State requirements
Making a will in Kansas
Kansas requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Kansas does not require a lawyer to draft a will. A will created online is valid in Kansas when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Kansas?
Kansas requires 2 adult 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?
No. Witnesses make a will valid in Kansas, not a notary. 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?
A valid Kansas will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Kansas law, not legal advice. Statutes change — verify current requirements or consult a licensed Kansas attorney for complex situations.