Kansas Last Will and Testament

Yes. Kansas Code §59-606 recognizes holographic wills that are written entirely in the testator's own handwriting and signed. No witnesses or notarization are required for holographic wills. However, any printed or typed portion invalidates the holographic will. A properly witnessed typed will is always preferable and easier to probate.

No. Kansas repealed its estate and inheritance tax in 2010. Only the federal estate tax (over approximately $13.6 million per person in 2024) applies. This is favorable for Kansas residents with larger estates who would have faced both federal and state death taxes in prior years.

Under K.S.A. §59-6a201 et seq., a surviving spouse may elect against the will and claim a share of the augmented estate. The elective share in Kansas is calculated based on the length of the marriage (up to 50% of the augmented estate for marriages of 15+ years). The election must be made within 6 months of the will's admission to probate.

Kansas probate typically takes 6–12 months for straightforward estates. The estate must remain open for at least 6 months to allow creditors to file claims (K.S.A. §59-2239). Complex estates with disputes, multiple properties, or contested wills can take 2+ years. Small estates under $25,000 may qualify for simplified affidavit procedures (K.S.A. §59-1301).