How to Make a Will in Kansas: Laws, Costs & Steps

Kansas Statutes Annotated § 59-606 sets out the formal requirements for a valid will. You must be at least 18 years old and of 'sound mind.' The will must be in writing — oral wills are not recognized in Kansas for real property under any circumstance. You must sign it yourself, or direct another person to sign in your presence if you're physically unable to do so.

Two witnesses are required. Both must be present at the same time when you sign, and both must sign the will in your presence. Kansas does not require notarization for a will to be valid — but a self-proving affidavit, which does require a notary, is worth adding. It allows the will to be admitted to probate without the witnesses having to appear in court, which matters enormously when your estate is being administered years later and one witness has moved or died.

Holographic wills — entirely handwritten and signed by the testator, without witnesses — are not valid in Kansas. Every time I've seen a family contest a Kansas estate, at least one person shows up with a handwritten note from the deceased claiming it's a valid will. It isn't. Kansas rejected holographic wills when it codified its probate code, and there's no equitable exception.

Any competent adult can serve as a witness. Kansas law doesn't automatically invalidate a will if a beneficiary serves as a witness, but it does create what's called an 'interested witness' situation. Under K.S.A. § 59-608, a witness who is also a beneficiary may be required to forfeit their bequest unless there are at least two other disinterested witnesses. In practice: never use a beneficiary as a witness if you can avoid it. The risk isn't theoretical — it's a frequent source of litigation.

Use a neighbor, a coworker, your attorney's paralegal — anyone with no financial stake in the estate. Two witnesses, both present simultaneously, neither a beneficiary. That's the clean approach.

Here's the honest comparison. A DIY online will (LegalZoom, Trust & Will, etc.) costs roughly $30–$200. An attorney-drafted will in Kansas typically runs $300–$600 for a simple will, and $700–$1,500+ for a will paired with a durable power of attorney, healthcare directive, and pour-over trust provisions. The upfront price difference is real.

What the comparison hides: a DIY will that fails formal execution requirements — wrong witness procedure, ambiguous language, or a poorly drafted residuary clause — can trigger contested probate. Contested probate in Kansas can cost $5,000–$25,000 or more in attorney fees, and the process can stretch 12–24 months. The $170 you saved on the will can cost your heirs five figures.

Option A vs. Option B, plainly stated: a DIY will saves $300–$500 upfront but exposes your estate to a litigation risk that, if triggered, costs 20–50x more. The break-even math only favors DIY if your estate is simple (no real property, no minor children, no blended family, no business interests) and you execute it with perfect procedural compliance. Most people's situations are more complicated than they think.

Dying without a valid will in Kansas means your estate passes under the intestacy statutes (K.S.A. § 59-501 through § 59-514). The state has a fixed hierarchy: surviving spouse, then descendants, then parents, then siblings, and so on. If you're unmarried with a long-term partner, that partner receives nothing under intestacy. Not a dime. This is the outcome a will is specifically designed to prevent.

Kansas requires probate for estates that include real property or assets over $40,000 that aren't otherwise titled (jointly held, beneficiary-designated, or in trust). The Kansas judicial system handles probate through district courts, and filing fees typically run $150–$400 depending on estate size. Attorney fees for probate administration in Kansas are not set by statute — they're negotiated, but common practice in the state runs roughly 2–4% of gross estate value for straightforward administrations.

A $300,000 estate moving through contested probate can see $9,000–$12,000 in baseline administration fees before any disputes arise. Add a contest and you can triple that figure quickly.

Attorneys and online services both advertise the drafting cost. What neither mentions prominently:

• Safe storage: If your original will can't be located after death, it's presumed revoked in Kansas. A fireproof safe ($50–$200) or attorney document storage ($25–$75/year) isn't optional — it's part of the real cost.
• Updates over time: A will drafted when you had no children and rented an apartment is a liability when you have two kids and own a house. Most estate planning attorneys recommend reviewing your will every 3–5 years or after any major life event. Each update runs $150–$400.
• Self-proving affidavit: This costs essentially nothing at time of drafting (a notary's time) but can save your estate $500–$2,000 in witness-location costs at probate. Skipping it is a false economy.
• Ancillary documents: A will only controls probate assets. Retirement accounts, life insurance, joint tenancy property — these pass outside your will entirely. If your beneficiary designations are outdated, your will can't fix them. Reviewing beneficiary designations typically costs $0 if you do it yourself, but an attorney review of your full asset picture runs $200–$500 and is worth it for estates over $100,000.

The advertised price for making a will is the starting number, not the complete picture.

• Safe storage for the original document: $50–$200 one-time or $25–$75/year with an attorney
• Will updates every 3–5 years or after major life events: $150–$400 per revision
• Self-proving affidavit (notarization): minimal cost at drafting, significant savings at probate
• Beneficiary designation review: $0 DIY, $200–$500 for attorney review of full asset picture

Kansas has a statutory elective share under K.S.A. § 59-6a202. A surviving spouse who is disinherited or left less than their statutory share can elect against the will and claim a portion of the 'augmented estate' — a figure that includes probate assets, certain non-probate transfers, and the surviving spouse's own property. You cannot fully disinherit a spouse in Kansas without a valid prenuptial or postnuptial agreement.

Kansas also recognizes a pretermitted heir doctrine under K.S.A. § 59-615. If you have a child born after your will was executed and the will doesn't account for that child, the child may be entitled to an intestate share regardless of what the will says. This catches people who draft a will early, have children, and never update the document.

One more state-specific note: Kansas does allow transfer-on-death deeds (TOD deeds) for real property under K.S.A. § 59-3501 et seq. This can transfer your home to a named beneficiary without probate entirely — a meaningful planning tool that some estates can use in place of, or alongside, a will. Worth discussing with an attorney if real property is your primary asset.

The sequence matters here, not just the checklist. Do these steps in order, and don't skip the execution ceremony under the assumption that 'close enough' counts.

• Draft the document — either through an attorney or a reputable online service with Kansas-specific templates. Generic templates not tailored to Kansas statutes are a known failure point.
• Choose two disinterested witnesses — adults with no beneficial interest in your estate. Confirm their willingness before the signing appointment.
• Sign in front of both witnesses simultaneously — both witnesses must see you sign. Do not sign the will beforehand and then ask witnesses to sign later. That order of events is invalid.
• Have both witnesses sign in your presence — same room, same sitting. This is the procedural requirement that most DIY failures violate.
• Execute a self-proving affidavit before a notary — ideally in the same sitting. This adds roughly 10 minutes and whatever your county's notary fee is (typically $5–$15).
• Store the original securely — tell your executor exactly where it is. Consider filing a copy with the probate court (Kansas allows this under K.S.A. § 59-618a) for a nominal fee.

According to Cornell Law School's Legal Information Institute, execution formalities — the signing and witnessing procedure — are the most common technical grounds for will contests across all U.S. jurisdictions. Kansas is not an exception to that pattern.

• Draft the document using Kansas-specific language and templates
• Choose two disinterested witnesses with no beneficial interest in your estate
• Sign in front of both witnesses simultaneously — order of signing matters
• Have both witnesses sign in your presence immediately after
• Execute a self-proving affidavit before a notary in the same sitting
• Store the original securely and inform your executor of its location