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Kansas Will Contests
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Kansas Will Contests

Kansas has no separate will contest statute. Heirs oppose the will at the K.S.A. 59-2224 hearing, and the order waits 30 days.

By Settled Editorial

Kansas has no separate will contest statute and no contest period that opens after a will is admitted. Any heir, devisee or legatee opposes the probate of a will at the hearing itself under K.S.A. 59-2224. Once the district court admits the will, K.S.A. 59-2213 gives the court control of that order for 30 days.

That single design choice moves the whole calendar forward. States that write a dedicated contest statute usually hand a disappointed heir a window measured in months after admission. Kansas hands one hearing, set under K.S.A. 59-2222, and expects the objection there. Miss it and the argument stops being about the will and starts being about relief from a judgment under K.S.A. 60-260(b).

Every rule below was read in the Kansas Office of Revisor of Statutes compilation on 2026-09-08, section by section, and each one is cited where it appears. This page describes the mechanism. It says nothing about whether an objection fits a particular family, and a licensed Kansas attorney is the person who answers that. If the case has not opened yet, the Kansas probate process walks through the proceeding an objection interrupts.

The Kansas Calendar for Opposing a Will

StageWho may actTimingStatute
A will exists and nobody has filed itAny person interested in the estatePetition within 6 months of death, or the will passes no property, except as the code providesK.S.A. 59-617, 59-2221
A petition to probate the will is on fileAny heir, devisee or legateeAt the hearing the court sets on the petitionK.S.A. 59-2224
A competing will surfaces before admissionThe person offering itThe first hearing adjourns to the second, and both are proved togetherK.S.A. 59-2225
The order admitting the will has been enteredAny party30 days of court control over its own orderK.S.A. 59-2213
More than 30 days after the orderA party or a legal representativeRelief only on the K.S.A. 60-260(b) groundsK.S.A. 59-2213, 60-260
A later will surfaces after admissionThe person offering itA fresh probate petition, with notice to the first will's beneficiariesK.S.A. 59-2226
Appeal of an order admitting or refusing a willA party30 daysK.S.A. 59-2401(a)(1), 60-2103(a)

Read the second and fourth rows together, because they are the two clocks that matter. The hearing is where an objection lands. The 30 days after the order are not a second chance to argue the same points; they are the period the court keeps its own judgment open before ordinary judgment rules take over.

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What Happens at the Probate Hearing

A Kansas probate case starts under K.S.A. 59-2204 when someone files a petition and has it set for hearing. K.S.A. 59-2221 lets any person interested in the estate petition for probate of the will or for administration. The petition itself has to be signed and verified under K.S.A. 59-2201, and for a will it also has to list the devisees and legatees, name the proposed executor, name the scrivener of the will if that person can be identified with due diligence, and carry the will where the will can be produced. That is K.S.A. 59-2220.

Notice follows K.S.A. 59-2222, which has the court fix the time and place and send notice out under K.S.A. 59-2209 unless the court orders otherwise. K.S.A. 59-2209 sets the shape of it:

  • Publication once per week for three consecutive weeks in a newspaper of the county authorized to publish legal notices.
  • First publication within 30 days after the order fixing the time and place.
  • Mailing to each heir, devisee and legatee whose name and address the petitioner knows, within seven days after that first published notice, with a copy of the petition, its attachments and the will unless the court excuses it.
  • A hearing date no earlier than 10 days and no later than 30 days after the last publication.

So the mailed packet contains the document being challenged. Anyone reading it has, at minimum, the ten days the statute puts between the last publication and the hearing.

One shortcut can compress that. Under K.S.A. 59-2223, if every interested heir, devisee and legatee enters an appearance in writing, waives notice and consents, the court may hold the hearing immediately. Signing a waiver form sent around by the family attorney gives up the notice period the statute would otherwise provide.

The Proof Rule That Changes the Moment Someone Objects

K.S.A. 59-2224 carries the sentence that makes an objection worth making early. On the hearing of a petition for probate of a will, unless it is an uncontested, self-proved will, the testimony of at least two of the subscribing witnesses must be taken in person, by affidavit or by deposition. The court may waive that on a proper showing that the witnesses cannot be found or are unavailable, and may otherwise admit the testimony of other witnesses to prove the capacity of the testator and the due execution of the will, including proof of the handwriting of the testator and of the subscribing witnesses.

K.S.A. 59-606 says the same thing from the other side. A self-proved will, unless contested, is admitted to probate without the testimony of any subscribing witness, but otherwise it is treated no differently than a will that is not self-proved, and it may be contested in the same fashion. The affidavit that a Kansas estate planner attaches to a will is a shortcut for an unopposed hearing rather than a shield against an opposed one.

K.S.A. 59-2213 adds a second version of the same idea for the paperwork. It opens by saying no judgment or decree may be rendered in a probate proceeding without proof, then makes the verification of the petition sufficient proof of the statements in it only in the absence of written defenses or any appearance by an adverse party. Showing up changes what the proponent has to prove.

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Who May Oppose, and Who Speaks for Someone Who Cannot

K.S.A. 59-2224 names the group in one clause: any heir, devisee, or legatee may prosecute or oppose the probate of any will. Three readings follow.

  • Heirs at law. The relatives who would take under the Kansas intestacy statutes if no will governs. Kansas intestate succession sets out who they are and in what shares.
  • Devisees and legatees under an earlier document. A person named in a prior will who lost ground in the one now offered.
  • Devisees and legatees under the challenged will. Being named in the document does not lock anyone out of opposing it.

A person under a legal disability petitions through a guardian, conservator or next friend under K.S.A. 59-2205, and the court may appoint a guardian ad litem to represent and defend a party under disability in any probate proceeding. Unborn and unascertained beneficiaries may be represented by living competent members of their class or by a guardian ad litem, as the court decides.

Standing here comes from the relationship rather than from the grievance. The statute names those three groups and stops there, so a person outside them cannot point to K.S.A. 59-2224 for the right to oppose, and whether any other person may is a question Kansas courts answer rather than one the section answers. A creditor is the usual example, and creditors have their own track, described in Kansas creditor claims.

The Grounds Kansas Puts in Statute

Kansas does not print a numbered list of contest grounds the way some states do. The grounds come from reading the wills article as a set of requirements, and an objection argues that one of them failed.

Capacity and majority

K.S.A. 59-601 is one sentence: any person of sound mind, and possessing the rights of majority, may dispose of any or all of his or her property by will. Both halves are testable, and the code says so from the procedural side too. K.S.A. 59-2224 lets the court admit the testimony of witnesses to prove the capacity of the testator and the due execution of the will, so capacity is one of the two things a contested probate hearing is about.

The execution rules

K.S.A. 59-606 sets three requirements for every written will. It must be in writing. It must be signed at the end by the person making it, or by another person in that person's presence and by that person's express direction. And it must be attested and subscribed in the testator's presence by two or more competent witnesses who either saw the testator sign or heard the testator acknowledge the will. An objection that the signing missed a step argues against that sentence. Kansas will requirements walks through every part of it, including the point that Kansas accepts no handwritten will without witnesses.

K.S.A. 59-607 closes one route that families try. If a witness was competent when the will was attested, that witness becoming incompetent later does not keep the will out of probate.

A gift to a witness

K.S.A. 59-604 voids a beneficial devise or bequest made to a subscribing witness unless two other competent subscribing witnesses signed and take nothing under the will. The gift falls, and the will survives. A witness who would have inherited without a will still takes up to the value of the voided gift out of it.

A gift to the person who wrote the will

Kansas writes something into the code that most states leave entirely to case law. K.S.A. 59-605 invalidates any provision in a will, written or prepared for another person, that gives the writer or preparer, or that writer's parent, children, issue, sibling or spouse, a devise or bequest. Two exceptions save the provision. The first is where the writer is related to the testator by blood, marriage or adoption and the gift is no larger than intestacy would have produced. The second is where it affirmatively appears that the testator had read or knew the contents of the will and had independent legal advice about it.

Read the second exception closely. The statute's own words ask for something to affirmatively appear, which puts the showing on the side defending the gift. A will typed by the person who takes most of it under that will is the case the section is written about, and a will drafted by a firm the testator hired generally is not. Which side of that line a particular document falls on is a question for a Kansas attorney rather than one a page can settle.

Revocation, and a document that came later

Apart from the automatic rules in K.S.A. 59-610, K.S.A. 59-611 allows a written will to be revoked in three ways and no others: by another will in writing, by another writing of the testator that declares the revocation and is executed with the same formalities a will needs, or by burning, tearing, canceling, obliterating or destroying the will with the intent and for the purpose of revoking it, done by the testator or by another person in the testator's presence and at the testator's direction.

Two companion rules decide most fights about competing paperwork. K.S.A. 59-612 says revoking a second will does not revive the first unless the terms of the revocation show that intention, or the testator afterward republishes the first will in the presence of two or more competent witnesses who subscribe it in the testator's presence. And K.S.A. 59-610 revokes a will by operation of law in two situations: the entire will falls if the testator marries and has a child by birth or adoption after making it, and a divorce after the will is signed revokes only the provisions in favor of the divorced spouse.

The marriage plus child rule is the one that surprises Kansas families. It does not need a court finding about anyone's state of mind. Two life events after the signing date wipe the document out.

An oral will

K.S.A. 59-608 keeps nuncupative wills alive in Kansas for personal property. An oral will made in the last sickness is valid if it was reduced to writing and subscribed by two competent, disinterested witnesses within thirty days after the words were spoken, and if the testator called on someone present to bear witness to the disposition as a will. K.S.A. 59-619 requires the application within six months of the death. Each of those elements is a place an objection can land.

A Competing Will Instead of an Objection

Sometimes the better answer is another document rather than an argument about this one. Kansas writes two sections for that, and they turn on whether the first will has already been admitted.

Before admission, K.S.A. 59-2225 applies. If a petition to probate a will is on file and someone presents another instrument purporting to be the last will or codicil, proceedings are held on that one too, and the hearing on the first petition adjourns to the date set for the second. At that hearing the court takes proof on all of the wills and codicils and all matters pertaining to them, then decides which instrument, if any, should be allowed as the last will. One hearing, every document on the table.

After admission, K.S.A. 59-2226 applies. If a later instrument surfaces after a will has already been admitted, the person offering it starts a probate proceeding for it, and notice of that hearing goes to the devisees and legatees named in the admitted will as well as to the heirs and to the people named in the new document. If the court admits the later will or codicil, that order operates as a revocation of the earlier order so far as is necessary to give the later document effect.

K.S.A. 59-2226 is the reason the phrase "no post-admission contest period" needs care. A later will can still be brought forward after an admission. What Kansas does not offer is a period in which an heir may reopen the same will on the same grounds.

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After the Order: 30 Days, Then K.S.A. 60-260(b)

K.S.A. 59-2213 draws the line. The court has control of its orders, judgments and decrees for 30 days after the date of rendition. After that, those orders may be vacated or modified only as K.S.A. 60-260(b) provides.

K.S.A. 60-260(b) lists six grounds for relief from a final judgment, order or proceeding, on motion and just terms:

  1. Mistake, inadvertence, surprise or excusable neglect.
  2. Newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under K.S.A. 60-259(b).
  3. Fraud, whether previously called intrinsic or extrinsic, misrepresentation or misconduct by an opposing party.
  4. The judgment is void.
  5. The judgment has been satisfied, released or discharged, or it rests on an earlier judgment that has been reversed or vacated, or applying it prospectively is no longer equitable.
  6. Any other reason that justifies relief.

Timing has two layers. Every K.S.A. 60-260(b) motion must be made within a reasonable time. Motions on the first three grounds carry an outer limit of one year after the entry of the judgment or order. K.S.A. 60-260(c)(2) adds that filing the motion does not suspend the judgment or affect its finality, so the estate keeps moving while the motion is pending, on the schedule described in the Kansas probate timeline.

K.S.A. 60-260(d) preserves three powers the section does not limit: an independent action to relieve a party from a judgment, relief under K.S.A. 60-309 to a defendant who was not personally notified of the action, and setting aside a judgment for fraud on the court.

The gap between the two regimes is the whole point of this page. Inside 30 days the court can revisit its own order because it has not let go of it. Outside 30 days a challenger has to fit one of six named grounds and explain the delay.

Appeals

K.S.A. 59-2401(a) lists the orders that can be appealed in a case involving a decedent's estate, and three of its paragraphs cover this ground: an order admitting or refusing to admit a will to probate, an order finding or refusing to find a valid consent to a will, and an order vacating or refusing to vacate a previous appealable order. Paragraph (a)(21) sweeps in any other final order, decision or judgment in a proceeding involving a decedent's estate.

Two different appeals hide in that section. An appeal from a district magistrate judge to a district judge runs under K.S.A. 59-2401(a) and must be taken no later than 30 days from the date of entry. An appeal from the district court to an appellate court is taken under subsection (b) in the manner chapter 60 provides for other civil cases, which routes it to K.S.A. 60-2103(a): 30 days from the entry of the judgment, with a possible extension of up to 30 more days on a showing of excusable neglect based on a failure to learn that judgment was entered.

An appeal does not freeze the estate. K.S.A. 59-2401(c) keeps the order appealed from in force unless the court hearing the appeal enters temporary orders, and it says the supersedeas bond in K.S.A. 60-2103 does not stay proceedings on an appeal from the district court to an appellate court. Subsection (d) lets the court require a bond to keep the appeal moving and to cover judgments, damages and costs.

Where the Case Runs and What It Costs

Kansas has no separate probate court. K.S.A. 20-301 puts a district court in each county, makes it a court of record, and gives it general original jurisdiction of all matters, civil and criminal, unless another law provides otherwise. Kansas has 105 counties, and Kansas probate courts by county lists the courthouse for each one.

Venue comes from K.S.A. 59-2203, and it turns on real property. Proceedings run in the county where the decedent lived at death if the decedent owned an interest in real property in that county. If the decedent owned no real property interest in the county of residence, the case may run in that county of residence or in any county where the decedent did own an interest in real property. For a nonresident, proceedings may be had in any county where the decedent left an estate to be administered. Proceedings first legally commenced extend to all of the decedent's property in Kansas, and if cases open in more than one county, all but the first are stayed until venue is settled, with the whole file transmitted to the proper county.

Costs work differently from a civil suit. Opposing a will does not open a new case, so the docket fee table in K.S.A. 59-104(a)(1) has no line for it; the fee attaches to the probate case that is already on file. K.S.A. 59-2214 then has the court tax the costs of a probate proceeding against the estate, unless it appears that doing so would be unjust and inequitable, in which case the court taxes them against whichever party is just and equitable. On a contested matter the court may in its discretion require the claimant to give security for costs, or to file a poverty affidavit instead. K.S.A. 59-2215 lets the court remit court costs, in whole or in part, when the total assets of the estate do not exceed $10,000.

Attorney fees are the real number, and no Kansas statute sets or splits them for an objection. Ask a Kansas probate litigator what a hearing on these facts costs before treating an objection as a routine step.

No Jury

K.S.A. 59-2212 is short and it shapes the whole proceeding. Trials and hearings in probate proceedings are by the court unless another law provides otherwise, and any issue of fact is determined under the rules of evidence the code of civil procedure sets for civil cases, except as the care and treatment act for mentally ill persons and the act for obtaining a guardian or conservator provide.

The revisor annotates that section with In re Estate of Suesz, 228 Kan. 275, 613 P.2d 947, recorded there for the holding that contesting the admission of a will to probate was not triable by jury at common law and that the statute does not provide for a jury trial. A judge hears the evidence and decides.

No-Contest Clauses Are a Case Law Question

Article 6 of Chapter 59 is the wills article of the Kansas probate code, and its live sections run from K.S.A. 59-601 to K.S.A. 59-623. Reading every one of them turns up no section on penalty clauses, forfeiture clauses or in terrorem clauses, and no probable-cause safe harbor of the sort other legislatures write into their codes.

The question still gets decided, just somewhere else. The revisor's case annotations under K.S.A. 59-610 and K.S.A. 59-618 point to Kansas decisions that weigh such a clause against whether the challenger had probable cause. One records a clause upheld against a spouse where no probable cause existed for her challenge. Another examines when a clause is unenforceable because the heir did have probable cause, and defines the term. Those are annotations to decided cases rather than text a legislature wrote, so the answer for a particular clause turns on facts a page cannot see. If the will in front of you carries a forfeiture clause, that clause is a question for a Kansas attorney before an objection is filed.

Problems That Look Like Contests and Are Not

Several complaints have their own remedy under a different section, and the probate hearing keeps its date while one is pending.

  • Someone is holding the will and will not produce it. K.S.A. 59-621 requires the person having custody of a will to deliver it to the court with jurisdiction, makes willful refusal after a court order a contempt, and leaves that person liable for damages. K.S.A. 59-2216 adds a disclosure proceeding: on a petition alleging that a person has possession or knowledge of a will or codicil, or has concealed, converted, embezzled or disposed of estate property, the court may order that person to appear for examination, and refusing to appear is contempt.
  • The will surfaced too late. K.S.A. 59-617 stops a will from passing property unless a petition is filed within six months of the death, except as the code provides. K.S.A. 59-618 reaches a person who has possession of the will, or knowledge of it and access to it for the purpose of probate, and knowingly withholds it for more than six months. That person owes reasonable attorney fees, costs and all damages to beneficiaries who did not have the will and had no knowledge of it or access to it, and such a beneficiary has 90 days from gaining knowledge of the will and access to it to petition. The liability is civil. The section names no crime, and it protects a good faith purchaser who took property without knowledge of the will. K.S.A. 59-618a lets anyone file a will or a copy with the district court, with a statutory affidavit, so a will filed inside the six months may be admitted after it.
  • A surviving spouse was cut down. That is the elective share rather than a contest. K.S.A. 59-2233 requires a copy of the will and a written notice of the spousal right to be mailed to the surviving spouse within 10 days of the executor qualifying, and points to K.S.A. 59-6a201 through 59-6a217 for the share itself.
  • The complaint is about a trust rather than a will. A revocable trust has its own clock. K.S.A. 58a-604 gives a person the earlier of one year after the settlor's death or four months after the trustee sends a copy of the trust instrument with the required notice. Kansas trust administration covers what the trustee owes in the meantime.
  • The complaint is about how the estate is being run. Objecting to the personal representative, to an accounting or to a sale is a separate motion in the same case and does not turn on the will's validity. Kansas executor duties sets out what the job requires.

Frequently Asked Questions

How long do you have to contest a will in Kansas?

Kansas gives no fixed contest period, because the objection belongs to the probate hearing itself. K.S.A. 59-2224 lets any heir, devisee or legatee oppose the probate of a will when the petition is heard, so the working deadline is the hearing date set under K.S.A. 59-2222. After the will is admitted, K.S.A. 59-2213 gives the court control of its own orders, judgments and decrees for 30 days, and after that they may be vacated or modified only as K.S.A. 60-260(b) provides.

Does Kansas have a will contest statute?

No section of the Kansas probate code is titled or written as a will contest statute. Opposition runs through three sections of Article 22 of Chapter 59. K.S.A. 59-2224 governs the hearing and says who may oppose, K.S.A. 59-2225 handles a competing will offered while the first petition is pending, and K.S.A. 59-2226 handles a later will presented after one has already been admitted. Pages that describe a Kansas contest period measured in months are describing another state's code.

Who can oppose a Kansas will?

K.S.A. 59-2224 names three groups: any heir, devisee or legatee may prosecute or oppose the probate of a will. Heirs are the relatives who would take under the Kansas intestacy statutes if no will governs. Devisees and legatees are the people a will names. A person under a legal disability appears through a guardian, conservator or next friend under K.S.A. 59-2205, and the court may appoint a guardian ad litem.

Can you get a jury trial in a Kansas will contest?

K.S.A. 59-2212 puts trials and hearings in probate proceedings with the court unless another law provides otherwise, and the Kansas Office of Revisor of Statutes annotates that section with In re Estate of Suesz, 228 Kan. 275, which held that contesting the admission of a will to probate was not triable by jury at common law and that the statute does not provide for one. A judge decides the facts.

Does a self-proving affidavit stop a Kansas will contest?

No. K.S.A. 59-606 says a self-proved will is admitted to probate without the testimony of any subscribing witness unless contested, and otherwise it is treated no differently than a will that is not self-proved. The same paragraph says a self-proved will may be contested. The affidavit buys an unopposed shortcut. Once someone objects, K.S.A. 59-2224 asks for the testimony of at least two subscribing witnesses in person, by affidavit or by deposition.

Do no-contest clauses work in Kansas?

The statutes do not answer it. Article 6 of Chapter 59, K.S.A. 59-601 through 59-623, is the wills article of the Kansas probate code, and no section in it addresses penalty, forfeiture or in terrorem clauses. The revisor's case annotations under K.S.A. 59-610 and 59-618 point to Kansas decisions that weigh such a clause against whether the challenger had probable cause. That makes it a case law question, so ask a licensed Kansas attorney what a particular clause does before anything is filed.

What happens if nobody files the will in Kansas?

K.S.A. 59-617 says a will of a person who died a Kansas resident does not pass property unless a petition for probate is filed within six months of the death, except as the code provides. K.S.A. 59-618 reaches a person who has possession of the will, or knowledge of it and access to it for the purpose of probate, and knowingly withholds it for more than six months. That person owes reasonable attorney fees, costs and all damages to innocent beneficiaries, and such a beneficiary has 90 days from gaining knowledge of the will and access to it to petition. The liability is civil and the section names no crime. K.S.A. 59-618a leaves a valve open: a will filed with the district court inside the six months, with the required affidavit, may be admitted later.

Sources:

It is not legal advice.

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.