Kansas wills
How to make a will in Kansas
What Kansas law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Kansas will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | No |
| State estate or inheritance tax | None |
How to sign a will in Kansas
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (K.S.A. 59-606)
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (K.S.A. 59-606)
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind. A person 16 or older who is or has been married is treated as of majority for property rights, and a court may confer the rights of majority on a minor (K.S.A. 38-101, 38-108 to 38-110). (K.S.A. 59-601; 38-101)
Witness rules
The will must be in writing and signed at the end by the testator (or by someone else in the testator's presence and at the testator's express direction). Two or more competent witnesses who saw the testator sign, or heard the testator acknowledge the will, must attest and sign in the testator's presence. The statute does not require witnesses to sign in each other's presence. (K.S.A. 59-606)
If a witness inherits: A gift to a witness is void unless two other competent, non-beneficiary witnesses also signed; a witness who would inherit without the will still takes up to his or her intestate share (K.S.A. 59-604).
Handwritten wills
Not recognized; every will except an oral will under K.S.A. 59-608 must be signed at the end and attested by two witnesses (K.S.A. 59-606). Out-of-state wills valid where made may be probated (K.S.A. 59-609).
Self-proving affidavit
Testator and witnesses acknowledge and swear before an officer authorized to take acknowledgments and administer oaths. It can be done at signing or later, but only while the testator and the witnesses are all alive. (K.S.A. 59-606)
Can I sign my will online in Kansas?
No. No electronic-will or remote-witnessing statute found; K.S.A. 59-606 requires attestation in the testator's presence.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: A Kansas notary may act for a remotely located individual after notifying the Secretary of State. The statute has no will-specific rule, and remote witnessing of the will itself is not authorized. (K.S.A. 53-5a15 (Revised Uniform Law on Notarial Acts, L. 2021, ch. 64))
Good to know in Kansas
The testator must sign at the end of the will. Kansas repealed its lifetime court-deposit statute (former K.S.A. 59-620) in 1995; after a death, whoever holds the will must deliver it to the court (59-621), and withholding it can bring liability (59-618).
Estate and inheritance taxes
Kansas has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Kansas will questions
Does a will need to be notarized in Kansas?
No. Two witnesses make a Kansas will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Kansas?
Not recognized; every will except an oral will under K.S.A. 59-608 must be signed at the end and attested by two witnesses (K.S.A. 59-606). Out-of-state wills valid where made may be probated (K.S.A. 59-609).
Can a beneficiary witness a will in Kansas?
A gift to a witness is void unless two other competent, non-beneficiary witnesses also signed; a witness who would inherit without the will still takes up to his or her intestate share (K.S.A. 59-604).
Can I make a will online in Kansas?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Kansas doesn't allow electronic wills, so the will must be signed on paper.
Does Kansas have an estate or inheritance tax?
Kansas has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- K.S.A. 59-601 Persons who may make will (Kansas Revisor of Statutes)
- K.S.A. 38-101 Period of minority
- K.S.A. 59-604 Devise or bequest to witness
- K.S.A. 59-606 Execution and attestation; self-proved wills
- K.S.A. 59-618 Liability and effect of withholding will
- K.S.A. 59-620 (repealed 1995)
- K.S.A. 59-621 Duty of custodian; liability
- K.S.A. 53-5a15 Notarial act performed for remotely located individual
- Kansas: Will Execution Requirements (ezel.ai survey)
Last reviewed October 24, 2026 against Kansas statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Kansas attorney.
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