Kansas Wills, Trust, and Probate

Planning for your incapacity or death can be overwhelming. But, it is essential that you put together a good estate plan in order to protect your family and other loved ones after you are gone. You should discuss creating an estate plan with a Kansas estate planning attorney in order to decide which documents should be a part of your estate plan. An estate plan may include, for instance, a trust, will, durable power of attorney, advanced care directive, and/or healthcare surrogate designation.

Update your estate documents upon the occurrence of major life changes and events, including, but not limited to, marriage, birth, retirement, death, or divorce. A Kansas estate planning lawyer can help you understand how to modify your estate plan to incorporate these changes.

Kansas Will

Word choice in your will is very important. Kansas law requires you to follow wording requirements for your will to be proper. Your property and money may not be disbursed exactly as you would like if these requirements are not met. In addition to correct wording, for a proper will in Kansas you also need:

1. Witnesses: Two witnesses who do not benefit under the will must watch the testator acknowledge his signature on his will, or sign the will. The witnesses must then sign the will in the testator’s presence.
2. Notarization: No notarization of a will in Kansas is required. You should consider having your witnesses sign an affidavit in front of a notary swearing that they signed your will and that they witnessed you sign your will. If you do so, your will is self-proving and your witnesses will not have to later be located to attest to your will in court. Finding the original witnesses to attest to the will years later can be a time consuming process, as they may have moved or died.

A Kansas will attorney can check to make sure that you have met the required will formalities in Kansas, and that your will is correctly worded to ensure the distribution of assets according to your desires.

Changing a Will in Kansas

Kansas permits the testator to change his will at any time by either:

1. Canceling (revoking) his old will and drafting a new will. The testator can cancel his will by stating in writing his intent to cancel the old will, or by completely destroying his old will.
2. Amending or modifying his will by creating a codicil. Codicils are generally written on a separate piece of paper and attached to the old will.

Talk to a Kansas wills lawyer about any changes you make to your will to make sure that you have met the wording requirements and formalities for wills required by Kansas law.

Kansas Trust

A trust is an alternate way to allocate and dispense your assets after your death. Trusts in Kansas offer savings on estate taxes, the chance to avoid probate, adaptability and confidentiality. There are several kinds of trusts, including charitable, educational, living (inter vivos), special needs, and life insurance. Trusts can also be revocable or irrevocable depending on your preference. Trusts are complex to set up, and it is recommended that you hire a Kansas trust lawyer to help you with the process.

Kansas Probate

If a Kansas citizen leaves a will, property mentioned in the will must go through the probate process. Property not set aside for a specific individual will pass through “intestate succession.” Each person’s blood relationship to the deceased is significant in property allocation.

In Kansas, if a testator’s will is not clear, or if the decedent’s property is not designated for particular individuals and thus passes by intestate succession, potential beneficiaries may ask the probate court for a declaration of rights concerning the property (i.e.-who should receive the property and how many shares).

Kansas allows an interested party to file a Small Estate Affidavit if the estate is worth less than $40,000.

The following familial relationships have considerable importance in the allocation of property by intestate succession in Kansas:

1. Spouses
2. Descendants (whether adopted, half blood, after-born, or born out of wedlock)
   1. Children
   2. Grandchildren
3. Parents
4. Brothers and sisters
5. Grandparents
6. Uncles, aunts

• Assets that avoid probate:
  • jointly held property –houses, bank accounts, or cars, ownership of which is shared by the decedent and other persons. Upon the death of the decedent, the decedent’s ownership interest in the property is automatically transferred to the other owners;
  • non-probate assets –the trust or will specifically designates a clear beneficiary for the decedent’s money and/or property; and,
  • contract assets –property set aside pursuant to an agreement for a particular individual. This category includes life insurance policies, IRAs, and living trusts, among others.

A will may be contested long after its construction. Because the possibility of a challenge to your will is omnipresent, you should talk to a Kansas probate attorney about any concerns or questions you may have about your will.

Kansas Statutes

Kansas Code, Chp. 59 – Probate Code

1. Probate Code: Wills
   • Kansas Code, Chp. 59, Art. 6.
2. Probate Code: Intestate Succession
   • Kansas Code, Chp. 59, Art.5.
3. Probate Code: General Provisions
   • Kansas Code, Chp. 59, Art. 1.
4. Probate Code: Administration of Estates
   • Kansas Code, Chp. 59, Art.22.
5. Kansas Trust Code
   • Kansas Code, Chp. 58a, Arts. 1-11.