A last will and testament is a document that outlines how a person wants their property and assets distributed after they die. In Kansas, there are specific requirements that must be met in order for a will to be valid. There are also specific laws that dictate who is entitled to receive property and assets from a deceased person's will. In Kansas, a will must be in writing and must be signed by the person making the will, or by someone else in their presence and by their direction. The will must also be signed by two witnesses. Witnesses cannot be beneficiaries of the will. The will must be dated and must state that it is the last will and testament of the person making it. In order for a will to be valid in Kansas, the person making the will must be at least 18 years old and must be of sound mind. The will must also be made voluntarily and without any undue influence or fraud. Kansas law dictates that the spouse of the person making the will is entitled to receive the entire estate if the spouse is still alive when the person dies. If the spouse is not alive when the person dies, the spouse's descendants are entitled to receive the estate. If the spouse or descendants are not alive, the estate goes to the person's parents, or if they are not alive, to the person's brothers and sisters. If none of these people are alive, the estate goes to the state of Kansas.
Kansas Last Will Facts
Whilst composing a testament, it pays to adhere to the stipulated Kansas requisites. To such a degree, you are guaranteed that your paperwork is legal. When preparing a final will and testament, what Kansas guidelines should you stick to? The first directive is that the Kansas last will and testament should be drafted voluntarily. In the event of a whiff of harassment in the procedure, the testament can be questioned and interpreted as unenforceable. Furthermore, the mental health of the testator must be definite. In the event, you are highly distraught or under medication, you mustn’t plan your will. The third point is that whoever is formulating the final will and testament must have the familiarity with the need for the exercise. It is a guarantee that the person is deliberate in concluding the process. Such determination is normally mentioned at the start of the testament. Other factors to take into consideration when drafting a Kansas last will are:
Types of will allowed - self-proving wills (59-606. Execution and attestation; self-proved wills and codicils; affidavits; form); handwritten and oral wills (if witnessed properly; 59-606. Execution and attestation; self-proved wills and codicils; affidavits; form; 59-608. Nuncupative will).
Types of will not allowed - holographic wills (59-606. Execution and attestation; self-proved wills and codicils; affidavits; form).
What If I Die Without a Will in Kansas?
Not considering the noteworthiness of the last will, folks refuse the idea and take their last breath without one. A state of intestacy implies a situation where a person passes on sans a valid final will. When someone passes on the interstate, their belongings are dispensed according to the intestacy conditions of their specific state. An inheritance steward is appointed by the local probate court which handles the inheritance. Essentially, the expired person’s estate sharing rests on no matter whether they are married or not and their heirs.
There are cases where married folks pass away minus a testament where Kansas does not approve community property. Here, the present better half is granted the entire intestate effects. The same case if you and your partner begot heirs. Presuming you got offspring but the spouse is deceased? Then the inheritance goes to the kids. When no offspring or wife/husband are surviving, the parents are the legitimate successors. Your brother and sisters, nieces, and nephews will land your estate in case you have no existing kids, parents, or better half. The furthest in the order of succession are grandparents, uncles, aunts, and distant relatives.
Supposing the late individual was without a spouse, kids, close relatives, or any probable heir, the state takes charge of the estate.
What Should My Will Include?
After becoming aware of the highlights and requirements of Kansas's last wills and testaments, we next deliberate on the top aspects of the testament. As the testator, the information below should be included in the final will:
But in case you refer to the Kansas final will and testament template, the intent is already cited within. Ensure that you note if you are married or unattached, and the number of offspring.
One of the essential features of composing your will is mentioning the inheritors in addition to what they’ll be allocated. Mention the official name of each successor, plus where they dwell and what they will inherit.
Appointment of Executor
Be certain that you select who will execute your holdings. Also termed as the personal representative, the caretaker exists to implement the testament. The executor is a significant office, meaning only a sound figure should be chosen. The only regulation is that they can’t be successors of the holdings.
Appointment of Guardians
It makes sense to nominate a custodian when your parents are aged, plus if you have children and animal companions. The guardian will cater to their interests. You can select a replacement agent when the initial one is inaccessible.
Ensure you provide the specific facts and contacts of the witnesses. Validate that the official names and place of residence are there.
The will should state the day’s date and station of signing. Both the witnesses and yourself are advised to sign along with the date.
Among other aspects that a Kansas last will and testament can cover are funeral orders, designated digital executor, and any testator desires. Essentially, getting a legitimate testament is a remarkable way to ensure your inheritance is allocated just the way you wanted.