Kansas Statutes Annotated
K.S.A. § 59-609 (2026)
Will executed without state
✓ current as of May 2026
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59-609. Will executed without state. A will executed without this state in the manner prescribed by this act, or by the law of the place of its execution, or by the law of the testator's residence either at the time of its execution or of the testator's death, shall be deemed to be legally executed, and shall have the same force and effect as if executed in compliance with the provisions of this act: Provided, Said will is in writing and subscribed by the testator.
History: L. 1939, ch. 180, § 45; July 1.
Notes of Decisions
Cited in 3
cases, 1981–1995 · leading case: Schillinger v. Indiana Univ. Found., 664 P.2d 824 (Kan. 1983).
Schillinger v. Indiana Univ. Found., 664 P.2d 824 (Kan. 1983). “59-606 because it is not signed at the end or pursuant to K.S.A. 59-609 because the term ‘subscribed’ in the proviso of such statute means ‘signed at the end’, and therefore the petitions for probate of will filed by Indiana University Foundation and Pauline Winnick are…”
In Re the Est. of Reed, 625 P.2d 447 (Kan. 1981). “59-606 because it is not signed at the end or pursuant to K.S.A. 59-609 because the term ‘subscribed’ in the proviso of such statute means ‘signed at the end’, and therefore the petitions for probate of will filed by Indiana University Foundation and Pauline Winnick are…”
Cline v. Meis, 905 P.2d 1072 (Kan. Ct. App. 1995). “Our Supreme Court concluded that statutes relating to the execution of wills must be strictly construed and that the word “subscribed at the end” in K.S.A. 59-609 means signed at the end. 229 Kan.”
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