How to Make a Will in Kansas (2026 Guide)

A will made in Kansas must be signed by you and by 2 witnesses to be valid. Yes (Kan. Stat. Ann. § 59-606 (self-proved will by acknowledgment before a notary public or other officer)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Kansas will covers, generated from the same rules.

Make my free Kansas will

Kansas will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Kan. Stat. Ann. § 59-606
Financial POA statute	Kan. Stat. Ann. § 58-650 et seq. (Kansas Power of Attorney Act)
Healthcare directive statute	Kan. Stat. Ann. § 58-625 et seq. (durable power of attorney for health care decisions; form at § 58-632) and § 65-28,101 et seq. (Natural Death Act; declaration form at § 65-28,103)

Witnesses

Two witnesses. The will must be in writing, signed at the end by the testator (or by another in the testator's presence and by the testator's express direction), and attested and subscribed in the presence of the testator by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature (Kan. Stat. Ann. § 59-606). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Kan. Stat. Ann. § 59-604). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Kansas?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Kan. Stat. Ann. § 59-606 (self-proved will by acknowledgment before a notary public or other officer)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Kansas

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed at the end by the testator (or by another in the testator's presence and by the testator's express direction), and attested and subscribed in the presence of the testator by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature (Kan. Stat. Ann. § 59-606). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Kan. Stat. Ann. § 59-604). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Kan. Stat. Ann. § 59-606 (self-proved will by acknowledgment before a notary public or other officer)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Kansas allows a testator to deposit a will with the district court for safekeeping during the testator's lifetime; it is sealed and released only to the testator or, after death, to the named executor (Kan. Stat. Ann. § 59-618a). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. Unless the spouse consented to the will in writing (Kan. Stat. Ann. § 59-602), the spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Kan. Stat. Ann. §§ 59-6a201 to 59-6a214), plus homestead rights and a family allowance (Kan. Stat. Ann. §§ 59-401, 59-403).

Homestead

Kansas restricts devising the homestead. The homestead may not be devised away from a surviving spouse (or minor children) without the spouse's written consent; the spouse and minor children are entitled to occupy it (Kan. Const. art. 15, § 9; Kan. Stat. Ann. § 59-401). A devise of the homestead to someone else takes effect only if the spouse consents or elects to take under the will.

If you die without a will in Kansas

If you die without a will in Kansas, your spouse takes everything if you leave no descendants. If you leave descendants, the spouse takes one-half and your descendants take one-half, regardless of whether they are also the spouse's (Kan. Stat. Ann. §§ 59-504, 59-505, 59-506). With no spouse, everything passes to descendants, then parents, then their descendants. More on intestacy.

Other estate-planning documents in Kansas

• Durable financial power of attorney: Kan. Stat. Ann. § 58-650 et seq. (Kansas Power of Attorney Act). A power of attorney must be in writing, signed and dated by the principal (or by another adult in the principal's presence at the principal's direction), and the signature must be acknowledged before a notary public or other officer authorized to take acknowledgments (Kan. Stat. Ann. § 58-652(a)). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the register of deeds before using it for real estate (Kan. Stat. Ann. § 58-652(d)).
• Advance healthcare directive: Kan. Stat. Ann. § 58-625 et seq. (durable power of attorney for health care decisions; form at § 58-632) and § 65-28,101 et seq. (Natural Death Act; declaration form at § 65-28,103). A durable power of attorney for health care decisions must be signed by the principal and either signed in the presence of two adult witnesses or acknowledged before a notary public (Kan. Stat. Ann. § 58-629). A witness may not be the agent, related to the principal by blood, marriage or adoption, entitled to any part of the estate, or financially responsible for the principal's care. A Natural Death Act declaration must be signed before two adult witnesses with the same restrictions (Kan. Stat. Ann. § 65-28,103). The statutory forms are optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Kan. Stat. Ann. § 59-623).

Kansas notes

• The Kansas homestead cannot be left away from a surviving spouse without the spouse's written consent (Kan. Const. art. 15, § 9; Kan. Stat. Ann. § 59-401).
• A spouse's written consent to the will, signed before a notary, bars a later elective-share claim (Kan. Stat. Ann. § 59-602). Have an attorney prepare any such consent.
• Kansas does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Kansas?

Kansas requires 2 witnesses (Kan. Stat. Ann. § 59-606). Two witnesses. The will must be in writing, signed at the end by the testator (or by another in the testator's presence and by the testator's express direction), and attested and subscribed in the presence of the testator by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature (Kan. Stat. Ann. § 59-606). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Kan. Stat. Ann. § 59-604). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Kansas?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Kansas have a self-proving affidavit?

Yes (Kan. Stat. Ann. § 59-606 (self-proved will by acknowledgment before a notary public or other officer)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Kansas?

Kansas does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Kansas?

A surviving spouse cannot be completely disinherited. Unless the spouse consented to the will in writing (Kan. Stat. Ann. § 59-602), the spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Kan. Stat. Ann. §§ 59-6a201 to 59-6a214), plus homestead rights and a family allowance (Kan. Stat. Ann. §§ 59-401, 59-403).

What happens if I die without a will in Kansas?

If you die without a will in Kansas, your spouse takes everything if you leave no descendants. If you leave descendants, the spouse takes one-half and your descendants take one-half, regardless of whether they are also the spouse's (Kan. Stat. Ann. §§ 59-504, 59-505, 59-506). With no spouse, everything passes to descendants, then parents, then their descendants.

Is a no-contest clause enforceable in Kansas?

Kansas has no statute on no-contest clauses. Kansas courts enforce them but hold that a contest brought in good faith and with probable cause does not trigger forfeiture (In re Estate of Foster, 190 Kan. 498 (1962)). Treat a good-faith contest as outside the clause.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.