✓ Verified June 2026
This guide covers Kansas estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Kansas law, verified as of June 2026.
In This Kansas Guide:
Kansas Will Requirements at a Glance
Here are the exact rules for making a valid will in Kansas:
| Minimum age to make a will | 18 (K.S.A. 59-601 requires the testator possess “the rights of majority,” which is age 18 under K.S.A. 38-101, and be of sound mind) |
| Witnesses required | 2 (K.S.A. 59-606 requires the will be attested and subscribed in the presence of two or more competent witnesses who saw the testator sign or heard the testator acknowledge the will) |
| Notarization required | NO — notarization is not required for a Kansas will to be valid. However, a notary is required if you want to add a self-proving affidavit under K.S.A. 59-606, which allows the will to be admitted to probate without live witness testimony |
| Handwritten (holographic) will allowed | NO — Kansas does not recognize holographic (handwritten, unwitnessed) wills. Every will except an oral will must be in writing, signed at the end by the testator, and attested by at least two competent witnesses under K.S.A. 59-606 |
| Self-proving affidavit available | YES — under K.S.A. 59-606, a will may be made self-proving at the time of execution or at any later date during the lifetimes of the testator and the witnesses. The testator and the attesting witnesses sign acknowledgments and sworn affidavits before an officer authorized to take acknowledgments and administer oaths (typically a notary public). A self-proved will, unless contested, may be admitted to probate without the testimony of any subscribing witness |
| Statutory will form | NO — Kansas does not provide an official statutory fill-in-the-blank will form. The Kansas Judicial Council publishes probate forms for court filings but not a statutory will template. Private templates are available from third-party providers, but they are not state-authorized forms |
What a Kansas Will Does (and Doesn’t Do)
In Kansas, a valid will may name a personal representative (executor) to manage the estate, name a guardian for minor children, direct how probate assets are distributed, make specific bequests of personal property or devises of real property, create a testamentary trust, and specify funeral or burial wishes
What a Kansas will does NOT control: A Kansas will does not control assets that pass outside probate — these include life insurance proceeds or retirement accounts with named beneficiaries, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, and assets already placed in a living trust. A will also cannot override a surviving spouse’s elective share rights under Kansas law
Oral wills in Kansas: YES with narrow conditions — under K.S.A. 59-608, a nuncupative (oral) will is valid only for personal property (not real estate), only if made during the testator’s last sickness, the testator called upon someone present to bear witness, and the oral statements are reduced to writing and subscribed by two competent disinterested witnesses within 30 days after the testamentary words were spoken
How to Update or Revoke a Kansas Will
A Kansas will may be amended by executing a codicil, which must meet the same formalities as the original will (in writing, signed by the testator, attested by two competent witnesses) under K.S.A. 59-606. A will may be revoked under K.S.A.
59-611 by executing a new will or other written declaration with the same formalities, or by physically burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, either by the testator or by another person in the testator’s presence and at the testator’s direction. Under K.S.A.
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59-610, a will is automatically revoked if the testator later marries and has a child (by birth or adoption), and provisions in favor of a former spouse are revoked upon divorce
Other Kansas will-making rules: Under K.S.A. 59-604, if a subscribing witness is also a beneficiary under the will, that witness’s beneficial devise or bequest is void — unless there are at least two other competent subscribing witnesses who are not beneficiaries. This means Kansas effectively requires a minimum of two disinterested witnesses, or if a beneficiary serves as a witness, at least two additional non-beneficiary witnesses must also sign.
Also, under K.S.A. 59-617, a petition to probate the will of a Kansas resident must generally be filed within 6 months after the testator’s death. Kansas does not recognize electronic wills or video wills
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Understanding Kansas Estate Planning
Getting started with Kansas estate planning is the single best gift you can give your family. A valid Kansas will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Kansas estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Kansas estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Kansas Sources & Resources
- Kansas Court Self-Help: https://self-help.kscourts.gov/
- Kansas Wills Statute: https://ksrevisor.gov/statutes/ksa_ch59.html
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Kansas will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Kansas Wills & Probate Guides
- Kansas Probate Process
- Dying Without a Will in Kansas
- Kansas Estate & Inheritance Tax
- Kansas Small Estate Affidavit
- Kansas Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.