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Kansas Transfer on Death Deed

Kansas enacted its statutory transfer on death deeds in 1997. These nontestamentary, nonprobate conveyances are governed by K.S.A. 59-3501 (2012) et seq. Nontestamentary means that the transfer is not included in or affected by the owner's last will and testament. Nonprobate means that the property's change in title occurs outside the probate process.

Transfer on death deeds, when lawfully executed and RECORDED DURING THE OWNER'S LIFE, convey a land owner's interest in a specific piece of real property to a designated beneficiary after the owner dies. Until death, the owner retains absolute rights to and control over the property, including entering into agreements to rent, mortgage, or sell the property outright.

The deeds do not require any consideration from the beneficiary, nor do they demand that the beneficiary receive notice about his/her/their potential future interest in real estate. The owner may also change, revoke, or otherwise modify the terms of the transfer. In addition, the statute explains that a "subsequent transfer-on-death beneficiary designation revokes all prior designations of grantee beneficiary or beneficiaries by such record owner for such interest in real estate" (K.S.A. 59-3503(b)).

As with a transfer on death deed, all revocations or other changes to a recorded transfer on death deed may be made "at any time prior to the death of the record owner, by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located an instrument describing the interest revoking the designation. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries is not required" (K.S.A. 59-3503(a)).

Beneficiaries should be aware, however, that they take "the record owner's interest in the real estate at death subject to all conveyances, assignments, contracts, mortgages, liens and security pledges made by the record owner or to which the record owner was subject during the record owner's lifetime, including . . . claims of the state of Kansas for medical assistance, as defined in K.S.A. 39-702" (K.S.A. 59-3504(b)).

Overall, transfer on death deeds offer a flexible and useful tool to owners of Kansas real estate. Even so, there are benefits and drawbacks to this method of estate planning. Because each situation is unique, contact an attorney with specific questions or for complex situations.

Deeds.com Kansas Transfer on Death Deed Forms Have Been Updated as Recently as Tuesday June 25, 2019

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Maria S. said: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

Reply from Staff: Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.


Select County where the property is located.

Kansas Transfer on Death Deed Form