Kansas Statutes Annotated

K.S.A. § 59-608 (2026)

Nuncupative will

✓ current as of May 2026

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59-608. Nuncupative will. An oral will made in the last sickness shall be valid in respect to personal property, if reduced to writing and subscribed by two competent, disinterested witnesses within thirty days after the speaking of the testamentary words, when the testator called upon some person present at the time the testamentary words were spoken to bear testimony to said disposition as his or her will.

History: L. 1939, ch. 180, § 44; July 1.

Notes of Decisions

Cited in 9 cases, 1980–2020 · leading case: In Re Est. of Petty, 608 P.2d 987 (Kan. 1980).

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In Re Est. of Petty, 608 P.2d 987 (Kan. 1980). · cites it 2× “Every will, except an oral will as provided in K.S.A. 59-608, shall be in writing, and signed at the end thereof by the party making the same, or by some other person in the presence and by the express direction of the testator and shall be attested and subscribed in the…”

In Re Est. of Farr, 49 P.3d 415 (Kan. 2002). “Compare K.S.A. 59-608 (an oral will made in the testator's last sickness is valid with respect to personal property if it is reduced to writing and subscribed by two competent and disinterested witnesses within 30 days).”

In Re the Est. of Reed, 625 P.2d 447 (Kan. 1981). ““Every will, except an oral will as provided in K.S.A. 59-608, shall be in writing, and signed at the end thereof by the party making the same, or by some other person in the presence and by the express direction of the testator and shall be attested and subscribed in the…”

In Re the Est. of Milward, 73 P.3d 155 (Kan. Ct. App. 2003). “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 will.”

In Re Est. of Morton, 740 P.2d 571 (Kan. 1987). “In spite of the finding the decedent created valid trusts, we must still determine whether such trusts are testamentary in nature, and accordingly must comply with the statute of wills, K.”

In Re the Est. of Leavey, 202 P.3d 99 (Kan. Ct. App. 2009). “59-608 and amendments thereto, shall be in writing, and signed at the end by the party making the will, or by some other person in the presence and by the express direction of the testator. Such will shall be attested and subscribed in the presence of such party by two or more…”

In Re the Est. of Morton, 733 P.2d 834 (Kan. Ct. App. 1987). “59-606, provides: “Every will, except an oral will as provided in K.S.A. 59-608, shall be in writing, and signed at the end thereof by the party making the same, or by some other person in the presence and by the express direction of the testator and shall be attested and…”

Moore v. Moore, 740 P.2d 571 (Kan. 1987). “In spite of the finding the decedent created valid trusts, we must still determine whether such trusts are testamentary in nature, and accordingly must comply with the statute of wills, K.”

In re Est. of Boone (Kan. Ct. App. 2020). “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 will.”

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