Estate plan

Kansas

Everything to plan your estate in Kansas: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Kansas, all for $29/year.

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Kansas content last reviewed May 18, 2026.

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2022, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

Kan. Stat. §59-601 et seq.

Witnesses: 2 required

Two competent witnesses must attest and sign the will in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Kansas does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public. Kan. Stat. §58-652(a)(3)
Durability is NOT presumed. K.S.A. §58-652(a) requires the document be denominated a 'durable power of attorney' and contain one of the statutory durability statements set out in §58-652(a)(2): (A) '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,' or (B) 'this is a durable power of attorney and the authority of my attorney in fact, when effective, shall not terminate or be void or voidable if I am or become disabled or in the event of later uncertainty as to whether I am dead or alive.'
A POA executed on or after July 1, 2021 is deemed sufficient if in substantial compliance with the form set forth by the Kansas Judicial Council. K.S.A. §58-652(f).
4

Durable Power of Attorney for Health Care Decisions (statutory form at K.S.A. §58-632); the Living Will / Natural Death Act declaration form is set out in K.S.A. §65-28,103

Kan. Stat. §58-625 et seq. (DPOA-HC); K.S.A. §65-28,101 et seq. (Natural Death Act / Living Will)

Witnesses: 2 required, or notary

Kansas accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Both the Durable Power of Attorney for Health Care (K.S.A. §58-629(e)) and the Living Will / Natural Death Act declaration (K.S.A. §65-28,103(a)(4)) provide a disjunctive execution rule: the document may be signed in the presence of two qualifying adult witnesses OR acknowledged before a notary public. The notary block below is therefore an alternative to (not a supplement to) witness attestation. The DPOA-HC statutory form is set out in K.S.A. §58-632.

State-specific notes

Witnesses cannot be: (a) the agent named in the document, (b) the person who signed on behalf of the principal/declarant, (c) related to the principal by blood, marriage, or adoption, (d) entitled to any portion of the principal's estate under intestacy or any existing will, or (e) directly financially responsible for the principal's health care. K.S.A. §58-629(e) and K.S.A. §65-28,103.
The treating health care provider (and any employee of the treating health care provider) may not be designated as the agent, except where related to the principal by blood, marriage, or adoption or a member of the same religious community. K.S.A. §58-629(d).
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6 more documents with a subscription

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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Designation of Guardian and Conservator

Pre-designates the person you want a court to appoint as Guardian of the Person and Conservator of the Estate under the Kansas Act for Obtaining a Guardian or a Conservator (K.S.A. 59-3050 et seq.) if protective proceedings are ever needed. Kansas uses 'Guardian' for the person role and 'Conservator' for the estate role.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
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Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Kansas has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Kansas has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Kansas authorized RON in 2022.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Kansas does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Kansas for guidance specific to your situation.

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