A will is a legal document that states how you want your assets distributed after you pass away. In Kansas, a valid will must be written, signed by the person making it, and witnessed by at least two people. Without one, the state decides who receives your property, who raises your children, and who manages your estate, and those decisions may not reflect your wishes at all.
At Full Circle Estate Planning and Probate, LLC, our attorneys take a thoughtful, client-centered approach to every will we help create. We know this process can bring up difficult emotions, and we go the extra mile to make sure you feel heard, informed, and confident in every decision. If you are ready to get started, contact us today or call (316) 290-9534 for a free consultation.
Why Full Circle Estate Planning and Probate, LLC Goes the Extra Mile for You
Creating a will is one of the most personal things you can do for the people you love. Our attorneys do not treat it as a transaction. We take the time to understand your family, your concerns, and your goals before we draft a single word. Every client receives one-on-one attention throughout the entire process, and we make sure you understand what your will does and why it is written the way it is.
We work with individuals and families across Kansas who are in some of life’s most meaningful moments:
- Growing families
- Aging parents
- Blended households
- Small business ownership
Whatever your situation, we take the time to make sure every decision feels right for your family. We also go further than most firms do.
Full Circle refers clients to grief counseling services and has even been known to show up with homemade cookies, because we genuinely care about the people we work with, not just the paperwork. Our phone is answered 24/7, so you never have to wait to get your questions answered.
What a Will Can and Cannot Do
A will is a powerful document, but it has defined boundaries. Before drafting one, it helps to understand what it covers and where other planning tools may need to fill the gaps.
A will can address:
- Who receives your property and personal belongings
- Who serves as the personal representative (executor) of your estate
- Who becomes the guardian of your minor children
- Any specific gifts or charitable donations you want to make
- Instructions for paying outstanding debts and final expenses
A will does not control:
- Assets held in a trust
- Life insurance proceeds with a named beneficiary
- Retirement accounts with a named beneficiary
- Property held in joint tenancy with right of survivorship
- Payable-on-death or transfer-on-death accounts
A will is a foundational part of your estate plan, but it is far from the only document your family will need. We can help you think through the full picture.
What Makes a Will Valid in Kansas
Kansas has clear requirements for a will to be legally enforceable under K.S.A. § 59-606. If any of these elements are missing, the document may be rejected during the probate process.
To be valid in Kansas, a will must:
- Be in writing (handwritten or typed)
- Be signed by the person making the will (the testator)
- Be witnessed by at least two competent witnesses who saw the testator sign or heard them acknowledge the will
- Include the signatures of both witnesses on the document
Kansas does not recognize handwritten (holographic) wills unless they are drafted in another state that does. Even then, these carry a much higher risk of being challenged.
What Happens to Your Estate Without a Will
If you pass away without a will in Kansas, your estate is considered “intestate.” This means the state distributes your assets according to a fixed formula under K.S.A. §§ 59-504 to 59-514, regardless of your actual wishes.
Under intestate succession in Kansas, your assets generally pass to your closest relatives in this order:
- Spouse
- Children
- Parents
- Siblings
- So on down the family line
If you have a blended family, an unmarried partner, close friends, or charitable causes you care about, none of them will receive anything under the default rules. A will is the only way to make sure your estate reflects your values and your relationships.
The probate process also becomes more complicated and time-consuming without a will in place. Acting now spares your family added expense and delay during an already painful time.
Frequently Asked Questions About Wills in Kansas
Can I Write My Own Will in Kansas?
Yes, Kansas allows handwritten wills, but they carry real risks. A handwritten will that is missing key language or is improperly dated can be challenged or thrown out entirely. Having an attorney draft your will helps make sure it holds up when your family needs it most.
Can I Change My Will After It Is Signed?
You can update your will at any time while you are alive and of sound mind. Changes are typically made through a separate document called a codicil, or by revoking the old will and drafting a new one. Major life events like marriage, divorce, or the birth of a child are good reasons to revisit yours.
Does a Will Avoid Probate?
No. A will still goes through the Kansas probate process after you pass away. Probate is the court-supervised process of validating your will and distributing your estate. If avoiding probate is a priority, tools like a revocable living trust may be worth discussing alongside your will.
Can a Beneficiary Be My Witness?
Kansas does not prohibit a beneficiary from serving as a witness, but doing so sometimes puts their entire inheritance at risk. If a beneficiary witnesses the will and there are not two other disinterested witnesses, their gift under the will will be voided under K.S.A. § 59-604, unless they would have inherited under intestacy rules, in which case they may still receive up to that amount. To make things simple, many people choose witnesses who are not named in the will.
Take the Next Step With Full Circle Estate Planning and Probate, LLC
Your will is one of the most meaningful things you can leave behind for the people you love. At Full Circle Estate Planning and Probate, LLC, we are here to help you get it right with genuine care for your situation. Our phone is answered around the clock, and your first consultation is free. Contact us today or call (316) 290-9534 to get started.
