Make a Kansas Last Will and Testament

Kansas State Last Will and Testament Laws

Definition of Will - Section 59-102

Laws - Chapter 59: Probate Code

Witnesses - According to Section 59-606, the Will must be signed by two (2) competent witnesses.

A Sample Kansas Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide the legal names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Then, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or who has some sort of disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to begin receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you want to use? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you, provide the following information below (as well as your alternate and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember

Why do you need a Kansas last will and testament form?

In Kansas, it is important to have a last will and testament in order to put into writing your wishes for any property, real estate, digital property, bank accounts or any other assets so that you can leave them to any family, friends, pets, charities or any other beneficiaries. It is an important step in estate planning. A last will and testament also allows you to name an executor who will carry out these wishes. A will also allows you to make decisions about guardianship of any dependents in your custody. A last will and testament in Kansas must be signed by the testator and two witnesses and must be notarized. Kansas state laws allow for oral wills to be created if the will is created upon the last sickness of the testator and cannot include real estate. An oral will must be written and signed by two witnesses who are not beneficiaries of the will within thirty days.  

The benefits of having a will

According to Kansas law, a last will and testament is not legally required, however, without one, laws of intestacy will be enacted in which the courts will determine the distribution of the deceased’s assets. It is important to name an executor in a will to be sure that your wishes will be carried out according to your legal will. Kansas wills also allow for charitable donations as well as the inclusion of trusts for spouses and descendents. In Kansas, you can also include any guardianship information for dependents. Pet trusts can also be included in a Kansas will. Upon death, a will needs to be submitted to probate court within six months before distributions can be made. A will can be expedited through the probate process under certain conditions. Once a will passes through probate, an executor can distribute the property according to the will’s stipulations.

The costs of not having a will

If you die without a last will and testament in place, intestacy laws will be enacted meaning that the courts will determine the distribution of any assets. Without a will, spouses and descendents will split any property. If there is only one spouse or one descendent, they will inherit the entirety of the estate. If there is no spouse or descendent, the court will find the closest relative. No jointly owned property can be included in a will. Life insurance beneficiaries also cannot be changed or determined by a will.