Session of 1999


An  Act concerning probate; relating to execution and attestation of wills; self-proved wills;

amending K.S.A. 59-606 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 59-606 is hereby amended to read as follows: 59-
606. Every will, except an oral will as provided in K.S.A. 59-608 and
amendments thereto, shall be in writing, and signed at the end thereof
by the party making the same will, or by some other person in the pres-
ence and by the express direction of the testator and. Such will shall be
attested and subscribed in the presence of such party by two or more
competent witnesses, who saw the testator subscribe or heard the testator
acknowledge the same will. Such will, at the time of its execution or at
any subsequent date during the lifetimes of the testator and the witnesses,
may be made self-proved, and the testimony of the witnesses in the pro-
bate thereof of the will may be made unnecessary by the acknowledg-
ments thereof of the will and the affidavits of the testator and the attesting
witnesses, each. Such acknowledgments and affidavits shall be made be-
fore an officer authorized to take acknowledgments to deeds of convey-
ance and to administer oaths under the laws of this state,. Such acknowl-
edgments and affidavits being shall be evidenced by the certificate, with
official seal affixed, of such officer attached or annexed to such will in
form and contents substantially as follows:

State of Kansas ____________

County of ____________  ss.

      Before me, the undersigned authority, on this day personally appeared ________,
________, and ________, known to me to be the testator and the witnesses, re-
spectively, whose names are subscribed to the annexed or foregoing instrument in their
respective capacities, and, all of said such persons being by me first duly sworn, said such
________, testator, declared to me and to the said witnesses in my presence that said
such instrument is the testator's last will and testament, and that the testator had willingly
made and executed it as the testator's free and voluntary act and deed for the purposes
therein expressed; and the said. Such witnesses, each on the witness' oath stated
to me, in the presence and hearing of the said testator, that the said testator had declared
to them that said such instrument is the testator's last will and testament, and that the testator
executed same as such and wanted each witness to sign it as a witness; and. Upon their
oaths each witness stated further that they did sign the same will as witnesses in the presence
of each other and in the presence of the testator and at the testator's request, and that said
the testator at that time possessed the rights of majority, was of sound mind and under no

____________ (Testator)
____________ (Witness)
____________ (Witness)

      Subscribed, acknowledged and sworn to before me by ____, testator, and

and ________, witnesses, this ______ day of ______, A.D.______.

(Signed) ________

                                                   (Official capacity of officer)
 If an affidavit substantially in conformance with the affidavit described
herein 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 is

      A self-proved will, unless contested, shall be admitted to probate with-
out the testimony of any subscribing witness, but otherwise it shall be
treated no differently than a will not self-proved. A self-proved will may
be contested or be revoked, or be amended by a codicil in the same
fashion as a will not self-proved. A codicil or the consent to take under
the will by the spouse may be self-proved in the same manner as a will
may be self-proved.
Sec.  2. K.S.A. 59-606 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body


Speaker of the House
Chief Clerk of the House

Passed the SENATE ______________________________

President of the Senate
Secretary of the Senate

APPROVED ______________________________