Detailed Answer

Disclaimer: This article is for educational purposes only. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.

1. Requirements for a Valid Will in Kansas

Under Kansas law, a formal will must meet these conditions (K.S.A. 59-601):

The testator is at least 18 years old.
The testator has testamentary capacity.
The will is signed by the testator.
Two competent witnesses sign in the testator’s presence. (K.S.A. 59-601)

Kansas does not require notarization to make a will valid.

2. Unwitnessed or Unnotarized Wills

If your will has no attesting witnesses, it generally fails to meet the formal requirements. Kansas courts will not admit it as a formal will unless it fits one of these narrow exceptions:

Holographic Military Wills: Active-duty service members may execute a handwritten will without witnesses under K.S.A. 59-701. Civilian holographic wills are not recognized.
Foreign Wills: A will executed according to another state’s laws may be admitted in Kansas if it was valid where signed (K.S.A. 59-605).
Lost or Destroyed Wills: If the original will existed but is now missing, you may prove its contents and signature by at least two credible witnesses under K.S.A. 59-607. However, these witnesses must know of the testator’s intention; they cannot serve as substitute attesting witnesses.

3. Steps to Seek Probate

Review the will: Confirm whether it qualifies under a statutory exception (e.g., military holographic or valid foreign will).
Locate witnesses or evidence: If you lost attesting witnesses, gather affidavits or credible testimony under K.S.A. 59-607.
Prepare a probate petition: File in the district court of the decedent’s county of residence.
Submit required documents: Include the original will (or a copy if lost), witness affidavits, death certificate, and the probate filing fee.
Attend a court hearing: A judge will review admissibility. If the will fails formal requirements without exception, the court may deny probate.
Consider re-execution: If the testator is alive and capable, draft a new will that meets K.S.A. 59-601 and obtain two witnesses.

Helpful Hints

Always have two disinterested witnesses present when signing a will.
Keep the original will in a safe place; file a self-proved affidavit if your state allows.
If you’re on active duty, investigate military will rules under K.S.A. 59-701.
Consult an attorney promptly if attesting witnesses are unavailable.
Consider notarization even when it’s not legally required—it can deter challenges.