Last Will and Testament

A Last Will & Testament (will) is a document which passes property at one’s death to those named in the will. The procedures for execution of a valid will in Kansas are found in the statutes at K.S.A. 59-601 though 59-624. The Testator must be competent and must execute the will before two or more competent witnesses and acknowledged by a notary. No will is effective to pass property unless it is timely admitted to probate after the Testator’s death.

Couples with minor children often nominate a guardian and conservator in their wills for their minor children if such a need ever arises.

A trust can be established in one’s will which takes effect after one’s death at the end of the probate administration and under the supervision of the probate judge. These are often referred to as Testamentary Trusts. Preparation of a will and it’s execution are a serious affair and a Testator should have assistance from an attorney skilled in this area of the law.