WILL PREPARATION IN LEAWOOD, KANSAS

Whether you are establishing a foundational plan for a young family or updating an existing document to reflect current Kansas statutes, the firm provides professional will preparation starting at $495. We serve clients throughout the Kansas City metropolitan area, ensuring your documents are legally enforceable in both Johnson and Wyandotte County jurisdictions.

While many clients initiate their planning with a foundational will, this document often serves as a strategic bridge. As your assets grow in complexity or your tax liabilities shift, we assist you in transitioning to comprehensive, trust-based planning to further shield your estate from the costs and public nature of probate.

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Who Needs A Will?

If you’re over 18 and own any assets, you need a will. Period. Kansas intestacy laws make decisions for people who die without a valid will, and those decisions rarely match what families actually want. Here are the most common situations where creating a will is essential:

Parents with Minor Children

If you have children under 18, a will is not optional. Without one, a Kansas probate court appoints guardians for your minor children without knowing your wishes, your family dynamics, or who you trust. Your will is the only legal document where you can name guardians, specify alternate guardians if your first choice is unavailable, provide guidance on raising your children, and ensure they remain in stable, loving homes.

Additionally, you can establish testamentary trusts that control when and how your children receive their inheritance, preventing young adults from receiving substantial assets before they’re ready to manage them responsibly.

Anyone Who Owns Real Property

Your home, rental properties, land, or any real estate you own will go through probate in Kansas. A will directs how that property transfers to your beneficiaries and names the executor who manages the process. Without a will, Kansas law decides who inherits (your surviving spouse may not receive everything you assume), probate takes longer, and family disputes are more common. Many homeowners in Johnson County have appreciated property worth $300,000 to $600,000 or more. Protecting that asset through a properly drafted will is fundamental estate planning.

People in Second Marriages or Blended Families

Blended families have complex inheritance issues. Without a will, your current spouse and your children from a prior marriage may have competing claims, and Kansas intestacy laws create outcomes nobody wanted. A will lets you provide for your spouse while ensuring children from previous relationships receive their intended inheritance. For more sophisticated planning, many clients with blended families transition to trust-based estate plans that use marital trusts and other strategies to balance everyone’s interests. Your will can address these complexities directly or serve as the foundation for more comprehensive planning.

Business Owners

If you own a business (sole proprietorship, partnership interest, LLC membership interest, or corporate stock), your will should address what happens to that business interest when you die. Without clear testamentary direction, your business could face disruption, forced dissolution, or disputes among heirs and business partners. Your will can transfer business interests to specific beneficiaries, work in coordination with buy-sell agreements, name an executor with business experience to manage the transition, and protect business value during estate administration. Many business owners eventually need comprehensive business succession planning that goes beyond a simple will, but a well-drafted will is the essential starting point.

Anyone Who Wants to Control Asset Distribution

Maybe you want to leave specific items to particular people (family heirlooms, jewelry, collections, vehicles, or other personal property with sentimental value). Perhaps you want to make charitable bequests to causes you care about. A will is your legal voice after death, directing who gets what and ensuring your intentions are honored. Without a will, Kansas statutes make purely formulaic decisions based on degrees of kinship, ignoring your actual relationships, your values, and your wishes.

People Who Want to Choose Their Executor

Your executor (personal representative) has significant responsibilities: filing your will with the probate court, marshaling your assets, paying debts and taxes, managing estate property, and making distributions to beneficiaries. You want someone you trust in this role, someone organized and reliable. Without a will, the court appoints someone (often based on a priority list in Kansas statutes), and it may not be the person you would have chosen. Your will lets you name the right person for this important job and designate successors if your first choice cannot serve.

Young Adults and Single People

Many young adults and single individuals assume they don’t need a will because they “don’t have much.” But you likely have more than you think: a car, retirement accounts, bank accounts, personal property, digital assets, and potentially life insurance through your employer. A will ensures these assets go where you want, names someone to handle your affairs, and can include provisions for future assets (like an inheritance or life insurance payout). Creating a will in your 20s or 30s establishes good planning habits and provides protection even if your estate is modest now.

How We Prepare Your Will

Creating your will with The Eastman Law Firm is straightforward and efficient. We guide you through every step, from initial consultation to final execution of your signed will. Here’s exactly what to expect:

This streamlined process ensures your will is completed efficiently while maintaining the highest standards of legal accuracy and client service. We return all calls within 60 minutes during business hours and can accommodate expedited timelines when you have urgent needs such as upcoming surgery, international travel, or health concerns.

Why Choose The Eastman Law Firm for Your Will

Not all wills are created equal, and not all attorneys have the same level of experience or commitment to client service. Here’s what sets us apart:

27 Years of Estate Planning Experience

Over 27 years, Gary Eastman has drafted 1,257 wills for Kansas families, created 5,423 trusts, and administered 143 probate estates. This depth of experience means we’ve seen virtually every family situation, every complication, and every issue that can arise.

We’ve helped young parents establish their first wills, updated wills for clients going through major life transitions, prepared complex wills for blended families and business owners, and guided executors through the probate administration process when clients pass away.

Experience matters in estate planning because the mistakes show up years later when you’re not around to fix them. We draft wills that work correctly when they’re needed most.

Dual Legal and Financial Expertise

Gary Eastman holds both a J.D. (Juris Doctor) and an M.B.A. in Finance from the University of Kansas. This dual expertise is rare among estate planning attorneys and particularly valuable when preparing wills that address complex financial situations.

We understand not just the legal requirements of valid will execution and probate compliance, but also the financial implications of asset distribution, the tax consequences of different bequest structures, the coordination with beneficiary designations on retirement accounts and life insurance, and the business considerations when wills include company interests. Many attorneys understand the law. Few understand both law and finance at a graduate level.

Big Firm Experience, Personal Service

Before establishing The Eastman Law Firm, Gary practiced at Polsinelli, a 900-attorney AmLaw 100 firm, where he handled over 500 transactions ranging from $50 million to over $1 billion. You get Fortune 500-level expertise without the impersonal service or outrageous hourly rates of large corporate law firms.

We bring sophisticated knowledge to every will we draft, even the simplest ones, because we understand how estate plans interact with business structures, tax strategies, and wealth transfer goals. But unlike large firms, you work directly with Gary Eastman himself, not junior associates or paralegals. You get his personal attention, his direct phone number, and his commitment to returning calls within 60 minutes during business hours.

Deep Johnson County Knowledge

We’ve served 1,134 Johnson County families over 27 years, and we understand the local context that matters for your estate planning. We know the probate procedures at Johnson County District Court in Olathe, understand the local real estate market and typical home values in Overland Park, Leawood, Olathe, Lenexa, and Shawnee, are familiar with the business community and employment base (Corporate Woods, major employers).

We regularly coordinate with local financial advisors, CPAs, and insurance professionals serving Johnson County clients. Local knowledge means your will addresses Kansas-specific requirements and Johnson County circumstances, not generic provisions that might work anywhere but aren’t optimized for here.

Transparent, Affordable Pricing

You know exactly what your will costs before we begin. No hourly billing, no surprise charges, no hidden fees. Individual wills start at $495, couple wills at $795, and more complex wills with guardian designations or testamentary trusts range from $695 to $1,495 depending on your needs.

This flat-fee pricing lets you plan your estate without worrying about every phone call or email adding to your bill. Compare this to large firms that might charge $400-$600 per hour with unpredictable total costs. Our transparent pricing reflects our belief that estate planning should be accessible to families at all asset levels, not just the ultra-wealthy.

Gateway to Comprehensive Planning

Many clients start with a simple will and later transition to more comprehensive estate planning as their assets grow, their families become more complex, or their planning needs become more sophisticated. We welcome that progression. A will prepared today becomes the foundation for trust-based planning tomorrow.

When you’re ready to avoid probate through revocable living trusts, minimize estate taxes through advanced strategies, protect assets from creditors and lawsuits, or implement business succession planning, we’re here to guide that evolution. You’re not just getting a will. You’re establishing a relationship with an attorney who will support your estate planning needs for decades.

Proven Track Record

Over 5,407 estate planning clients served. Over 5,423 trusts created. Over 1,257 wills drafted. Over 143 probate estates administered. These aren’t just numbers. They represent thousands of Kansas families who trusted us to protect what matters most to them. They represent children protected by guardian designations, spouses provided for through carefully drafted bequests, executors guided through probate administration, and beneficiaries who received their inheritances exactly as intended because the wills were drafted correctly. Our track record speaks to consistency, reliability, and results.

Frequently Asked Questions About Wills

Q: How much does it cost to have a will prepared?

Individual wills start at $495, and couple wills start at $795. More complex wills with guardian designations for minor children cost $695 for individuals or $995 for couples. Wills with testamentary trust provisions (controlling when and how beneficiaries receive inheritances) range from $995 to $1,495 depending on complexity.

All pricing is flat-fee with no hourly billing, and includes initial consultation, document drafting, one round of revisions, and the formal will execution ceremony with witnesses and notary. You know exactly what you’ll pay before we begin.

Q: How long does it take to get my will completed?

Most wills are completed within 3-4 weeks from initial consultation to final signing. The typical timeline is 7-10 business days for document drafting after your consultation, 3-5 business days for any revisions you request, and then we schedule your will execution ceremony at a mutually convenient time. If you have an urgent need (upcoming surgery, international travel, health concerns), we can often accommodate expedited timelines.

We return all calls within 60 minutes during business hours and work efficiently to get your will executed as quickly as possible while ensuring accuracy and completeness.

Q: Do I really need a lawyer, or can I use an online service or form?

Online will services and generic forms create documents that often fail when needed most. Kansas law has specific requirements for valid will execution (two witnesses, proper signatures, testamentary capacity), and generic forms don’t address Kansas-specific provisions, probate procedures, or common issues that arise during estate administration.

We’ve seen countless problems from DIY wills including improper witness signatures that invalidate the entire will, unclear beneficiary designations that cause family disputes, missing provisions that trigger unintended consequences, failure to address residuary estates properly, and language that doesn’t comply with Kansas statutes. The cost of fixing these problems during probate (when you’re no longer around to clarify your intentions) far exceeds the cost of having an attorney draft your will correctly the first time. For $495, you get a legally valid, professionally drafted will that actually works.

Q: What’s the difference between a will and a trust?

A will goes through probate after you die and only controls assets in your name alone, while a revocable living trust avoids probate and controls assets you’ve transferred into the trust during your lifetime. Wills are simpler and less expensive ($495-$1,495) but offer no privacy (probate is public record), no incapacity planning (wills only work after death), and no probate avoidance.

Trusts are more comprehensive ($3,000-$8,000) and provide privacy protection, incapacity planning (if you become unable to manage your affairs), probate avoidance (saving time and money), and better control over distributions. For many families, a simple will is sufficient. For families with substantial assets, real estate, or desire for privacy and probate avoidance, trust-based estate planning makes more sense. We help you understand which approach fits your situation and can start with a will now and transition to trusts later as your planning needs evolve.

Q: Can I change my will after it’s signed?

Yes, you can change your will at any time during your lifetime. You can make changes through a codicil (a formal amendment to your existing will) or by creating an entirely new will that explicitly revokes all prior wills. We recommend reviewing your will every 3-5 years or whenever major life changes occur including births, deaths, marriages, divorces, significant asset changes, moves to different states, changes in relationships with beneficiaries or executors, or changes in tax laws.

Minor changes like updating a beneficiary or adjusting a specific bequest can often be handled through a codicil. Major changes like restructuring your entire estate plan typically require drafting a new will. Never make handwritten changes on your signed will, as this can invalidate the entire document or create ambiguity about your intentions.

Q: What happens if I die without a will?

If you die without a valid will, you die “intestate” and Kansas intestacy laws determine who inherits your assets based on statutory formulas, not your actual wishes. For married people with children, the surviving spouse receives half the estate and children receive the other half (which may not be what you intended). For single people, parents, siblings, or more distant relatives inherit according to a priority list.

The probate court appoints an administrator to manage your estate (rather than an executor you chose), appoints guardians for minor children without knowing your preferences, and distributes property according to state law regardless of your relationships or circumstances. The process takes longer, costs more, and often creates outcomes nobody wanted. Even a simple will avoids these problems and ensures your wishes control what happens to your property and who cares for your children.

Q: Who should I name as executor of my will?

Choose an executor (called a personal representative in Kansas) who is trustworthy, organized, financially responsible, and willing to serve. Your executor handles significant responsibilities including filing your will with the probate court, marshaling and inventorying your assets, paying debts and taxes, managing estate property, and distributing assets to beneficiaries. Many people name their spouse, an adult child, a sibling, or a close friend. You should name at least one successor executor in case your first choice cannot serve. Avoid naming someone who lives far away (which complicates probate administration), has conflicts with beneficiaries, or lacks financial sophistication. You can name co-executors to serve jointly, though this sometimes creates inefficiencies if they disagree.

Professional fiduciaries (banks, trust companies, attorneys) can serve as executor for complex estates or when no suitable family member exists, though they charge fees for their services. We help you think through the best choice for your specific situation.

Q: Do I need to list every asset in my will?

No, you don’t need to list every asset individually unless you want specific items to go to specific beneficiaries. Your will should include specific bequests for particular items you want to leave to named individuals (family heirlooms, vehicles, collections, real estate, business interests), but the residuary clause in your will covers everything else you own without listing each asset separately. The residuary estate includes all assets not specifically mentioned elsewhere in the will. This approach is more flexible because you don’t need to update your will every time you buy or sell an asset.

However, remember that certain assets pass outside your will regardless of what it says including assets with designated beneficiaries (life insurance, retirement accounts, payable-on-death accounts), jointly owned property with survivorship rights, and assets held in trust. We help you coordinate your will with these other assets to ensure your complete estate plan works together properly.

Q: Should I name guardians for my adult children with disabilities?

Adult children with disabilities need different planning than minor children, typically involving special needs trusts rather than guardian designations. Once children turn 18, parents no longer have automatic legal authority to make decisions for them, even if they have disabilities. If your adult child lacks capacity to make their own decisions, you may need to pursue guardianship or conservatorship through the probate court (a separate legal process from your will).

However, your will can create a special needs trust funded with inheritance that provides for your child’s supplemental needs without disqualifying them from SSI, Medicaid, or other government benefits. The special needs trust names a trustee (not a guardian) to manage funds for your child’s benefit. We can draft testamentary special needs trust provisions in your will, though many families prefer standalone special needs trusts created during your lifetime for more immediate protection and planning flexibility.

Q: What are your office hours and how quickly do you respond?

Our Leawood office is open Monday through Friday, 9:00 AM to 5:00 PM, and we return all calls within 60 minutes during business hours. We’re located at 4901 W 136th Street, Suite 240, Leawood, KS 66224, with 45 free parking spaces including 6 dedicated accessible spaces. We schedule will consultations at our office or via video conference for clients who prefer virtual meetings. Evening and weekend appointments are available by arrangement when necessary.

We typically schedule initial consultations within one week of your call, complete document drafting within 7-10 business days, and can execute your will within 3-4 weeks total. If you have urgent needs, we accommodate expedited timelines whenever possible. Call us at (913) 908-9113 or use our online contact form to schedule your consultation.

Q: Can I disinherit someone in my will?

You can disinherit most people in your will, but Kansas law provides certain protections for surviving spouses. You cannot completely disinherit your spouse because Kansas has elective share laws that allow a surviving spouse to claim a portion of your estate (typically one-third to one-half depending on circumstances) regardless of what your will says. However, you can generally disinherit children (including adult children), parents, siblings, or anyone else.

If you want to disinherit someone, your will should explicitly state this intention (for example, “I intentionally make no provision for my son John”) rather than simply omitting them, which could allow them to argue you forgot about them. We can also include a no-contest clause (in terrorem clause) that disinherits anyone who challenges your will without probable cause, though these clauses must be carefully drafted to comply with Kansas law. If you’re concerned about will contests or family disputes, we discuss strategies to minimize these risks.

Q: What if my spouse and I die at the same time?

Your will should include simultaneous death provisions addressing what happens if you and your spouse die in a common accident or within a short time of each other. Kansas has adopted the Uniform Simultaneous Death Act, which provides default rules if your will doesn’t address this situation. However, well-drafted wills include explicit provisions stating that if both spouses die simultaneously or within a specified period (often 30 to 90 days), assets pass directly to contingent beneficiaries (typically children) rather than going through two probates.

For couples with minor children, this is particularly important for guardian designations, as you want named guardians to take custody immediately rather than having temporary guardians appointed. For couples with substantial estates, simultaneous death provisions can also address tax planning issues. We always include comprehensive simultaneous death language in wills for married couples to avoid ambiguity and ensure proper asset distribution regardless of the order of deaths.

Wills in Kansas: What You Need to Know

Kansas has specific legal requirements for valid will execution, unique probate procedures, and intestacy statutes that differ from other states. Understanding these Kansas-specific considerations ensures your will is legally enforceable and accomplishes your goals.

Kansas Will Execution Requirements

For a will to be legally valid in Kansas, you must meet these requirements: you must be at least 18 years old and of sound mind (testamentary capacity), you must sign your will or acknowledge your signature in the presence of at least two competent witnesses, and those witnesses must sign your will in your presence and in each other’s presence.

Kansas law does not require notarization for a valid will, though we strongly recommend creating a self-proving will with notarized signatures. Holographic wills (entirely handwritten and unwitnessed) are not recognized in Kansas and should never be relied upon. Oral wills (nuncupative wills) are also invalid in Kansas except in very limited circumstances for military personnel in active service.

Kansas Intestacy Laws

If you die without a valid will, Kansas intestacy statutes (K.S.A. 59-501 through 59-513) determine who inherits your property based on your family relationships. For married individuals with children from that marriage, the surviving spouse receives 50% of the intestate estate and children share the remaining 50%. For married individuals with children from prior relationships, the surviving spouse receives 50% and all children (from all relationships) share the other 50%.

For single individuals with children, children inherit everything equally. For individuals without a spouse or children, parents inherit (if living), then siblings, then more distant relatives according to statutory priority. These formulas rarely match what people actually want, which is why having a will is essential even if your estate is modest.

Johnson County Probate Procedures

All Johnson County probate matters are handled at the Johnson County District Court, 100 North Kansas Avenue, Olathe, Kansas 66061. When you die, your executor files your will with the Johnson County District Court along with a petition for probate. The court validates your will, appoints your personal representative, and supervises the estate administration process. Johnson County probate typically takes 6-12 months for straightforward estates and longer for complex situations.

Filing fees are approximately $195, with additional costs for publication notices (required to notify potential creditors), certified copies, and other administrative expenses. Having a properly drafted will streamlines this process, though it doesn’t avoid probate entirely (only trusts avoid probate).

Kansas Does Not Have State Estate Tax

Kansas eliminated its state estate tax effective January 1, 2010. This means Kansas residents only need to worry about federal estate tax, which currently applies to estates exceeding $13.61 million per person ($27.22 million for married couples in 2024). However, this federal exemption is scheduled to decrease to approximately $7 million per person (adjusted for inflation) in 2026 unless Congress acts to extend the higher exemption.

For most Kansas families, this means no estate tax planning is necessary in your will, though high-net-worth individuals approaching these thresholds should consider more sophisticated tax planning strategies including irrevocable trusts, annual gifting programs, and other advanced techniques beyond what a simple will can accomplish.

Kansas Elective Share Law

Kansas provides surviving spouses with significant protections through elective share laws. Even if your will attempts to disinherit your spouse or leaves them less than they would receive under intestacy, your surviving spouse can elect to take a statutory share of your estate (typically between one-third and one-half depending on circumstances and length of marriage). This right cannot be waived except through a valid prenuptial agreement or postnuptial agreement.

If you’re in a second marriage and want to leave substantial assets to children from a prior marriage rather than your current spouse, you need careful planning (potentially including trusts and properly drafted marital agreements) rather than simply attempting to disinherit your spouse through your will.

Digital Assets Under Kansas Law

Kansas has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (K.S.A. 58-4,100 through 58-4,121), which governs how executors can access your digital assets including email accounts, social media, online banking, cryptocurrency, cloud storage, and other electronic property.

Without specific authorization in your will, your executor may be unable to access these digital assets even though they’re responsible for administering your estate. Modern wills should include comprehensive digital asset provisions granting your personal representative the authority to access, manage, and distribute digital property in accordance with your wishes and Kansas law.

Updating Your Will After Moving to Kansas

If you created a will in another state before moving to Kansas, your will likely remains valid but should be reviewed to ensure it complies with Kansas law and addresses Kansas-specific considerations. Different states have different witness requirements, different intestacy provisions, different probate procedures, and different laws regarding spousal rights and digital assets. We review out-of-state wills for Kansas residents to identify any issues and recommend whether updating your will or creating a new Kansas will makes sense.

At a minimum, you should update your will to name a Kansas resident as executor (or at least ensure your out-of-state executor is willing and able to serve in Kansas probate court) and address Kansas-specific provisions that may not have been included in your original will.

Our Leawood Office Serves All Kansas Residents

While our office is located in Leawood at 4901 W 136th Street, Suite 240, we serve clients throughout the Kansas City metro area and across Kansas. We’re easily accessible from Johnson County cities (Overland Park, Olathe, Lenexa, Shawnee, Prairie Village, Mission), Wyandotte County (Kansas City KS, Bonner Springs), and surrounding areas. We offer both in-office consultations and virtual video conferences for clients who prefer remote meetings. Our convenient location just off 135th Street provides free parking with 45 spaces including 6 accessible spaces.

Whether you live down the street or across the state, we provide the same high-quality will preparation services with responsive communication and personal attention.

Serving Families Throughout Johnson County

The Eastman Law Firm proudly serves families across Johnson County and the greater Kansas City metropolitan area. Wherever you are in our community, we're here to help.

Johnson County Cities

Don’t Wait Until It’s Too Late

You can’t create a will after you’re gone. The time to protect your family, name guardians for your children, and ensure your wishes are honored is now, while you’re able to make these critical decisions.

At The Eastman Law Firm, we prepare legally sound wills that protect Kansas families from intestacy, probate complications, and court-appointed guardians. Gary Eastman’s 27 years of experience drafting 1,257 wills ensures your will is executed properly, complies with Kansas law, and accomplishes exactly what you intend.

Protect your family. Create your will today.

27 years of experience • 1,257 wills drafted • J.D. + M.B.A. credentials • Polsinelli (AmLaw 100) background • Calls returned within 60 minutes (during business hours)