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Kansas Last Will and Testament

Kansas Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

 Read

Think about all the trouble your family would have to endure if you didn't leave a Kansas last will and testament. There wouldn't be any information you could rely on about the estate distribution. If you have complicated family relations, others may try to come forward and take up a share. It could all be pretty complicated for you and can lead to many long court hours for your family. You shouldn't ignore this task and make a legal online last will now. It would make their lives much easier, and they would have the financial means to move forward. Follow the rules for the state to make your Kansas last will and testament.

If you live in Kansas, here is what you should follow.

Requirements for a Kansas Last Will and Testament 

  • Written will: A Kansas last will and testament must be on paper to be legal. Kansas doesn't allow audio, video, digital, or electronic wills. Kansas accepts self-written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Kansas last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Kansas last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will.

Kansas rules for an oral will

Kansas State allows oral wills if these conditions are fulfilled:

  1. The testator should be on their deathbed or in imminent peril.
  2. You must state and communicate your last will to a witness. 
  3. The witness should put the oral will on paper within 30 days, along with two disinterested witnesses.

Who can be your witnesses for a Kansas Last Will and Testament? 

Your witnesses for a Kansas last will must follow these conditions:

  • A Kansas witness can be anyone who is generally competent for the job.
  • They should be able to testify about what they saw and the will-making process.
  • You can select beneficiaries as your witnesses in Kansas, but they could lose their estate portion or gift.

Kansas rules for a personal representative or an executor 

Choosing an executor for your Kansas last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. The executor must be an adult.
  2. Capable of performing the job, i.e., of a sound mind.
  3. Kansas doesn't restrict people convicted of a felony from being executors.
  4. Kansas allows you to choose someone out of state as your executor if they appoint a county resident as their agent.

Last will and Testament Notarization in Kansas 

There's no need to notarize your Kansas last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Kansas Last Will Revocation 

You could follow any of the following methods to revoke your Kansas last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Making a new legal will that revokes any part or the entire previous will.
  • Asking someone else to destroy your Kansas last will.
  • Making a document stating the revocation of the last will. 
  • If you marry and have a child after creating a will, your previous will would be revoked. 

Kansas Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Kansas last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Kansas rules for divorce after making your last will

  • Kansas law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 

What happens if you don't have a will in Kansas?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has a spouse and children 

Spouse inherits one-half of the estate 


Children inherit the balance 

Has siblings, no parents, no spouse, 

Siblings inherit everything 

Has parents, no spouse, no descendants 

Parents inherit everything 

Last Will and Testament Kansas Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Kansas free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Kansas last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Kansas last will and testament. 

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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Frequently Asked Questions

Can I write down my wishes and consider them a legal will?

Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.

Can my last will and testament be oral?

Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

Can I leave my spouse or family out of my will?

You can leave all your assets to anyone you want. It can be a stranger or an organization. However, you should consult an expert before finalizing the will to avoid any issues.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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