Disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles under Kansas law to help you understand common outcomes and options if a will is found to be improperly signed during probate. For advice about a specific estate, consult a Kansas probate attorney.
Detailed answer — what happens when a will is not properly signed in Kansas
Under Kansas law, a valid will generally must be in writing and executed in the manner required by statute. If a will is not signed properly, the probate court may refuse to admit it as a valid will. When that happens, the estate usually proceeds as if there were no valid will (intestate succession). The practical consequences and possible responses are explained below.
1. Basic formal requirements and where to look
Kansas law sets out formalities for executing wills. Those rules appear in the Kansas statutes governing wills and probate (Chapter 59). If a document lacks the required signature or witness attestation, the court may conclude the document was not legally executed. See Kansas statutes on wills and probate for details: K.S.A. Chapter 59 (Wills, Estates and Trusts).
2. Immediate result if the court finds the will invalid
- The probate court may decline to admit the will to probate. Without admission of that will, the estate will be administered under Kansas intestacy rules.
- Intestate succession means the decedent’s property passes according to the Kansas intestacy statutes (close relatives such as spouse, children, parents, siblings receive shares in a statutorily prescribed order). See the Kansas intestate succession provisions in Chapter 59: K.S.A. Chapter 59 — Intestate Succession.
- If the invalid will tried to name an executor or direct specific gifts, those directions will generally fail and the court will appoint an administrator and distribute assets per intestacy.
3. Possible partial or alternative outcomes
- Partial validity: The court may admit portions of a document that do meet formal requirements while disregarding invalid parts. For example, a signed codicil that properly meets formalities may revive or modify an earlier valid will.
- Admitting evidence of testamentary intent: In some situations, courts will consider extrinsic evidence to determine whether the decedent intended the document to function as a will. Depending on circumstances and applicable case law, a court may admit an improperly executed instrument if there is clear and convincing proof the decedent intended it as their will. Because the law and standards differ by jurisdiction and circumstance, a Kansas attorney can advise whether this is feasible in a particular case.
- Lost or destroyed original: If the original will is missing or unsigned but there is convincing evidence it existed and was executed properly, the court may allow proof of the contents and admission. Kansas statutes and case law govern proof of lost wills — see Chapter 59 for statutory guidance.
4. What family members and potential beneficiaries should expect
- If the will is rejected, the distribution will follow Kansas intestate laws. This often benefits the decedent’s spouse and children first. Non-relatives named in the invalid will (friends, charities, etc.) typically receive nothing under intestacy unless there are specific facts that change the outcome.
- People named in an invalid will can contest the court’s refusal to admit it. A will contest is a litigation process that must be started promptly and is governed by procedural rules and deadlines.
5. Practical legal remedies and actions to consider
- Ask the probate court to consider extrinsic evidence to prove testamentary intent. Affidavits from witnesses, drafts or communications from the decedent can be useful.
- File a will contest or a petition to admit the document with supporting evidence. Timing and grounds for contest vary, so act quickly.
- If assets are at risk of being distributed incorrectly, a concerned party can seek temporary court orders to freeze distributions while the validity issue is litigated.
- When the original will is lost or the signature is missing, gather any drafts, emails, handwritten notes, or testimony that shows the decedent’s intent and the circumstances of the document’s preparation.
6. Who decides and how long it can take
The probate judge decides whether a will meets Kansas formalities or whether there is sufficient evidence to admit it despite formal defects. How long this takes varies by county, case complexity, and whether the issue is disputed. Contested proceedings typically take longer and involve hearings, discovery, and possibly appeals.
Helpful Hints
- Preserve the original document. Do not destroy, alter, or discard the will or any related drafts or notes.
- Contact witnesses who were present when the document was created or signed. Their affidavits or testimony can be crucial.
- Collect supporting evidence: drafts, emails, text messages, voice messages, or attorney notes that show the decedent’s testamentary intent.
- Act quickly. Probate and will-contest procedures have deadlines. Delay can eliminate remedies.
- Talk to a Kansas probate attorney early. An attorney can advise whether the will might be admitted despite defects and can protect estate assets during disputes.
- If you are an executor or administrator nominee, avoid distributing assets until the court resolves the will’s validity unless the court authorizes distribution.
- Check the Kansas statutes and local probate court rules for procedural requirements. Kansas statutes governing wills and intestacy are in Chapter 59: K.S.A. Chapter 59.
If you are dealing with a potentially invalid will in Kansas, the next practical step is to consult a probate attorney who can review the document and the facts, explain whether statutory or case-law exceptions might apply, and, if needed, file the right petitions with the probate court.