Kansas: Will Execution Requirements
The short answer
To sign a valid will in Kansas you must be of sound mind and have the rights of majority (age 18), put the will in writing, sign it at the end (or have someone sign for you in your presence and at your express direction), and have two or more competent witnesses attest and sign in your presence after they watched you sign or heard you acknowledge the will. Notarization is not required, but Kansas builds a self-proving affidavit into the same statute. Kansas does not recognize handwritten (holographic) wills, does not allow electronic wills, and has no harmless-error rule — so follow the signing steps exactly.
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This is the general rule in Kansas. Ezel applies current Kansas law to your specific facts and answers with citations to the statutes.
| Governing law | Kansas Probate Code, Chapter 59, Article 6 (Wills). The core execution statute is § 59-606; § 59-601 sets who may make a will, § 59-604 handles a gift to a witness, § 59-608 permits a narrow last-sickness oral will, and § 59-609 recognizes out-of-state wills. Kansas uses the common-law attested-will model and is NOT a notarial-will or electronic-wills state |
|---|---|
| Minimum age & capacity | Any person 'of sound mind, and possessing the rights of majority' may make a will (§ 59-601). The rights of majority attach at 18 (a minor may be granted them earlier by court order). 'Sound mind' is not defined in the statute; Kansas case law supplies the test — the testator must know the nature and extent of their property, know the natural objects of their bounty (their heirs), and understand the nature and effect of making a will. Capacity is measured at the time of signing |
| Writing & signature | Must be in writing and 'signed at the end by the party making the will, or by some other person in the presence and by the express direction of the testator' (§ 59-606). Kansas enforces a signature-at-the-end rule — the signature must close the document, and Kansas courts read 'subscribed' to mean signed at the end — so anything appearing below the signature is at risk of being disregarded |
| Witnesses required | Two or more competent witnesses. The will 'shall be attested and subscribed in the presence of' the testator by 'two or more competent witnesses, who saw the testator subscribe or heard the testator acknowledge the will' (§ 59-606). Each witness signs in the testator's presence, after either watching the testator sign or hearing the testator acknowledge the will. Interested witness: a gift to a subscribing witness is void 'unless there are two other competent subscribing witnesses who are not beneficiaries,' though the witness keeps up to the share they would have taken in intestacy (§ 59-604) |
| Notarization & self-proving | Notarization is NOT required to sign a will — a notary is not a witness. Kansas builds a self-proving option directly into § 59-606: the testator and witnesses may sign acknowledgments and affidavits, in the statutory form, before an officer authorized to take acknowledgments and administer oaths. If a conforming affidavit is executed at the time of signing, 'no other signatures of the witnesses or any other attestation clause is required,' and a self-proved will is admitted to probate without witness testimony unless contested |
| Handwritten (holographic) wills | No. Kansas does not recognize holographic wills; § 59-606 requires two witnesses, and the only witness-free form is the narrow last-sickness oral will (§ 59-608). Kansas will, however, honor a will executed in another state that was valid where made or under the testator's home-state law, provided it is in writing and subscribed by the testator (§ 59-609) — so a handwritten will valid where it was signed may still be given effect after a move |
| Electronic & remote wills | Not permitted. Kansas has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 59-606 requires a physically signed writing attested and subscribed in the testator's presence. A will signed or witnessed only electronically is not a valid Kansas will |
| Harmless-error / curative doctrine | No. Kansas has not adopted the Uniform Probate Code's harmless-error rule (§ 2-503) or any substantial-compliance cure. Section 59-606 states the requirements in mandatory terms ('shall be in writing, and signed at the end ... shall be attested and subscribed'), so a technical execution defect generally voids the will and cannot be excused by proof of intent |
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Requirements one by one
Governing law
Kansas's will-execution rules are in the Kansas Probate Code, Chapter 59, Article 6.
The core statute is § 59-606 (writing, signature at the end, two witnesses, and a
built-in self-proving affidavit); § 59-601 says who may make a will; § 59-604 handles a
witness who is also a beneficiary; § 59-608 allows a narrow oral will in a last sickness;
and § 59-609 recognizes wills executed in other states. Kansas uses the traditional
common-law "attested will" and is not a civil-law "notarial will" state; it has not
adopted electronic wills. The Kansas Supreme Court has long said there are only two ways
to make a valid Kansas will — a written, witnessed will or the narrow last-sickness oral
will.
Minimum age & capacity
Any person "of sound mind, and possessing the rights of majority" may make a Kansas will
(§ 59-601). The rights of majority attach at age 18; a minor may be granted them earlier
by court order, but otherwise a person under 18 cannot make a will. The statute does not
define "sound mind"; Kansas courts supply the working test — you must know the nature and
extent of what you own, know your natural heirs, and understand the nature and effect of
making a will. Capacity is judged at the moment of signing.
Writing & signature
A Kansas will must be in writing and "signed at the end by the party making the will, or
by some other person in the presence and by the express direction of the testator"
(§ 59-606). Two points matter. First, if you cannot sign yourself, someone may sign for
you, but only while you are present and at your express direction. Second, Kansas enforces
a signature-at-the-end rule: the signature must close the document. Gifts or instructions
added below the signature invite a dispute about whether they were part of the signed
will, so sign at the very end, after all the terms.
Witnesses required
A Kansas will needs two or more competent witnesses. The will "shall be attested and
subscribed in the presence of" the testator by "two or more competent witnesses, who saw
the testator subscribe or heard the testator acknowledge the will" (§ 59-606). In
practice that means each witness signs while you are present, after either watching you
sign or hearing you acknowledge that the document (or your signature) is yours. You do not
have to sign in front of both witnesses at the identical moment, but the safe practice —
and the one the statutory self-proving affidavit recites — is for everyone to be together.
On interested witnesses, Kansas uses a purging rule. Under § 59-604, a gift to a
subscribing witness "shall be void, unless there are two other competent subscribing
witnesses who are not beneficiaries." Even then, the witness-beneficiary is not left with
nothing: they keep up to the share they would have received in intestacy, drawn from the
voided gift. The clean practice is to use two witnesses who inherit nothing.
Notarization & self-proving
A Kansas will does not have to be notarized to be valid — a notary is not one of the two
required witnesses. What a notary supports is the self-proving affidavit, which Kansas
builds directly into § 59-606. The testator and the witnesses may sign acknowledgments
and affidavits in the statutory form before an officer authorized to take acknowledgments
and administer oaths. Kansas makes this especially efficient: if a conforming affidavit is
executed at the time of signing, "no other signatures of the witnesses or any other
attestation clause is required," and a self-proved will "shall be admitted to probate
without the testimony of any subscribing witness" unless it is contested.
Handwritten (holographic) wills
Kansas does not recognize holographic wills. A will must have two witnesses under
§ 59-606; the only witness-free option is the narrow last-sickness oral will in § 59-608.
So a will written out entirely by hand but not witnessed is not valid in Kansas as a
holographic will. One important qualification: under § 59-609, Kansas honors a will
executed in another state if it was validly executed there, or under the law of the
testator's residence — as long as it "is in writing and subscribed by the testator." A
handwritten will that was valid in the state where it was signed can therefore still be
given effect in Kansas after a move, even though Kansas would not allow it to be created
here.
Electronic & remote wills
Kansas does not permit electronic wills. It has not enacted the Uniform Electronic Wills
Act or any electronic-wills statute, so § 59-606's requirement of a physically signed
writing, attested and subscribed in the testator's presence, still controls. A will that
exists only as a computer file, or that was "signed" by typing a name or witnessed only
over video, is not a valid Kansas will.
Harmless-error / curative doctrine
Kansas has no harmless-error rule. It has not adopted the Uniform Probate Code's § 2-503
or any substantial-compliance cure, and § 59-606 states the execution requirements in
mandatory terms — the will "shall be in writing, and signed at the end," and "shall be
attested and subscribed" by two witnesses. A will with a witnessing or signature defect
generally cannot be rescued by proving after the fact that you meant it as your will.
Kansas is a strict-compliance state; the last-sickness oral will is a separate, narrow
form, not a way to cure a defective written will.
What trips people up
Notarizing a will is not the same as witnessing it. Taking a typed will to a notary
does not satisfy § 59-606, which requires two competent witnesses. Notarization matters
only for the self-proving affidavit built into the same statute, attached to an
already-witnessed will.
Sign at the very end. Section 59-606 requires the signature "at the end" of the will.
Adding bequests or instructions below your signature — or signing only on a cover page —
can put that material, or the whole will, in doubt. Put your signature last.
A handwritten will alone does not work in Kansas. Unlike about half the states,
Kansas does not recognize holographic wills. Writing your wishes out by hand and signing
them, with no witnesses, leaves no valid Kansas will (though a handwritten will you made
and validly executed in another state may still be honored under § 59-609).
Use the built-in self-proving affidavit. Kansas lets the witnesses' testimony be
skipped at probate if a conforming affidavit is signed when the will is executed
(§ 59-606). Skipping it means your witnesses may have to be located and brought to court
years later. Sign the affidavit at the signing.
Common questions
Does my Kansas will have to be notarized? No. Kansas requires two competent
witnesses, not a notary (§ 59-606). Notarization only supports the self-proving affidavit
in that same section, which speeds up probate but never replaces the witnesses.
Can I handwrite my own will without witnesses? No. Kansas does not recognize
holographic wills — a Kansas will needs two witnesses (§ 59-606). The only witness-free
option is a narrow oral will made in a last sickness and quickly reduced to writing
(§ 59-608), which is not a practical substitute for a written will.
Can I sign my Kansas will online or over video? No. Kansas has not adopted electronic
wills, so a will must be a physical signed writing witnessed in person by two people
(§ 59-606). Signing electronically or witnessing by video does not make a valid Kansas
will.
What happens if a beneficiary was one of my witnesses? The will stays valid, but that
witness's gift is void unless two other, non-beneficiary witnesses also signed; the
witness then keeps only up to their intestate share (§ 59-604). Use two disinterested
witnesses to avoid the problem.
Statutes and sources
- Kan. Stat. Ann. § 59-601 — who may make a will: any person of sound mind possessing the rights of majority.
https://ksrevisor.gov/statutes/chapters/ch59/059_006_0001.html (accessed 2026-07-11) - Kan. Stat. Ann. § 59-604 — a gift to a subscribing witness is void unless two other non-beneficiary witnesses also signed; the witness keeps up to their intestate share.
https://ksrevisor.gov/statutes/chapters/ch59/059_006_0004.html (accessed 2026-07-11) - Kan. Stat. Ann. § 59-606 — core execution: writing, signature at the end, attestation by two or more competent witnesses in the testator's presence, and the built-in self-proving affidavit.
https://ksrevisor.gov/statutes/chapters/ch59/059_006_0006.html (accessed 2026-07-11) - Kan. Stat. Ann. § 59-608 — narrow last-sickness oral (nuncupative) will for personal property, reduced to writing and witnessed within 30 days.
https://ksrevisor.gov/statutes/chapters/ch59/059_006_0008.html (accessed 2026-07-11) - Kan. Stat. Ann. § 59-609 — recognition of a will executed out of state that was valid where made or under the testator's home-state law, if in writing and subscribed.
https://ksrevisor.gov/statutes/chapters/ch59/059_006_0009.html (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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