Transfer on death deed in Kansas

Kansas at a glance

TOD deed for real estate

Yes

Name in Kansas law

Transfer-on-death deed (TOD deed)

Law

K.S.A. 59-3501 to 59-3507

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

Register of deeds of the county where the real estate is located

After-death document

Certified copy of the owner's death certificate recorded with the register of deeds (no affidavit is named in the statute)

Notice to heirs

Not required

Official form

Yes

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Making a valid TOD deed in Kansas

• What the law does. A recorded TOD deed titles Kansas real estate in transfer-on-death form. Ownership vests in the named grantee beneficiaries when the record owner dies.
• Signing. The record owner signs the deed, acknowledges it before a notary, and records it in substantially the statutory form. The statute requires no witnesses. It sets no special capacity standard.
• Recording. The deed must be executed, acknowledged, and recorded with the register of deeds before the owner's death. The statute sets no deadline after signing. Johnson County's register of deeds says it 'must be filed prior to grantors death'.
• Payment, delivery, acceptance. No consideration is needed. The beneficiary's signature, consent, agreement, or notice is not required during the owner's life.
• Form. The statutory form wording is in K.S.A. 59-3502. County register of deeds forms exist, e.g., Shawnee County and Wyandotte County.

Changing it, and who you can name

• Revoking or changing. Before death, the owner may revoke by executing, acknowledging, and recording with the register of deeds an instrument that describes the interest and revokes the designation. The owner may also record a later TOD deed, which revokes all earlier designations. No beneficiary consent or notice is needed. A will cannot revoke a TOD deed.
• Beneficiaries. The owner names one or more grantee beneficiaries and may name alternates. If a beneficiary dies before the owner with no alternate named, the gift lapses. But for deeds filed on or after 2023-07-01, if the deed did not require survival, the deceased beneficiary's surviving issue take per stirpes.

After the owner dies

• Document. Certified copy of the owner's death certificate recorded with the register of deeds (no affidavit is named in the statute)
• Where. Register of deeds of the county where the real estate is located
• Steps. Title vests in the beneficiaries automatically at the owner's death. The statute names no after-death filing. County registers of deeds say ownership changes at death when the deed has the right language and a death certificate has been recorded. Johnson County accepts only an original or state-certified copy, without alterations or attachments.

Debts, Medicaid and the spouse

• Creditors and Medicaid. The beneficiary takes subject to the owner's mortgages, liens, contracts, and other interests, and expressly to the State of Kansas's claims for medical assistance (Medicaid estate recovery) under K.S.A. 39-709. During life, the owner is treated as absolute owner as regards creditors and purchasers. Kansas Legal Services says TOD deeds do not avoid creditors or estate recovery.
• Surviving spouse. The TOD deed statute is silent, but the Kansas elective-share law counts nonprobate transfers in the augmented estate: the value of the decedent's ownership interest in property passing to another person at death (other than the estate or spouse) is included, so TOD property can count toward a surviving spouse's elective share.

Good to know in Kansas

• A joint tenant may sign a TOD deed, but it takes effect only if that owner is the last surviving joint tenant. The deed does not sever the joint tenancy (K.S.A. 59-3505).
• A TOD deed is nontestamentary and is not invalid for failing to meet will formalities (K.S.A. 59-3507).
• Shawnee County's form says no Kansas Real Estate Sales Validation Questionnaire is required for a TOD deed (K.S.A. 79-1437e).
• The statute does not address spouse rights in TOD property.

Official pages

• Kansas TOD deed form
• Kansas statute
• Kansas self-help page
• No TOD deed or other plan? How Kansas handles a small estate without probate →

Sources

• K.S.A. 59-3501 (read October 28, 2026)
• K.S.A. 59-3502 (form and recording) (read October 28, 2026)
• K.S.A. 59-3503 (revocation) (read October 28, 2026)
• K.S.A. 59-3504 (vesting, Medicaid claims, lapse) (read October 28, 2026)
• K.S.A. 59-3505 (joint owners) (read October 28, 2026)
• K.S.A. 59-3506 / 58-2414 (creditors) (read October 28, 2026)
• Johnson County Register of Deeds, document filing requirements (read October 28, 2026)
• Riley County Register of Deeds FAQ (read October 28, 2026)
• Shawnee County Register of Deeds, Transfer on Death Deed form (read October 28, 2026)
• Kansas Legal Services, Kansas Transfer on Death Deed (read October 28, 2026)
• kansas spouse (verifier B) (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.