59-606. Execution and attestation; self-proved wills and codicils; affidavits; form. - Kansas Statutes

59-606

Chapter 59.--PROBATE CODE Article 6.--WILLS

      59-606.   Execution and attestation; self-proved willsand codicils; affidavits; form.Every will, except an oral will as provided in K.S.A. 59-608 and amendmentsthereto, shall be in writing, and signed at the end by the party making thewill, or by some other person in the presence and by the express direction ofthe testator. Such will shall be attested and subscribed in the presence ofsuch party by two or more competent witnesses, who saw the testator subscribeor heard the testator acknowledge the will. Such will, at the time of itsexecution or at any subsequent date during the lifetimes of the testator andthe witnesses, may be made self-proved, and the testimony of the witnesses inthe probate of the will may be made unnecessary by the acknowledgments of thewill and the affidavits of the testator and the attesting witnesses. Suchacknowledgments and affidavits shall be made before an officer authorized totake acknowledgments to deeds of conveyance and to administer oaths. Suchacknowledgments and affidavits shall be evidenced by the certificate, withofficial seal affixed, of such officer attached or annexed to such will in formand contents substantially as follows:

State of ______________

County of __________     ss.

      Before me, the undersigned authority, on this day personally appeared__________, __________, and __________, known to me to be the testator andthe witnesses, respectively, whose names are subscribed to the annexed orforegoing instrument in their respective capacities, and, all of such personsbeing by me first duly sworn, such __________, testator, declared to me and tothe witnesses in my presence that such instrument is the testator's last willand testament, and that the testator had willingly made and executed it as thetestator's free and voluntary act and deed for the purposes therein expressed.Such witnesses, each on the witness' oath stated to me, in the presence andhearing of the testator, that the testator had declared to them that suchinstrument is the testator's last will and testament, and that the testatorexecuted same as such and wanted each witness to sign it as a witness. Upontheir oaths each witness stated further that they did sign the will aswitnesses in the presence of each other and in the presence of the testator andat the testator's request, and that the testator at that time possessed therights of majority, was of sound mind and under no restraint.

______________(Testator)______________(Witness) ______________(Witness)

      Subscribed, acknowledged and sworn to before me by __________, testator,and __________ and __________, witnesses, this _____ day of __________,A.D. __________.

      (seal)
(Signed) ______________

______________________________(Official capacity of officer)

      If an affidavit substantially in conformance with the affidavitdescribed in this section is executed at the time of the execution of the will,no other signatures of the witnesses or any other attestation clause isrequired.

      A self-proved will, unless contested, shall be admitted to probatewithout the testimony of any subscribing witness, but otherwise it shall betreated no differently than a will not self-proved. A self-proved will maybe contested or be revoked, or be amended by a codicil in the same fashionas a will not self-proved. A codicil or the consent to take under the willby the spouse may be self-proved in the same manner as a will may beself-proved.

      History:   L. 1939, ch. 180, § 42;L. 1975, ch. 299, § 3;L. 1976, ch. 245, § 2;L. 1990, ch. 199, § 1;L. 1999, ch. 55, § 1; July 1.