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In Kansas, a Last Will and Testament is a legal document that allows a person, known as a Testator, to declare, in writing, how they would like their estate handled after they pass away. In Kansas, anyone over the age of 18 (unless otherwise emancipated), and of sound mind, may create a last will and testament, as long as it follows the guidelines of the statutes. Kansas last wills are governed by Chapter 59 Article 6 of the Kansas Statutes. These statutes also dictate the type of wills that are recognized in the state. For example, the state of Kansas will only recognize an Oral Will, formally known as a Nuncupative Will, if it is made during the Testator's last sickness. Additionally, this will must also be transferred to writing by two witnesses who are not beneficiaries of the estate. Kansas will not accept a Handwritten Will, formally known as a Holographic Will.
In order to complete a last will and testament in Kansas, the Testator will need some simple, yet detailed information to complete this type of document. The first piece of information that the Testator will need to provide is his or her full name and address. Although beneficiaries may know the Testator, if any miscommunications or disagreements occur and the issue goes to court, this information will help the court establish the identity of the Testator. Once the Testator provides this information, he or she will need to name an Executor to carry out the responsibilities of the will. Once this information has been provided, the Testator may then begin to detail their wishes in regards to their estate. These wishes will be specific to who will inherit various property, final assets and any other items of value that the Testator may have in their possession. In addition, these wishes may include funeral, burial, and repass information. Once all of the pertinent information has been provided, the Testator, along with his or her two witnesses will sign, and the document's validity may take effect.