Smith County Transfer on Death Deed (Married Sole Owner) Form

Last validated October 25, 2026 by our Forms Development Team

Formatted for recording in Smith County, for property anywhere in the county: rural and unincorporated areas as well as Athol, Cedar, Gaylord, Kensington, Lebanon, Smith Center.

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Smith County Transfer on Death Deed (Married Sole Owner) Form

Smith County Transfer on Death Deed (Married Sole Owner) Form

Fill in the blank Transfer on Death Deed (Married Sole Owner) form formatted to comply with all Kansas recording and content requirements.

Document last validated 10/25/2026
Smith County Transfer on Death Deed (Married Sole Owner) Guide

Smith County Transfer on Death Deed (Married Sole Owner) Guide

Line by line guide explaining every blank on the Transfer on Death Deed (Married Sole Owner) form.

Document last validated 10/25/2026
Smith County Completed Example of the Transfer on Death Deed (Married Sole Owner) Document

Smith County Completed Example of the Transfer on Death Deed (Married Sole Owner) Document

Example of a properly completed Kansas Transfer on Death Deed (Married Sole Owner) document for reference.

Document last validated 10/25/2026

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Smith County Register of Deeds

Address:
218 S Grant St, Suite 7
Smith Center, Kansas 66967

Hours: 8:00 to 12:00 & 1:00 to 5:00 Mon-Fri

Phone: (785) 282-5160

Recording Tips for Smith County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Both spouses typically need to sign if property is jointly owned
  • Bring extra funds - fees can vary by document type and page count
  • Check margin requirements - usually 1-2 inches at top

Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

  • Athol
  • Cedar
  • Gaylord
  • Kensington
  • Lebanon
  • Smith Center

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Smith County

How do I get my forms?

Forms are available for immediate download after payment. The Smith County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Smith County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Smith County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Smith County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Smith County?

Recording fees in Smith County vary. Contact the recorder's office at (785) 282-5160 for current fees.

Questions answered? Let's get started!

One spouse on the title, one signature on the deed. This Kansas transfer on death deed is prepared for a married owner who holds real estate in that owner's name alone and names who takes it at death, outside probate, under K.S.A. 59-3501 through 59-3507; it is also searched for as a Kansas TOD deed or beneficiary deed for a married person.

Title in one name, and what that means at signing

Section 1 of the deed prints the configuration as deed text: the owner named below is a married person and the sole owner of the interest in real estate described in Section 4, and the owner's spouse is not a record owner of that interest. The owner alone signs, in Section 5, and one acknowledgment certificate in the Kansas short form of K.A.R. 7-43-17 follows; the deed carries no spouse signature line, consent line, or joinder. An owner who inherited a farmhouse before a second marriage and names an adult child from the first, and an owner whose name alone is on a purchase deed and who names the spouse, each present the pattern this deed recites.

What Kansas gives the spouse anyway

Signing alone does not change what Kansas law gives a surviving spouse. K.S.A. 59-505 entitles a surviving spouse to one-half of all real estate the decedent was seized or possessed of at any time during the marriage and to whose disposition the survivor did not consent in writing, by will, or by election. The elective share of K.S.A. 59-6a201 and following measures a percentage of an augmented estate that, under K.S.A. 59-6a205(a)(3), counts the decedent's ownership interest in property passing to another at death to the extent it passed to someone other than the estate or the surviving spouse. The Kansas Constitution, article 15, section 9, with K.S.A. 60-2301, bars alienation of the occupied homestead without the joint consent of husband and wife; this deed transfers no ownership until the owner's death and makes no statement about the homestead. The deed neither enlarges nor cuts off those rights; it states a beneficiary designation and leaves them where the statutes put them.

One beneficiary or several, and a named alternate

Section 2 takes one or more grantee beneficiaries, each by name and mailing address, the designation K.S.A. 59-3501(a) describes; the block is set up for natural persons. Section 3 is optional: its printed sentence designates an alternative grantee beneficiary to succeed to the interest of a beneficiary who dies before the owner, the designation K.S.A. 59-3504(c)(1) looks for before a transfer lapses. With no alternative named, K.S.A. 59-3504(c)(2) vests a predeceased beneficiary's share in that beneficiary's surviving issue per stirpes, and where there are no issue the transfer as to that beneficiary lapses.

The statutory sentence and the legend

Section 4 carries the operative words of the K.S.A. 59-3502 form: the owner as owner transfers on death to the grantee beneficiary, as grantee beneficiary, the described interest in real estate. The county and legal description follow, then the legend in capitals stating that nothing passes until the owner dies, that the deed can be revoked, and that it replaces every earlier designation by this owner for this interest. K.S.A. 59-3503 lets the owner revoke by a recorded instrument or replace the designation with a later recorded deed, and a will cannot do either; a revocation instrument is prepared and recorded separately and is not included in this package.

Recording before death, in the county where the land lies

The deed works only if it is on record while the owner lives: K.S.A. 59-3502 titles the interest in transfer-on-death form by executing, acknowledging, and recording the deed in the office of the register of deeds in the county where the land sits, before the owner dies. Kansas collects no transfer tax; the K.S.A. 28-115 fees apply, and the Department of Revenue's Directive #19-041 places a transfer on death deed outside the sales validation questionnaire because nothing passes at filing. After the owner's death the beneficiary completes the county record with evidence of the death, an affidavit of death prepared and recorded separately and not included in this package.

The package includes the fillable deed with its non-recorded instructions page, a completed example on a Douglas County fact pattern, and a guide covering each section, the signing formalities, the spouse's statutory rights, and recording. This description and the guide describe the form and the Kansas statutes in general terms and are not legal advice.

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the county recording office listed above.

This Transfer on Death Deed (Married Sole Owner) meets all recording requirements specific to Smith County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Smith County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Smith County Transfer on Death Deed (Married Sole Owner) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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It would be nice if the notary State was fillable, we are having to notarize in another State. Also, need more room to add 2 beneficiaries with two different addresses.

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