Will Testament Form

Note: This information below is not intended to be an all-inclusive discussion of the law of wills for Kansas, but does include basic and other provisions. The information below does not include a discussion of handwritten wills.

Who may make will: Any person of sound mind, and possessing the rights of majority, may dispose of any or all of his or her property by will. 59-601. Majority means a person 18 years of age or older, or a person sixteen (16) years of age or over who is or has been married. 38-101.

Execution: A will shall be in writing and signed by the party making same at the end. HOUSE BILL No. 2154 of 1999. Sec. 59-608.

Witnesses: A will shall be attested and subscribed in the presence of the party making the will by two or more competent witnesses, who saw the testator subscribe or heard the testator acknowledge the will. HOUSE BILL No. 2154 of 1999. Sec. 59-608.

Self-Proved: A will may be made self-proved by use of an approved self proving affidavit form. The form you have located contains this self proving affidavit. HOUSE BILL No. 2154 of 1999. Sec. 59-608.

Will executed without state: A will executed in a state other than Kansas, 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, and shall have the same force and effect as if executed in compliance with the provisions of the laws of Kansas, provided, said will is in writing and subscribed by the testator. 59-609.

Revocation by marriage, birth or adoption; divorce: If after making a will the testator marries and has a child, by birth or adoption, the will is thereby revoked. 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. 59-610.

Revocation: A will may be 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. A will may be revoked by the making of another will or by other 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. 59-611.

Limitations on probate of written will: No will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within six months after the death of the testator. 59-617