My Account Deeds.com Real Estate Deeds

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 Thursday March 14, 2019

4.7 out of 5 (375 Reviews)

What others like you are saying:


Cherene K. said: The process was easy and reasonable. My only problem was that, when I filled out my form on the computer, the writing I did overlapped with the pre-written words on the form, so that I had to end up doing it by hand. I've used DEEDS before and have not had that problem.

Reply from Staff: Thank you for your feedback Cherene. We've emailed you for some followup regarding the issue you reported.


Thomas E. said: Great, immediate access to everything I needed to assist my client! This is truly a great resource for a Notary Public! I will surely keep my account open, and will refer others as well!

Reply from Staff: Thank you for the Kind words Thomas. We really appreciate you! Have a great day.


Earl L. said: Fair!

Reply from Staff: Thank you!


Howard T. said: Easy to use and it is very user friendly.

Reply from Staff: Thank you!


Deborah B. said: EVERYTHING WENT WELL, HAD NO PROBLEMS DOWNLOADING MY FORMS. THE ORDER QUICK AND EASY. THANKS IF I EVER NEED AND OF THESES FORMS AGAIN I WILL BE BACK.

Reply from Staff: Thanks Deborah, we really appreciate your feedback.


Pamela G. said: This is an easily navigated site and the forms came with detailed directions. I have already recommended Deeds.com to a family member.

Reply from Staff: Thank you so much Pamela, we really appreciate it!


Select County where the property is located.

Kansas Transfer on Death Deed Form