Kansas - Hamilton County Transfer on Death Deed Forms

Included Forms

All Hamilton County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Deed Form - Hamilton County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/8/2022

Transfer on Death Deed Guide - Hamilton County

Line by line guide explaining every blank on the form.
Included document last updated 8/3/2022

Completed Example of the Transfer on Death Deed Document - Hamilton County

Example of a properly completed form for reference.
Included document last updated 9/19/2022

Included Supplemental Documents

The Following Kansas and Hamilton County supplemental forms are included as a courtesy with your order.

List of Counties for One-part Form (Kansas Document)

Real Estate Sales Validation Questionnaire / One-part Form (Kansas Document)

Certificate of Acknowledgment - Individual (Kansas Document)

Certificate of Acknowledgment - Representative (Kansas Document)

Jurat (Kansas Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Kansas or Hamilton County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Hamilton County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Hamilton County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Transfer on Death Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Hamilton County that you need to transfer you would only need to order our forms once for all of your properties in Hamilton County.
• Are these forms guaranteed to be recordable in Hamilton County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hamilton County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Transfer on Death Deed Forms:

• Hamilton County

Including:

• Coolidge
• Kendall
• Syracuse

What is the 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.

Our Promise

The documents you receive here will meet, or exceed, the Hamilton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Hamilton County Transfer on Death Deed 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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