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Kansas Transfer on Death Deed

A Kansas transfer-on-death deed names a beneficiary to receive your home without probate. It must be notarized and recorded with the register of deeds before your death. No witnesses are required. Attorney review available.

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Introduction

A transfer on death deed in Kansas, which the statute calls a transfer-on-death (TOD) deed, is a deed you sign and record while you are alive that names a beneficiary to receive your real estate automatically when you die, without probate (K.S.A. 59-3501 and following). During your life the deed transfers no ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die. To create the deed in Kansas, you execute it, have it acknowledged before a notary, and record it in the office of the register of deeds in the county where the real estate is located, before your death, using substantially the statutory form (K.S.A. 59-3502). Kansas does not require witnesses. Kansas does not set a fixed number of days to record, but the deed has no legal weight unless it is recorded before you die, so record promptly after signing. You can revoke the deed at any time before death by executing, acknowledging, and recording an instrument that revokes the designation, or by recording a later transfer-on-death deed for the same property; a will cannot revoke it (K.S.A. 59-3503). At your death, title vests in the beneficiary subject to the mortgages, liens, and Kansas medical assistance claims to which you were subject during life (K.S.A. 59-3504). DocDraft builds your Kansas transfer-on-death deed from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    In Kansas a transfer on death deed, called a transfer-on-death (TOD) deed, is a deed you record while alive that names a beneficiary to receive your real estate automatically at your death, without probate (K.S.A. 59-3501 and following).

  2. 2

    During your life the deed transfers no ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die.

  3. 3

    To create the deed you execute it, have it acknowledged before a notary, and record it in the register of deeds office in the county where the real estate is located, before your death, in substantially the statutory form (K.S.A. 59-3502).

  4. 4

    Kansas does not require witnesses on a transfer-on-death deed. A notary acknowledgment is the key signing formality.

  5. 5

    Kansas sets no fixed number of days to record, but an unrecorded deed has no legal weight. The deed must be recorded before you die, so record promptly after signing.

  6. 6

    You can revoke the deed before death by recording an instrument that revokes the designation, or by recording a later transfer-on-death deed for the same property. A will cannot revoke it (K.S.A. 59-3503).

  7. 7

    At your death the beneficiary takes the property subject to the mortgages, liens, and Kansas medical assistance claims to which you were subject during life (K.S.A. 59-3504).

Key decisions before you file

Before you file a Transfer on Death Deed in Kansas, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.

Open the Transfer on Death Deed guide

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KANSAS TRANSFER-ON-DEATH (TOD) DEED (Kansas Statutes Annotated 59-3501 and following)

Recording requested by: [YOUR NAME] When recorded, mail this deed to: [NAME], [ADDRESS] Parcel identification number: [PARCEL ID]

Important notice: THIS TRANSFER ON DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER. It must be recorded in the register of deeds office before the owner death, or it has no legal weight (K.S.A. 59-3502).

  1. Owner. The record owner is [OWNER FULL NAME], residing at [OWNER ADDRESS], who owns the interest in real estate described below.

  2. Property. The real estate is located in [COUNTY] County, Kansas, and the interest is legally described as: [FULL LEGAL DESCRIPTION FROM THE CURRENT DEED], commonly known as [STREET ADDRESS], parcel [PARCEL ID].

  3. Beneficiary. As owner, I transfer on death to [BENEFICIARY FULL NAME], as grantee beneficiary, the interest in real estate described above. If I name more than one beneficiary, they take in equal shares unless I state otherwise here: [SHARES]. If a beneficiary does not survive me, I designate [ALTERNATE BENEFICIARY FULL NAME] as the alternate grantee beneficiary; otherwise the transfer to that beneficiary lapses.

  4. Revocability and effect. This deed is revocable. It transfers no ownership until my death and has no effect on my ownership while I am alive; I may sell, mortgage, lease, or revoke it without the beneficiary consent. The signature, consent, or notice of the beneficiary is not required during my life. This deed revokes all prior beneficiary designations by me for this interest in real estate.

  5. Revocation. I may revoke this deed before my death by executing, acknowledging, and recording an instrument that revokes this designation in the register of deeds office, or by recording a later transfer-on-death deed for this property (K.S.A. 59-3503). A will cannot revoke this deed.

  6. Warning. At my death the beneficiary takes the interest subject to the conveyances, mortgages, liens, and Kansas medical assistance claims to which I was subject during my life (K.S.A. 59-3504). This deed passes only the interest in real estate described above and does not change my other assets or my will.

  7. What the beneficiary does at my death. To claim the property, the beneficiary should record, with the register of deeds where the real estate is located, proof of my death, such as a certified copy of the death certificate, and complete any transfer the county requires. Until the beneficiary records that proof, the public records will continue to show me as the owner.

Signature. I sign this deed on [DATE].

[OWNER FULL NAME], Record Owner

Notary acknowledgment. [Kansas notary acknowledgment block; the owner signature must be acknowledged before a notary public. Kansas does not require witnesses.]

Note: This Kansas transfer-on-death deed must be signed, acknowledged before a notary, and recorded in the register of deeds office where the real estate is located before the owner death, in substantially the statutory form. For the generic template and other states, see the Transfer on Death Deed hub.

Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Kansas in about a minute, and notarize it online through DocDraft if it does.

Kansas Requirements for Transfer on Death Deed

Use the Kansas Statutory TOD Deed Form

Kansas allows an interest in real estate to be titled in transfer-on-death form using substantially the statutory form in K.S.A. 59-3502. The deed states that it is revocable and transfers no ownership until the death of the owner.

Legal Description of the Interest in Real Estate

The full legal description of the interest in real estate from the current recorded deed, plus the street address and the parcel identification number. A street address alone is not enough to record the deed with the register of deeds.

Name the Grantee Beneficiary and an Alternate

The full legal name of the grantee beneficiary who will receive the property at the owner death, and an alternate if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.

Acknowledge Before a Notary, No Witnesses

The owner must execute the deed and have the signature acknowledged before a notary public. Kansas does not require witnesses on a transfer-on-death deed (K.S.A. 59-3502).

Record With the Register of Deeds Before Death

The deed must be recorded in the office of the register of deeds in the county where the real estate is located before the owner death. An unrecorded deed has no legal weight, so record promptly after signing (K.S.A. 59-3502).

Revoke Only by a Recorded Instrument

The deed may be revoked before death by recording an instrument that revokes the designation, or by recording a later transfer-on-death deed for the same property. A will cannot revoke a Kansas transfer-on-death deed (K.S.A. 59-3503).

Property Passes Subject to Liens and Claims

At the owner death the beneficiary takes the property subject to the conveyances, mortgages, liens, and Kansas medical assistance claims to which the owner was subject during life (K.S.A. 59-3504).

Plan for a Beneficiary Who Dies First

If a grantee beneficiary dies before the owner and no alternate is named, the transfer to that beneficiary lapses (K.S.A. 59-3504). Naming an alternate beneficiary keeps the property out of probate if the first beneficiary dies first.

Does your Transfer on Death Deed need to be notarized in Kansas?

Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

In Kansas it is called a transfer-on-death (TOD) deed. It is a deed you sign and record while you are alive that names a beneficiary to receive your real estate automatically when you die, without probate (K.S.A. 59-3501). During your lifetime it transfers no ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the interest in real estate described in the deed.

A Kansas will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A Kansas transfer-on-death deed passes the specific real estate it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer-on-death deed covers only the real estate it describes. Many people use both, so the deed handles the home and the will handles everything else.

To create a valid Kansas transfer-on-death deed you execute the deed, have your signature acknowledged before a notary, and record it in the office of the register of deeds in the county where the real estate is located, before your death, using substantially the statutory form (K.S.A. 59-3502). Kansas does not require witnesses. The deed must clearly describe the interest in real estate and name one or more grantee beneficiaries.

No. Kansas does not require witnesses on a transfer-on-death deed. The signing formality is that the owner executes the deed and has the signature acknowledged before a notary public, then records it with the register of deeds before death (K.S.A. 59-3502). This is different from states like Illinois, which require two witnesses. In Kansas the notary acknowledgment and recording before death are what make the deed effective.

A Kansas transfer-on-death deed must be recorded in the office of the register of deeds in the county where the real estate is located before the owner death; an unrecorded deed has no legal weight under Kansas law (K.S.A. 59-3502). Kansas does not set a fixed number of days to record after signing, unlike some states, but the safest practice is to record the deed promptly after it is signed and notarized.

Yes, at any time before your death. You can revoke a Kansas transfer-on-death deed by executing, acknowledging, and recording an instrument that revokes the beneficiary designation in the register of deeds office, or by recording a later transfer-on-death deed for the same property, which revokes the prior designation (K.S.A. 59-3503). A will cannot revoke a Kansas transfer-on-death deed, so you must use one of these recorded methods.

A Kansas transfer-on-death deed lets the named real estate pass to the beneficiary outside probate, which can save time and cost. It does not erase debts. At your death the beneficiary takes the property subject to the conveyances, mortgages, liens, and Kansas medical assistance claims to which you were subject during life (K.S.A. 59-3504). The deed also does not change your other assets, which still pass under your will or Kansas law.

Under Kansas law, if a grantee beneficiary dies before the owner and no alternate beneficiary is named on the deed, the transfer to that beneficiary lapses (K.S.A. 59-3504). In some cases where the deed was not made contingent on survival, the interest may pass to that beneficiary surviving issue instead. Naming an alternate beneficiary in the deed is the clearest way to keep the property out of probate if your first beneficiary dies first.