Estate planning rules in Kansas

Kansas wills and probate

Kansas requires a written will, except for an oral will allowed by statute. The testator signs at the end, and at least two competent witnesses attest the will in the testator's presence.

An uncontested self-proved will may be admitted to probate without testimony from a subscribing witness.

A Kansas petition to probate a will names the devisees and legatees, with their ages and addresses when known, and gives the named executor's name and address.

Intestate succession

A surviving spouse receives all intestate property if the decedent leaves no children or issue of a deceased child. If the decedent leaves a child or such issue, the surviving spouse receives one-half.

When a decedent leaves children or issue of a deceased child and no spouse, property passes to the surviving children, or equally to them and living issue of a deceased child.

Trust creation

Kansas trust creation includes settlor capacity and intent, a definite beneficiary or a charitable purpose, and trustee duties. The same person cannot be sole trustee and sole beneficiary. A beneficiary is definite if ascertainable now or in the future, subject to the rule against perpetuities.

Powers of attorney

A person named attorney in fact under a Kansas durable power of attorney has no duty to act unless that person expressly agrees in writing to act for the principal.

A Kansas power of attorney may take effect on a specified future event or condition. Without actual knowledge otherwise, a person presented with the document may rely on the attorney in fact's affidavit that the event or condition exists.

Kansas does not require recording a power of attorney for validity between the principal, the attorney in fact and third persons.

Guardianship and conservatorship

A Kansas court may appoint a guardian for an adult upon clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care. A guardian's powers are limited to the respondent's demonstrated needs, and full guardianship is barred when limited guardianship or another less restrictive alternative would suffice.

A Kansas court may appoint a conservator for a minor by a preponderance of evidence when the minor owns more than $25,000 from settlements, death transfers or similar sources other than employment earnings or Uniform Transfers to Minors Act accounts.

Transfers at death

A Kansas transfer-on-death deed for real estate is signed by the record owner, recorded, and names grantee beneficiaries. The deed transfers ownership at the owner's death and needs no consideration.

A payable-on-death bank account beneficiary's interest vests at the owner's death, subject to a Department for Children and Families claim under K.S.A. 39-709 if the bank received written notice before the owner's death.

A Kansas bank that receives notice of a surviving spouse's intent to claim an elective share pays the balance of the owner's share to the court to the extent of the elective share.

Thresholds and rates change. Check the state's own current figures.

Common questions