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Kansas Estate Planning Basics
Pillar GuideKansas31 min read

Kansas Estate Planning Basics

Kansas estate planning takes four documents: a will with two witnesses, a power of attorney durable only if you say so, and two health care papers.

By Settled Editorial

Kansas estate planning runs on four documents. A will decides who inherits and who serves as executor. A financial power of attorney covers your money while you are alive and unable to act. Health care takes two separate papers rather than one, because Kansas never combined them. A trust is optional and sits on top of the other three.

Every rule below was read in the Kansas Statutes Annotated at the Office of Revisor of Statutes, and each section was then checked against the Secretary of State's amended and repealed index for the 2023 through 2026 sessions. Kansas keeps this law in three chapters and the split matters when you go looking. Wills and the guardianship act sit in Chapter 59, the Kansas probate code. Powers of attorney, health care agents, trusts and digital assets sit in Chapter 58, personal and real property. The living will sits in Chapter 65, public health. Probate itself is heard by the district court in each of the 105 counties.

This guide is the map. Each section states the Kansas signing rule, names the trap that catches people who read national advice, then points at the deeper guide.

The Four Documents at a Glance

DocumentWhat it controlsWhen it worksKansas signing rule
WillWho inherits probate property, who serves as executorAfter deathWriting, signed at the end, plus two competent witnesses (K.S.A. 59-606). No notary route, no handwritten wills
Durable power of attorneyYour money and property while you are aliveOn signing, or on a trigger you nameSigned, dated and acknowledged before a notary, plus durability wording (K.S.A. 58-652)
Declaration (living will)Whether life-sustaining procedures continue in a terminal conditionOnce two physicians certify a terminal conditionWriting, signed, dated, plus two qualifying witnesses or a notary (K.S.A. 65-28,103)
Health care agentWho speaks for you on medical care generallyOn your impairment, as the attending physician determinesDated, signed before two qualifying witnesses or acknowledged before a notary (K.S.A. 58-629)
Revocable trust (optional)Assets you actually retitle into itOn signing, and at death for funded assetsKansas uniform trust code, K.S.A. 58a-101 et seq.

1. A Kansas Will

K.S.A. 59-606 sets one route and Kansas offers no alternative to it. The will has to be in writing and signed at the end by you, or by someone else in your presence and at your express direction. Two or more competent witnesses then attest and subscribe it in your presence, and each of them must either have watched you sign or have heard you acknowledge the will.

Two things people expect to find here are missing. Kansas has no holographic will statute, so writing the whole page in your own hand buys the document nothing. And Kansas has no notary-only route: a notarized will with no witnesses fails. The notary enters through the optional self-proving affidavit instead, which K.S.A. 59-606 lets you add at the signing or at any later date during the lifetimes of the testator and the witnesses. Self-proving is worth the extra fifteen minutes, because a self-proved will goes to probate without a subscribing witness having to testify.

Kansas does keep a narrow oral will. K.S.A. 59-608 recognizes one made in the last sickness, for personal property only, when the speaker called on someone present to bear testimony, and only if two competent disinterested witnesses reduce it to writing and subscribe it within thirty days. Treat that as a rescue provision rather than a plan.

The revocation rule catches more Kansas families than any other line in the chapter. Under K.S.A. 59-610, if you marry after making a will and then have a child by birth or adoption, the will is revoked in full. Not the spousal gifts, the whole document. Divorce is narrower and revokes only the provisions in favor of the divorced spouse. So marriage plus a first child is a rewrite trigger, and a stale will from before either event may already be gone.

One small convenience worth using: K.S.A. 59-623 lets your will point at a separate written list disposing of tangible personal property, other than money, evidences of debt, documents of title, securities and property used in a trade or business. The list has to be in your handwriting or signed by you and describe items with reasonable certainty, and you may rewrite it later without touching the will. Start with making a valid Kansas will, and see what happens to property with no will at all in Kansas intestate succession.

2. A Financial Power of Attorney, Durable Only If You Say So

This is the section where national advice goes wrong in Kansas. Most modern states make a power of attorney durable by default, so the document survives the disability it was written for unless you opt out. Kansas runs the opposite way.

K.S.A. 58-652(a) makes durability opt-in and takes three things together. The document has to be denominated a "durable power of attorney". It has to include a provision stating in substance one of the two sentences the statute prints, the first of which reads "This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive." And it has to be signed by you, then dated and acknowledged in the manner prescribed by the revised uniform law on notarial acts. Notarization is a condition of durability in Kansas, not the presumption-of-genuineness convenience it is elsewhere.

Get any of the three wrong and the document is nondurable. K.S.A. 58-657(c) then suspends the attorney in fact's authority during any period you are disabled to the extent that you cannot receive or evaluate information or communicate decisions, which is the exact moment the document was supposed to work.

Two more Kansas details. K.S.A. 58-652(e) allows a springing power that takes effect on a future date, a future event or a stated condition, and it prescribes no physician certification: a person shown the document may rely on an affidavit from the attorney in fact stating that the event happened. And K.S.A. 58-652(f) treats a power of attorney executed on or after July 1, 2021 as sufficient where it closely follows the form the Kansas Judicial Council sets out, which the same subsection directs the council to develop.

The vocabulary is old-fashioned on purpose. Kansas never enacted the Uniform Power of Attorney Act, so its statute says "attorney in fact" throughout and never says "agent". Watch the divorce rule too: under K.S.A. 58-657(b)(3), filing an action for annulment, separate maintenance or divorce between you and a spouse serving as your attorney in fact ends that authority unless the document provides otherwise. The full walkthrough is in a durable power of attorney.

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3. Two Health Care Documents, Not One

Kansas splits medical planning across two chapters and two instruments, and the two do different jobs on different triggers. Signing one and calling it done leaves a hole.

The declaration, or living will, lives at K.S.A. 65-28,103. It is instruction only and names no decision maker. It directs that life-sustaining procedures be withheld or withdrawn in a terminal condition, and K.S.A. 65-28,102 defines the terms tightly: a life-sustaining procedure is one that would serve only to prolong the dying process, expressly not including medication or a medical procedure deemed necessary for comfort care or pain relief, and you become a qualified patient only when two physicians who have personally examined you certify a terminal condition in writing, one of them the attending physician. Execution takes four steps: writing, your signature or one made in your presence at your expressed direction, a date, and then either two witnesses at least 18 years old who clear the statutory bars or acknowledgment before a notary public.

The health care agent is a durable power of attorney for health care decisions under K.S.A. 58-625 through 58-632. K.S.A. 58-625 supplies the durability wording the document must carry, and K.S.A. 58-629(a) sets what the agent may do: consent to, refuse or withdraw consent to care, treatment, services or procedures, make arrangements at hospitals and nursing homes, hire and discharge health care personnel, and obtain your medical records. K.S.A. 58-629(e) offers the same either-or execution, two qualifying witnesses or a notary, and its witness bar runs wider than the living will bar in two ways: the agent may never witness, and adoption joins blood and marriage on the disqualifying list.

Three sentences in K.S.A. 58-629 decide how the two documents interact. The agent's powers do not take effect until your impairment, as your attending physician determines it, unless the document says otherwise. The agent may not revoke or invalidate a declaration you already made under the natural death act. And under K.S.A. 58-629(d) your treating health care provider, that provider's employees, and an owner, director, officer or employee of the facility caring for you cannot serve as your agent, unless they are related to you by blood, marriage or adoption or belong to the same religious community.

A third document rounds out the set for people with serious illness. The pre-hospital do not resuscitate directive at K.S.A. 65-4943 is the one Kansas advance instrument that needs only a single witness, and it offers no notary alternative at all. Read a living will and a health care agent before you sign either one.

What Kansas Decides If You Sign Nothing

For your property, Kansas intestacy fills the gap. For your medical care, nothing does.

Kansas has no default surrogate or family consent statute. No section ranks your spouse, then your adult children, then your parents as the people who may speak for you. K.S.A. 59-30,155(e)(1) goes further than silence: no court, guardian or any person has authority to decide, on behalf of an adult who is legally incapable of making health care decisions, to withhold or withdraw life-saving or life-sustaining care, except on the two grounds that subsection lists. So the fallback in Kansas is a district court, not the nearest relative, and getting there takes a guardianship petition under the Kansas uniform guardianship, conservatorship and other protective arrangements act at K.S.A. 59-30,101 through 59-30,212.

That act is new. It took effect on January 1, 2026 and replaced K.S.A. 59-3050 et seq., which the revisor now prints as repealed. Any Kansas guardianship material citing the 59-3050 range describes law that no longer applies, and the difference is one comma: 59-3068 is dead, 59-30,149 is live.

Naming a Guardian, for Your Children and for Yourself

Parents get a strong nomination right. Under K.S.A. 59-30,133(b)(1) the court shall appoint the person a parent nominated as guardian in a will or other record, unless it finds the appointment contrary to the child's best interest. If two parents nominated different people, K.S.A. 59-30,133(b)(2) has the court pick between them on the same standard, and where neither of those produces an appointment, K.S.A. 59-30,133(b)(3) has the court appoint the person a child of 12 or older nominated, again unless that is contrary to the child's best interest. K.S.A. 59-30,134 adds a standby guardian, nominated in a signed record and revocable any time before the court appoints, which suits a deployment, a hospital stay or any other foreseeable period away.

Adults can nominate too, and the strongest place to do it is the health care document. K.S.A. 58-627(b) says the court shall appoint in accordance with your most recent nomination made in a durable power of attorney for health care decisions, except for good cause or disqualification. K.S.A. 59-30,149(a)(2) reinforces it from the other side by putting a person you nominated, including in a power of attorney, second in the court's priority order, ahead of your spouse at (a)(4).

One 2026 change belongs here because it is not yet in the published code. Kansas Session Laws 2026, chapter 44, approved April 6, 2026, added K.S.A. 59-30,149(f): where the adult has a cognitive impairment or a diagnosis of Alzheimer's disease, dementia or a similar neurological condition, the court shall not appoint a guardian until that person completes a training program approved by the secretary for aging and disability services, who also keeps the list of approved programs, and verifies completion by filing an affidavit with the court. The court may waive the requirement, acting in the respondent's best interest, and must enter the waiver in the record. The (a) priority order itself did not change. More on the appointment process in naming a guardian.

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4. A Trust, When It Earns Its Place

Kansas is a Uniform Trust Code state. K.S.A. 58a-101 names the Kansas uniform trust code, effective January 1, 2003, and K.S.A. 58a-1106(a)(1) applies it to trusts created before, on or after that date. National trust writing lands closer to the mark here than it does on Kansas wills or powers of attorney.

Two provisions repay reading before you sign anything. K.S.A. 58a-602(a) makes a trust revocable unless its terms expressly provide that it is irrevocable, and then carves out an exception that catches older families: that default does not apply to a trust created under an instrument executed before January 1, 2003, so the law in force when that instrument was signed decides instead. K.S.A. 58a-602(e) matters for coordination, because your attorney in fact may exercise your powers to revoke, amend or take distributions only to the extent your power of attorney expressly authorizes it. A durable power of attorney that never mentions the trust cannot touch it.

Kansas also has a pet trust with no dollar cap and no duration cap. K.S.A. 58a-408 lets a trust provide for an animal alive during your lifetime, terminating on the death of the last surviving animal, and gives a court the power to trim property that exceeds the intended use.

The newest development has no K.S.A. numbers yet. Kansas Session Laws 2026, chapter 98, approved April 9, 2026, enacted the Kansas community property trust act, an opt-in vehicle in which married settlor spouses may hold property as community property. Section 11 of that same act is the piece with the wider reach: the terms of a governing instrument may now expand, restrict, eliminate or otherwise vary any laws of general application to fiduciaries, trusts and trust administration, including a beneficiary's right to be informed of an interest in a trust. The act then amended K.S.A. 58a-505, 58a-813 and 58a-816 to match, which is why the trustee's duty to keep qualified beneficiaries reasonably informed now reads "unless the governing instrument instructs otherwise". Kansas remains a separate-property state; nothing becomes community property unless spouses transfer it into a conforming trust. Weigh the trade-offs in whether you need a trust, and see providing for a pet for the animal version.

The House Has Its Own Route

Kansas has had a statutory real-property transfer-on-death deed since 1997, at K.S.A. 59-3501 through 59-3507, and for many families it does the work people expect a trust to do.

K.S.A. 59-3502 sets the mechanics: execute, acknowledge and record the deed with the register of deeds in the county where the real estate sits, before the owner's death, in the form the statute prints or one close to it, carrying its all-capitals legend that the deed is revocable, transfers no ownership until the owner's death, and revokes all prior beneficiary designations for that interest. The abbreviation TOD may stand in for the words. The beneficiary signs nothing and need not be told.

Two consequences separate a Kansas transfer-on-death deed from the alternatives. K.S.A. 59-3503(c) says a recorded deed may not be revoked by a will, so changing your mind means recording a revocation or a later deed, not editing your estate plan. And K.S.A. 59-3504(b) has the beneficiary take subject to the conveyances, mortgages, liens and security pledges the owner made or was subject to in life, and it names claims of the State of Kansas for medical assistance under K.S.A. 39-709 among them. The deed avoids probate. It does not put the house beyond Medicaid estate recovery. Compare it with survivorship title and a funded trust in the mechanisms that skip probate.

Your Online Accounts Follow a Different Rule

Kansas adopted the revised uniform fiduciary access to digital assets act (2015) at K.S.A. 58-4801 through 58-4819, effective July 1, 2017, and it puts a setting inside a website ahead of your legal documents.

K.S.A. 58-4804(a) says that where a custodian offers an online tool that lets you modify or delete your direction at all times, a direction you give through that tool overrides a contrary direction in a will, trust, power of attorney or other record. Only if you never used an online tool, or the custodian never offered one, does K.S.A. 58-4804(b) let your will, trust or power of attorney speak. Set the legacy contact, then match it to your documents. The account settings win. K.S.A. 58-4816 then gives a custodian 60 days after receiving the required information to comply, which is worth knowing by whoever will serve as your executor.

No Kansas Estate Tax and No Kansas Inheritance Tax

Kansas ran two successive estate taxes and repealed both. The 1998 act applied to deaths after June 30, 1998 and before January 1, 2007. Its successor applied to deaths after December 31, 2006 and before January 1, 2010. Two live sections close the door on late filings: K.S.A. 79-15,146 limits the earlier act to estates for which a return was filed before January 1, 2017, and K.S.A. 79-15,254 limits the later one to estates for which a return was filed before January 1, 2020, providing that no liability accrues to the estate or its distributees where none was filed by that date.

Kansas charges no inheritance tax now either, so nothing in Kansas law today asks how closely a beneficiary was related to you. It did charge one once, long enough that an older relative may remember paying it: the revisor prints the whole of the old inheritance tax article, K.S.A. 79-1501 and the sections after it, as repealed. The two estate taxes above are what replaced it, and they are repealed too. The federal estate tax still exists and reaches only very large estates, and the exclusion amount for the year of death is a federal figure indexed annually, so confirm it with the IRS rather than from any state page. Whether tax is a concern at all works through the federal side.

Your Spouse Cannot Be Written Out

A Kansas will can disinherit almost anyone except a surviving spouse. K.S.A. 59-6a202 sets an elective share of the augmented estate on a fifteen-year sliding scale tied to the length of the marriage, running from a supplemental amount only for a marriage under one year up to 50% at fifteen years or more, with a $100,000 supplemental amount and periods of marriage to the same person added together. Homestead and family allowances come in addition to the elective share rather than being charged against it.

One more default worth knowing when you name beneficiaries. K.S.A. 58-709 imposes a 120-hour survival requirement under the probate code: where title, devolution, the right to elect or the right to exempt property, homestead or a family allowance turns on surviving another person, someone not shown by clear and convincing evidence to have survived by 120 hours is treated as having died first. Simultaneous-death language in your documents can override that, and it should be a deliberate choice.

Signing Electronically: One Answer for the Will, a Different One for the Rest

The will has a clear answer and it is no. K.S.A. 16-1603(b)(1) withholds the Kansas uniform electronic transactions act from any transaction governed by a law on the creation and execution of wills, codicils or testamentary trusts, and Kansas has enacted no electronic wills act to fill that space. So an electronically signed Kansas will has no statutory footing, and remote video witnessing has none either. Paper, ink, two witnesses in the room.

The other documents sit outside that carve-out, and the pieces of an electronic route do exist. K.S.A. 16-1607(c) and (d) say an electronic record satisfies a law requiring a writing and an electronic signature satisfies a law requiring a signature, and K.S.A. 16-1611 satisfies an acknowledgment requirement through the electronic signature of the officer authorized to take it. On the notary's side, K.S.A. 53-5a21 lets a notary public perform notarial acts on electronic records using a tamper-evident technology, after notifying the secretary of state and completing the required course and examination, and it lets a register of deeds accept a tangible copy of such a record for recording where the notarial officer certifies the copy is accurate. K.S.A. 53-5a15 goes one step further and lets a Kansas notary act for a remotely located individual over two-way audio-visual technology, with identity proofing and a recording kept for at least ten years.

Two cautions before you plan around any of that. The electronic transactions act reaches records "relating to a transaction", which K.S.A. 16-1602 defines as actions between two or more persons in business, insurance, health care, commercial or governmental affairs, and no Kansas section settles whether a one-sided document such as a durable power of attorney lands inside that definition. And both notarial routes take a separate notification to the secretary of state, so plenty of notaries offer neither. Combining those statutes into a yes is a conclusion no Kansas section states, which is why paper and ink remain the safe default for every document on this page. A durable power of attorney works through the same three statutes in more detail.

Where to Start

  1. List what you own and how it is titled. Titling decides more than a will does. Joint accounts, retirement plans, life insurance and a recorded transfer-on-death deed all pass outside probate on their own terms.
  2. Decide the four people. Who inherits, who serves as executor, who handles money during your incapacity, and who speaks for your medical care.
  3. Check your beneficiary designations. Retirement accounts and policies follow the form on file with the company. A stale designation quietly outranks a fresh will.
  4. Sign the will to K.S.A. 59-606. Two competent witnesses, signature at the end, and add the self-proving affidavit while everyone is in the room.
  5. Denominate the power of attorney durable, carry the statutory sentence, and get it notarized. Two of those three are not enough.
  6. Sign both health care documents. The declaration handles a terminal condition, the agent handles everything else, and Kansas leaves nobody in charge if you sign neither.
  7. Decide about the house. A recorded transfer-on-death deed, survivorship title or a funded trust each handle it differently, and the deed has to reach the register of deeds before death.
  8. Set your online-tool legacy contacts, because K.S.A. 58-4804(a) makes that setting outrank your will.
  9. Nominate a guardian for your children in a signed record, and nominate your own guardian inside the health care power of attorney.
  10. Store the originals somewhere findable and say where. Then review after any marriage, divorce, birth, adoption, death, move into or out of Kansas, or a large change in what you own. Marriage plus a child revokes a Kansas will outright.

When to Bring in a Kansas Attorney

A straightforward plan is a reasonable do-it-yourself project. Bring in a licensed Kansas attorney when you have a blended family, a child with a disability, a farm or a business, mineral interests, real property in more than one state, an estate near the federal exemption, or any reason to expect a fight. Call sooner if a family member is already losing capacity, because the window for signing anything closes with the capacity to sign it, and the alternative is a guardianship petition in the district court.

Frequently Asked Questions

What documents does a Kansas estate plan need?

Four, and the fourth is optional. A will under K.S.A. 59-606 decides who inherits your probate property and who serves as executor. A durable power of attorney under the Kansas power of attorney act, K.S.A. 58-650 through 58-665, covers your money if you cannot act for yourself. Health care takes two documents rather than one: a declaration under the natural death act at K.S.A. 65-28,103 and a durable power of attorney for health care decisions at K.S.A. 58-625 through 58-632. A revocable trust under the Kansas uniform trust code sits on top of those when your situation calls for it. Parents add a guardian nomination under K.S.A. 59-30,133.

How many witnesses does a Kansas will need?

Two. K.S.A. 59-606 requires the will to be attested and subscribed in the testator's presence by two or more competent witnesses, each of whom either saw the testator sign or heard the testator acknowledge the will. Kansas offers no notary-only alternative to those two witnesses, and it has no holographic will statute, so a page in your own handwriting with no witnesses fails. A notary enters only through the optional self-proving affidavit, which K.S.A. 59-606 lets you add at signing or at any later date while the testator and the witnesses are all still living.

Does a Kansas power of attorney have to be notarized?

Yes, if you want it to survive your own disability, and that is the point of signing one. K.S.A. 58-652(a) makes durability opt-in and takes three things together: the document has to be denominated a durable power of attorney, it has to carry one of the two durability sentences the statute prints, and it has to be signed by you and then dated and acknowledged in the manner prescribed by the revised uniform law on notarial acts. Miss the acknowledgment and the document is nondurable, and K.S.A. 58-657(c) then suspends it during any period you cannot receive or evaluate information or communicate decisions.

Does a Kansas living will need a notary?

It needs a notary or two witnesses, and the choice is yours. K.S.A. 65-28,103(a)(4) asks for the declaration to be signed in the presence of two or more witnesses at least 18 years old who clear the statutory bars, or acknowledged before a notary public. A notarized Kansas declaration with no witness signatures is validly executed. K.S.A. 58-629(e) gives the health care agent document the same either-or choice. The one Kansas advance document with no notary route is the do not resuscitate directive, which K.S.A. 65-4943 executes before a single witness.

Do I need a living trust in Kansas?

Usually no, and a trust never replaces the other three documents. Kansas adopted the Kansas uniform trust code at K.S.A. 58a-101, effective January 1, 2003, so national trust writing generally describes rules Kansas does have. Under K.S.A. 58a-602(a) a trust is revocable unless its terms expressly say otherwise, with one trap worth knowing: that default does not reach a trust created under an instrument executed before January 1, 2003. A trust controls only what you retitle into it, so the funding step is the work.

Does Kansas charge an estate tax or an inheritance tax?

Neither, for anyone who died on or after January 1, 2010. Kansas ran two successive estate taxes and repealed both. K.S.A. 79-15,146 limits the 1998 act to estates for which a return was filed before January 1, 2017, and K.S.A. 79-15,254 limits the 2006 act to deaths after December 31, 2006 and before January 1, 2010 for which a return was filed before January 1, 2020. Kansas charges no inheritance tax today, having repealed the one it used to have. The federal estate tax still exists and reaches only very large estates, and the exclusion for the year of death is a federal figure to confirm with the IRS.

Who makes my medical decisions in Kansas if I sign nothing?

Nobody, by statute, and that answer surprises people who moved here. Kansas has no default surrogate or family consent law, so no section hands authority to your spouse, your adult children or your parents. K.S.A. 59-30,155(e)(1) goes past silence: no court, guardian or any person may decide to withhold or withdraw life-saving or life-sustaining care for an adult who is legally incapable of deciding, except on the two grounds that subsection lists. The route to a decision maker runs through a district court guardianship under K.S.A. 59-30,101 et seq.

Does a Kansas transfer-on-death deed keep the house out of Medicaid recovery?

No. K.S.A. 59-3504(b) says the grantee beneficiary takes the interest subject to the conveyances, mortgages, liens and security pledges the owner made or was subject to during life, and it names claims of the State of Kansas for medical assistance under K.S.A. 39-709 among them. The deed does keep the house out of probate, and K.S.A. 59-3503(c) makes it strong against a later will, which cannot revoke a recorded transfer-on-death deed. Recovery is a separate question with a separate answer.

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Information current as of September 8, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.