Kansas

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§59-601, et seq

Operative Facts

1. May be created by any adult
2. must be made in writing
3. document must be signed by declarant
4. document must be dated
5. must be signed in presence of 2 or more adult witnesses
6. no effect during course of pregnancy
7. it is the responsibility of declarant to notify attending physician
8. substantially same form as 65-28, 103(c)
9. No witness can be related to declarant

Age of Testator

Anyone of sound mind and possessing rights of majority

Number of Witnesses Required

Must be attested and subscribed in presence of testator by two or more competent witnesses who saw testator subscribe or heard him acknowledge same.

Oral Will Recognition

Made in last sickness, oral will is valid in respect to personal property if reduced to writing and subscribed by two competent, disinterested witnesses within 30 days after speaking the testamentary words

Holographic Will Recognition

Not recognized