Simple Will - Kansas

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Definitions
2. Revocation of Prior Wills & Codicils
3. Family Declaration
4. Appointment of Personal Representative (Executor)
5. Disposition of Tangible Personal Property
6. Specific Bequests
7. Residuary Estate
8. Guardianship of Minor Children (if any)
9. Fiduciary Powers; Executor Indemnity & Liability Cap
10. No Bond Requirement
11. Allocation of Taxes & Expenses
12. Governing Law; Forum; No Jury Trial
13. Miscellaneous Provisions
14. Attestation Clause (Two Witnesses – Kansas)
15. Self-Proving Affidavit (Optional – Kansas)

1. DEFINITIONS

For purposes of this Will, the following terms shall have the meanings set forth below. Defined terms appear in bold where first used herein.

“Children” means all biological or legally adopted children of mine, whether now living or hereafter born or adopted, and “Issue” means all lineal descendants of mine of every degree.

“Executor” means the Personal Representative of my estate appointed under Section 4, and includes any Successor Executor who may qualify and serve.

“Estate” means the property passing under this Will together with any other property or rights subject to the administration of my probate estate in the State of Kansas.

“Qualified Spouse” means my lawful spouse, [SPOUSE NAME], if married to me at the time of my death.

“Tangible Personal Property Memorandum” means a separate writing signed by me that disposes of items of tangible personal property as authorized by Kansas law.

2. REVOCATION OF PRIOR WILLS & CODICILS

I hereby revoke all prior wills and codicils made by me. This instrument constitutes my entire Last Will and Testament.

3. FAMILY DECLARATION

I declare that I am presently [married to Qualified Spouse / unmarried]. I further declare that I have the following Children now living:
• [CHILD 1 FULL NAME & DOB]
• [CHILD 2 FULL NAME & DOB]

4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 Primary Appointment. I appoint [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Executor of this Will.

4.2 Successor Appointment. If the person named above does not qualify or ceases to serve, I appoint [SUCCESSOR EXECUTOR NAME] as Successor Executor.

4.3 Powers & Duties. The Executor shall administer my Estate promptly and efficiently, with full authority granted under Section 9 of this Will and applicable Kansas probate law, including the duties set forth at K.S.A. 59-1401.

5. DISPOSITION OF TANGIBLE PERSONAL PROPERTY

5.1 Specific Direction by Memorandum. I may leave a Tangible Personal Property Memorandum disposing of individually described items, as authorized by K.S.A. 59-623. That statute permits such a memorandum for tangible personal property not otherwise specifically disposed of by this Will, other than money, evidences of debt, documents of title, securities, and property used in trade or business; the memorandum must be in my handwriting or signed by me and must describe the items with reasonable certainty. The Executor shall distribute eligible items in accordance with that writing. A specific disposition in this Will is not overridden by the Memorandum because K.S.A. 59-623 reaches only property not otherwise specifically disposed of by this Will.

5.2 Remainder of Tangible Personal Property. All tangible personal property not otherwise disposed of shall pass, together with any insurance thereon, to [BENEFICIARY NAME]. If such person predeceases me, the property shall pass pursuant to my Residuary Estate disposition in Section 7.

6. SPECIFIC BEQUESTS

I make the following gifts, free of all taxes and expenses:

a. Cash Gift: The sum of [$______] to [BENEFICIARY NAME].
b. Real Property: My real property located at [LEGAL DESCRIPTION / ADDRESS] to [BENEFICIARY NAME].

Any specific beneficiary who fails to survive me by thirty (30) days shall be deemed to have predeceased me for purposes of that gift.

7. RESIDUARY ESTATE

Subject to the foregoing, I give all the rest, residue, and remainder of my Estate, whether real, personal, or mixed, wherever situated, to [PRIMARY RESIDUARY BENEFICIARY].

7.1 Contingent Disposition. If the above beneficiary does not survive me by thirty (30) days, the Residuary Estate shall pass [in equal shares to my surviving Children, per stirpes / to ALTERNATE BENEFICIARY].

7.2 In Terrorem Clause (No-Contest). Any person who directly or indirectly contests this Will or assists another in contesting it shall forfeit any interest otherwise provided hereunder, and such interest shall pass as if that person had predeceased me without descendants. Consistent with Kansas law, this clause shall not be given effect against a person who contests this Will with probable cause — that is, where evidence exists, at the time the contest is initiated, that would lead a reasonable person, properly informed and advised, to conclude there is a substantial likelihood the contest will succeed. See In re Estate of Wells, 26 Kan. App. 2d 282, 983 P.2d 279 (1999).

8. GUARDIANSHIP OF MINOR CHILDREN

If at my death any of my Children are under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN NAME] as Guardian of the person of such minor Children, and, to the extent a separate fiduciary is needed to manage any property passing to such minor Children, as Conservator of their estates. If the Primary Guardian is unwilling or unable to serve, I nominate [SUCCESSOR GUARDIAN NAME] as successor Guardian and Conservator.

9. FIDUCIARY POWERS; EXECUTOR INDEMNITY & LIABILITY CAP

9.1 Incorporated Powers. The Executor shall have all powers conferred upon a Kansas personal representative under applicable probate statutes, including, without limitation, the powers to sell, lease, exchange, invest, and distribute Estate assets. Pursuant to K.S.A. 59-1413, because this Will expressly authorizes the Executor to sell property, the Executor may exercise that power of sale without an order of the district court, unless a proceeding to contest this Will is then pending.

9.2 Indemnity. The Estate shall indemnify and hold the Executor harmless from any claim, liability, or expense (including reasonable attorneys’ fees) arising out of good-faith administration of the Estate, except for acts of willful misconduct or gross negligence.

9.3 Liability Cap. Any liability of the Executor to interested parties shall be limited to the value of assets actually distributed to such parties, and no personal liability shall attach.

10. NO BOND REQUIREMENT

No bond or other security shall be required of any Executor, Guardian, or Conservator nominated herein, as permitted by K.S.A. 59-1104 (bond may be excused when the will expressly waives it), subject to the district court's authority to require bond at any time on its own motion or upon application of an interested party.

11. ALLOCATION OF TAXES & EXPENSES

All estate, inheritance, and other death taxes (together with any interest or penalties thereon) and all expenses of my last illness, funeral, and Estate administration shall be paid from the principal of my Residuary Estate, without apportionment among the beneficiaries, unless otherwise required by law.

12. GOVERNING LAW; FORUM; NO JURY TRIAL

12.1 Governing Law. This Will shall be construed and enforced in accordance with the laws of the State of Kansas.

12.2 Exclusive Forum. All matters relating to the probate or administration of this Will shall be heard exclusively in the District Court of the county in Kansas in which this Will is admitted to probate, sitting in probate pursuant to K.S.A. Chapter 59 and the venue provisions of K.S.A. 59-2203. Kansas does not maintain a separate probate court; probate matters are heard by the district court of the proper county.

12.3 No Jury Trial. To the fullest extent permitted under Kansas law, any probate proceeding concerning this Will shall be tried to the court without a jury.

13. MISCELLANEOUS PROVISIONS

13.1 Headings. Captions are for convenience only and shall not affect the interpretation of this Will.

13.2 Survivorship Presumption. Unless otherwise provided, a beneficiary must survive me by thirty (30) days to take under this Will.

13.3 Severability. If any provision of this Will is determined invalid, the remaining provisions shall remain in full force to the extent consistent with my intent.

14. ATTESTATION CLAUSE

Signed this ___ day of __________, 20___, at [CITY], Kansas.

I, [TESTATOR FULL LEGAL NAME], declare this instrument to be my Last Will and Testament, and I sign it willingly in the presence of the undersigned witnesses.

_____________________________
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned witnesses, declare that the Testator, who appeared to us to be of sound mind and over eighteen (18) years of age, signed and declared this instrument to be the Testator’s Last Will and Testament in our presence, and we, at the Testator’s request and in the Testator’s presence and in the presence of each other, subscribe our names as witnesses on the date and at the place set forth above.

Witness #1: _____________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

Witness #2: _____________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

15. SELF-PROVING AFFIDAVIT (OPTIONAL)

State of Kansas )
County of ______________ )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all of whom being duly sworn, declared to me that:

a. The Testator executed the foregoing instrument as the Testator’s Last Will and Testament.
b. Each witness, in the presence of the Testator and of each other, signed the Will as a witness.
c. To the best knowledge of each witness, the Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

_____________________________
[NOTARY PUBLIC SIGNATURE]
Notary Public, State of Kansas
My Commission Expires: ___________

[NOTARY SEAL]

END OF DOCUMENT