, tearing, canceling, obliterating or destroying it with intent to revoke, done by the testator or by another person in the testator's presence and at the testator's direction.

Is a living trust revocable in Kansas?

Yes by default for a trust created under an instrument executed on or after January 1, 2003: under K.S.A. 58a-602(a), the settlor may revoke or amend it unless its terms expressly say it is irrevocable. The rule does not apply to instruments executed before that date.

How long do you have to contest a revocable trust in Kansas?

Under K.S.A. 58a-604(a), within the earlier of one year after the settlor's death or four months after the trustee sent the person a copy of the trust instrument and the statutory notice.

Can a spouse be left out of a will in Kansas?

A surviving spouse of a Kansas resident can elect a share of the augmented estate set by the length of the marriage: the supplemental amount only under one year, then 3% rising to 50% at 15 years or more, plus a supplemental amount that tops certain amounts up to $100,000 (K.S.A. 59-6a202). The petition is due within six months after death or six months after the 59-2233 notice, whichever is later (59-6a211).