State requirements
Making a will in Kansas
Kansas lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Kansas has traditional will requirements. Kansas does NOT recognize holographic wills. Kansas is NOT a community property state but has spousal share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | K.S.A. § 59-601 | 18+ and of sound mind |
| Execution Requirements | K.S.A. § 59-606 | Written, signed, 2 witnesses |
| Self-Proving | K.S.A. § 59-606 | Available with affidavit |
| Spousal Share | K.S.A. § 59-6a215 | Up to 50% of augmented estate |
Execution Requirements
KANSAS WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at direction)
✓ Attested by 2 or more competent witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
Spousal Share
KANSAS SPOUSAL SHARE:
- Surviving spouse entitled to 3% to 50% of augmented estate
- Percentage based on length of marriage
- 15+ years: 50%
- Must elect within 6 months
Checklist for Kansas Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 competent witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
Kansas will questions, answered
Can I make a will online in Kansas?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Kansas requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Kansas?
Kansas requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Kansas require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Kansas document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Kansas?
No. Kansas does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Kansas?
Kansas sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Kansas source above and get local help for your circumstances.
Keep reading
All guides →Your Kansas wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Kansas law, not legal advice. Statutes change — verify current requirements or consult a licensed Kansas attorney for complex situations.