Wills and trusts by state › Kansas
Kansas estate planning
Will, trust, or both in Kansas?
Kansas lets you leave a house through a transfer-on-death deed and settle a small estate with an affidavit. Whether you also want a trust depends on your property, your family and how private you want things to be.
Kansas at a glance
- Witnesses for a will
- Two. A notary isn't required, but a self-proving affidavit is available.
- Handwritten wills
- Not recognized in Kansas.
- Small-estate shortcut
- Small Estates Affidavit for estates up to $75,000 (raised from $40,000 in 2023).
- Real estate without probate
- Transfer-on-death deeds are allowed. Vehicles can carry a transfer-on-death title.
- Property system
- Common law (separate property), not community property.
- Estate or inheritance tax
- None at the state level since 2010.
How probate works in Kansas
Probate in Kansas runs through the district court in the county where the person lived. The Kansas Simplified Estates Act lets the court use a simpler, less supervised track when an estate qualifies.
Estates of $75,000 or less can often skip full probate with a Small Estates Affidavit. Property that passes by transfer-on-death deed, beneficiary designation or joint ownership usually doesn't go through probate at all.
Where a trust fits
Kansas has adopted the Uniform Trust Code, and a trustee can show banks a short certification of trust instead of the whole document.
A revocable living trust is one way to keep property out of probate and private. In Kansas, transfer-on-death deeds and beneficiary designations can do some of the same job for less, so it's worth asking which mix fits your situation.
Questions to bring to a Kansas estate-planning attorney
- Would a transfer-on-death deed handle my home, or does a trust make more sense for my property?
- Does my estate fall under the $75,000 small-estates limit once beneficiary accounts are set aside?
- Should we use the simplified probate track if probate is needed?
- How does the Kansas spousal elective share affect what I can leave to others?
- Who should serve as executor or trustee, and what if they live out of state?
Start with five questions.
The free quiz gives you a personalized educational starting point. The optional $67 workbook helps you organize your information and questions before your appointment.
The workbook organizes your answers. It does not create a will, trust or other legal document.
Sources · checked November 2026