How to Write a Will in Kansas

Wills are among the most important legal documents used in estate planning. By writing a Will, you ensure that your estate and your beneficiaries are financially secure. It is a relatively simple process to create a will, and LegalPen will assist with any questions about Kansas Wills. 

What are the Steps to Create a Will in Kansas

You need to follow several steps to create a will in Kansas. The following steps can be used as a guideline; –

1. List of your Property

You should have an inventory of your property and assets, including their passwords and how to access the ownership documentation. Having a list of your properties will assist you by putting all your assets in one place and ensuring you remember them all.

2. List of Beneficiaries

Beneficiaries are the family and loved ones who stand to benefit from your estate in the event of your death. It is important to have them on a list to keep everyone from disinheriting unknowingly.

3. Executor

An executor is the person you trust and appoint who can handle your estate by managing and distributing the assets to your beneficiaries according to your stated wishes in the will.

4. Guardian

When you have minor children, it is important to appoint a guardian who will be responsible for their upkeep and well-being.

5. Will writing

Once you have gathered all the needed information, you can create and write your will. Ensure that your will meets all the legal requirements for it to be deemed valid. You can contact our legal professionals at LegalPen for any advice or clarifications. 

6. Signature

It is essential for you, as the Testator, to sign or acknowledge your will in front of two witnesses. Your witnesses must sign your will. You should sign at the end of your will.

7. Storage 

The final stage of preparing your will is finding and deciding where to store it. Your will should be stored somewhere easily accessible to your beneficiaries in the event of your demise. The location should be fireproof and waterproof to avoid damaging the Will.

What Happens if I Don’t Have a Will?

When you die without a Will, you will be deemed to have died intestate, and the distribution of your property will be according to Kansas intestacy succession laws.

Without a Will, no personal representative has been named to manage the estate, and the court will need to appoint someone to execute it. The property will be passed to surviving members in strict order of priority.

What Are the Requirements for Writing a Last Will and Testament in Kansas?

When you decide to write a will, several requirements are needed for writing a Last Will and Testament in Kansas that are; –

1. Age 

To write a will, the testator must have reached the age of majority, which is 18.

2. Capacity

The testator must be of sound mind to write a will. He should have testamentary capacity, meaning that they are aware of what they is doing and the consequences of their actions.

3. Signature

The testator must sign the will or have someone else sign it in the testator’s name, in the testator’s presence, and at the testator’s direction. 

4. Witnesses

A Will in Kansas must be signed by at least two witnesses who should not be beneficiaries of the will. The witnesses must sign the will in the presence of the testator after seeing him sign the will or acknowledge the will.

5. Beneficiaries

A testator may leave the property to any beneficiary they wish, provided they are not witnesses to the Will.

How Often Should You Review and Update Your Kansas Will?

You should review and update your will every three to four years so that you can make changes to it if and when necessary.

In the event of any major life change, such as marriage, divorce, the birth of a child, the death of a family member, or significant financial change, you should review and update your will.

How to Revise and Update Your Will in Kansas

You can revise and update your will in Kansas through the following methods; –

1. Writing a new Will clearly indicates that it revokes all other previous wills.
2. Amending a current will with a codicil, an addendum attached to the current will, and supplements its contents.

What Makes a Will Valid in Kansas?

A will is made valid in Kansas when the following is done; –

1. The testator is 18 years or older
2. The testator is of sound mind
3. It is signed at the end by the testator
4. Witnessed by two or more competent witnesses who saw the testator sign the will or heard them acknowledge it

Can a Handwritten Will Be Valid in Kansas?

No, handwritten wills are not valid in Kansas.

How Do I Sign My Kansas Will?

It is crucial for you, as the testator, to sign your Kansas Will. You should sign your will in front of two witnesses, and your witnesses must sign your will.

You should sign at the end of your will, and your witnesses must see you sign or acknowledge your will.

What can I include in an Online Will in Kansas?

When writing an Online Will, there are several things that can be included in an online will in Kansas; –

1. Inventory of your property
2. Inventory of your beneficiaries
3. Your appointed executor
4. Your appointed guardian
5. Your signature 

Types of Assets Covered in a Kansas Will

There are several Assets. However, not all of them can be included in a Kansas Will. Some of the assets that are covered in a Kansas Will are; –

1. Real estate
2. Financial accounts
3. Motor Vehicles
4. Personal Property, such as furniture and household goods

Can I Revoke or Change My Will in Kansas?

Yes, you can revoke or change your Kansas Will. This can be done at any time. The Will contains your wishes, and it is your prerogative to change your mind on how your estate will be distributed, upon which you may either revoke or change the contents of your Will.

How do you Revoke or Change your Will in Kansas

You can revoke or change your Will in Kansas in the following ways; –

1. By making a subsequent will that revokes all other prior wills
2. By burning, canceling, tearing, obliterating the will 

Can I Make a Digital or Electronic Will in Kansas?

No, you can not make a Digital or Electronic Will in Kansas because it is not provided for in the state’s laws.

Who Can Witness a Will in Kansas?

There are requirements that need to be met to be able to witness a Will in Kansas, such as; –

1. Must be legally competent at the time of witnessing and signing the will
2. Must not be a beneficiary to the will or someone disinterested 

Should My Will Name an Executor?

Yes, your will should name an executor who will ensure that the provisions in your will are carried out after your death.

What are the Kansas Will Executor Requirements?

Below are the Will executor requirements in Kansas; –

1. Age and Health

Age and health are essential as you should consider an individual who will be available to fulfill the role when the time comes and understands their duties.

2. Trustworthiness

The executor should be someone who will act honestly, ethically, and diligently in administering your estate.

3. Availability

Your executor should have the time and flexibility to handle the estate’s responsibilities.

4. Familiarity with Kansas laws

It is beneficial if the executor knows Kansas probate laws as they must navigate the legal requirements and procedures.

What Happens to a Will After Death in Kansas?

After the testator’s death in Kansas, the executor has six months to file the will. The will must be proven in probate Court, which will supervise the distribution process of the deceased. 

Once the Will is declared valid in probate court, the executor can pay off any debts and taxes the estate owes and distribute the testator’s property according to the will.

What is the Impact of Marriage and Divorce on Your Kansas Will

When you have a Kansas Will and get married, your existing will is automatically revoked because inheritance rights for spouses and children take precedence.

In the event of a divorce, the Kansas Court may revoke some elements in your Kansas Will, such as those that leave property to your ex-spouse or name your ex-spouse as the executor.

Do all Wills in Kansas have to go Through Probate?

Yes, all Wills in Kansas have to go through Probate. However, when the estate’s value is $40,000 or less, probate is unnecessary, and not all assets must go through probate.

Is Kansas a Community Property State?

No, Kansas is not a Community Property State. Rather, it is guided by the principle of equitable distribution, where the couple’s property is divided based on what is fair under the circumstances of each case, which doesn’t necessarily mean a 50/50 split.

How is Kansas Intestate Succession Done?

When you die without a will, you are considered to have died intestate, and your assets and debts will be distributed in accordance with the intestate laws in Kansas.

The assets owned solely in the deceased’s name shall go to the closest living relatives. This is set out according to an order of priority in which a decedent’s heirs will inherit the property in the estate.

In the event there are any shared assets or those designated with a transfer-on-death stipulation, such as certain deeds, life insurance policies, and so on, are not subject to the Kansas intestate succession laws.

How is Estate and Inheritance Tax in Kansas Done?

Kansas does not have an Estate or Inheritance Tax. However, depending on the nature and size of the estate, one may be required to pay federal estate tax.

When you inherit property from another state, it may impose an inheritance tax on that property.