Kansas Transfer-on-Death Deed

At a glance

How the deed works

Kansas has authorized transfer-on-death (TOD) deeds for real estate since 1997, codified in the Probate Code at K.S.A. 59-3501 et seq. (Article 35). Under K.S.A. 59-3501, an interest in real estate may be titled in transfer-on-death form by recording a deed, signed by the record owner, that designates one or more grantee beneficiaries; the deed transfers ownership of that interest upon the owner's death.

Under K.S.A. 59-3502, the interest is titled in TOD form by executing, acknowledging, and recording the deed — in the office of the register of deeds of the county where the real estate is located — before the death of the owner. The TOD deed is revocable, transfers no ownership until the owner's death, and revokes all prior beneficiary designations by that owner for the same interest. No consideration is required, and the grantee beneficiary's signature, consent, or notice is not required during the owner's life (K.S.A. 59-3501).

Because the beneficiary gets nothing until the owner dies, the owner keeps full control — free to sell, mortgage, or re-designate during life. A Kansas attorney can confirm proper execution and the register-of-deeds recording steps.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Kansas:

• Recording before death: Must be executed, acknowledged, and recorded before the owner's death.
• Governing statute: K.S.A. 59-3501 et seq. K.S.A. 59-3501 to 59-3507 — Transfer-on-death (Probate Code, Art. 35) · enacted 1997.

Changing or revoking the deed

A TOD designation is revocable at any time before the owner's death. Under K.S.A. 59-3503, the owner may revoke by executing, acknowledging, and recording — in the register of deeds office where the real estate is located — an instrument describing the interest and revoking the designation; the beneficiary's signature, consent, or notice is not required.

The owner may instead change the beneficiary by executing, acknowledging, and recording a later transfer-on-death deed under K.S.A. 59-3502. A Kansas TOD designation cannot be revoked by will (K.S.A. 59-3503).

Mortgages, Medicaid & community property

Existing mortgages and liens

A beneficiary who takes Kansas real estate through a TOD deed takes it subject to all mortgages, tax liens, judgment liens, and other encumbrances existing at the owner's death. The deed passes the owner's interest as-is and does not extinguish secured debts.

Medicaid estate recovery

A Kansas TOD deed keeps the owner as full owner during life, so creating one is generally not a disqualifying transfer, but Medicaid estate recovery after death is a serious, fact-specific issue. Confirm any plan with the Kansas Department of Health and Environment (which administers Medicaid) and an attorney or elder-law professional licensed in Kansas; this record does not assert a specific post-death recovery scope.

Community property

Kansas is a common-law (separate-property) state. Kansas is a common-law (non-community-property) state, so there is no community-property survivorship feature to reconcile. For married or co-owned property, note that a surviving joint tenant's right of survivorship generally passes ahead of a TOD beneficiary, so how title is held should be coordinated with any TOD deed.

State-specific quirks

Where to read next

• Kansas estate & inheritance tax — whether Kansas taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Kansas, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology