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Last Will and Testament (Will)

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A Kansas Last Will and Testament is a legal document that provides a testator (the person setting forth their will) the opportunity to place into writing how they would like all of their property and assets distributed upon death. A testator can determine how their real estate, fiduciary assets, personal property, and even digital property shall be dispersed among family, friends, and organizations– all according to the testator’s personal wishes and not those imposed by state law upon the death of an individual with no will. A will document in Kansas, once completed, must be signed by two (2) witnesses who have acknowledged the testator’s signature. The document can also be notarized if the testator wishes to add an extra and optional layer of legal protection.

Table of Contents

• Laws
  • Signing Requirements
• (Video) How to Make a Will in Kansas
• How to Write
• Related Forms
  • Advance Directive
  • Durable (Financial) Power of Attorney

Laws

Definition – (Section 59-102) – Wills fall under the “Valid settlement agreement” definition, which refers to a written and acknowledged instrument that affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.

Signing Requirements (Section 59-606) – Shall be signed by Two (2) or more competent Witnesses.

Statutes – Chapter 59 (Probate Code)

(Video) How to Make a Will in Kansas

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 (Optional) – 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.

Related Forms

Advance Directive

Download: Adobe PDF

 

 

 

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Durable (Financial) Power of Attorney

Download: Adobe PDF, MS Word, OpenDocument