The Kansas Last Will and Testament is considered a legal document in the state of Kansas, which allows a testator (the person setting forth the document) the opportunity to place into writing how they would wish to have all of their property, whether it’s real estate, fiduciary, personal property 0r even digital property, distributed among family, friends, even pets, and charities, according to their wishes and not those of the courts upon the death of the testator. This document, once completed, must be signed by two witnesses and must be notarized to be properly authenticated.
Laws – Chapter 59 (Probate Code)
Signing (Section 59-606) – Shall be signed by Two (2) or more competent Witnesses.
How to Write
Step 1 – Establishing the Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. You would then enter the following information:
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section
Step 2 – Nomination and Appointment of Personal Representative ( know also as the Executor)–
- Enter the full legal name of the executor
- Name of executor’s city
- County
- State
Alternate Executor – just in the event the initial representative becomes ill, unable or unwilling to serve as the initially chosen representative to the estate
- Enter the full legal name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property by Executor–
1 st Beneficiary
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
- AND
2nd Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
- AND
3d Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
The Testator must review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.
Step 4 – Testator must carefully read the following sections prior to completion of the document:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All signatories must be present at the same time in the same location, prior to any signing of this documentation. Enter the following:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 – Notarization – Once the notary public has witnessed all signatures they shall complete the remainder of the document and acknowledge it by affixing their commission and state seal.
