What the rule says
Kansas requires specific formalities for a valid will. Under Kan. Stat. Ann. § 59-606, a valid Kansas will must satisfy:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills not recognized
Kansas does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents.
Self-proving affidavits
Under Kan. Stat. Ann. § 59-606, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For a Kansas will execution:
- Have the testator and at least two competent witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents in Kansas.
Who this affects most
Kansas's execution requirements are most consequential for anyone executing a will in Kansas and out-of-state residents who relocated with handwritten unwitnessed wills.