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If the will is in your local probate court's public records, you can request a copy directly from there. Fees may apply when obtaining a will copy online or in-person from a probate court.
Wills that are holographic or written by hand are invalid in Kansas. Nuncupative Wills, on the other hand, are permitted if they are made during your last illness, someone saw it, and your remarks were written down and witnessed by two persons.
If there are assets to be distributed under the will, the family must file the will for probate with the Court. This involves hiring an attorney to provide the proper paperwork and instruction in the process.
A common reason that Wills get challenged in legal courts is based on an accusation that the testator capacity was insufficient. The ?testator? is a term describing the individual creating and signing the will. There must be reasonable belief that the testator has mental competency.
The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.
You must file a will with the Kansas probate court within six months after the person's death. If you fail to meet this deadline, the will becomes invalid.
The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...