Kansas Last Will and Testament

In addition to testamentary trusts (i.e., trusts created through a last will and testament) that provide a benefit for people, Kansas law allows the creation of “pet trusts” in order to provide for the care of animals after the settlor's death. The trust terminates when no living animal is covered by its terms. A Kansas will gives you the opportunity to ensure the well-being of your pets after your death in this manner.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will.

In Kansas, a will must be filed within six months of the decedent’s death. An estate may be eligible for a simplified probate process; factors the court considers in such a decision may include the following:

• Size of the estate
• Degree of kinship of the heirs
• Devisees and persons seeking appointment
• Solvency of the estate
• Nature of the estate
• Wishes of the heirs and devisees
• Probable cost of estate administration and settlement
• Any other pertinent matters

After the court grants letters testamentary, the executor collects and manages the estate’s assets and pays expenses of the estate, including taxes. The executor of the will may then distribute the decedent’s property as provided for in the will.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Kansas, in the absence of a will, if you have a surviving spouse as well as a descendant, each receive half of your estate; if you have only a surviving spouse or a descendant, he or she would receive the entire estate. If you have neither a surviving spouse nor a descendant, other relatives, including parents, siblings, and grandparents, will inherit depending on the closeness of the relation.

As you can see, if you would like to have control over the distribution of your assets, it is vital that you have a will.

Exceptions to ability to distribute property

Not all property you own can be distributed according to a will. For example, any property owned as a joint tenant with the right of survivorship cannot be devised by will in Kansas. The beneficiary of life insurance policies also cannot be changed by a will.

Another important exception involves the spousal elective share. In Kansas, a surviving spouse is entitled to a percentage of the augmented estate, which is established by statute and depends on the length of the marriage.

Form a last will in Kansas

The basic requirements for a Kansas last will and testament include the following:

• Age: The testator must have reached the age of majority in Kansas (currently 18 years old).
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in the testator’s presence, by the testator’s direction.
• Witnesses: A Kansas will must be signed by at least two individuals, who should not also be beneficiaries in the will. The witnesses must sign in the presence of the testator after seeing him sign the will or acknowledge the will.
• Writing: A Kansas will may be written or oral, as more fully explained below.
• Beneficiaries: A testator may leave property to any beneficiary provided he or she is not a witness to the will.