Wills vs Trusts in Kansas: Choosing the Right Estate Tool for Your Family

December 12, 2025•3 min read

Estate planning can feel overwhelming—but two of its most central tools are simpler than they seem: wills and trusts. In Kansas, each comes with distinct advantages, limitations, and legal effects. Getting the difference right can save your family time, money, and stress.

In this article, we’ll walk you through:

What a will does (and doesn’t do)
What a trust can achieve
Kansas-specific rules to watch out for
How to decide which tool is right for your family
How both can often work together

What Is a Will?

A will, also known as a last will and testament, is a legal document that dictates how you want your assets distributed after your death, and often names a guardian for minor children.

Key Features of a Will in Kansas:

It does not take effect until after death
Must be written and signed in front of two competent witnesses (who are not inheritors) under Kansas law
Can include guardianship instructions for children
Doesn’t avoid probate: your will must pass through the Kansas probate court to become effective
You can revoke or amend your will by creating a new one or by codicil
If you die without a will (“intestate”), Kansas intestate statutes control how your assets are distributed

For a deeper dive into how wills work, visit our Wills Overview.

What Is a Trust?

A trust is a legal arrangement where your assets are placed into a trust and managed by a trustee, who distributes them to beneficiaries under terms you set—potentially even while you’re alive.

Types & Benefits of Trusts:

Revocable Living Trust: You retain control during your lifetime. After death, the assets pass on without probate.
Irrevocable Trusts: More restrictive, but they offer protection against creditors, long-term care costs, and they remove assets from consideration for Medicaid.
Special-purpose or supplemental trusts: E.g. for minors, special needs beneficiaries, or Medicaid planning.

Trusts can:

Avoid probate and associated delays and costs
Provide privacy (unlike wills which become public records)
Grant flexibility in how and when beneficiaries receive assets
Include provisions during incapacity—so a trustee can step in and manage your affairs
Help protect assets against creditors or in long-term care planning

To explore different types of trusts and their benefits, check out our Trusts Overview.

Kansas-Specific Rules You Must Know

Kansas has adopted the Uniform Trust Code, which standardizes trust rules across many areas.
Kansas recognizes both revocable and irrevocable trusts under state law.
Wills in Kansas must comply with formal signatures and witness requirements, else they can be invalidated.
There is no state-level estate or inheritance tax in Kansas, but federal estate taxes may apply for large estates.

Because state law affects how trusts and wills operate, working with a Kansas-licensed estate planning attorney is critical.