Kansas · K.S.A. 59-3501–59-3507Kansas transfer-on-death deeds: the rules and what they mean for a sale

In Kansas, a record owner titles real estate in transfer-on-death (TOD) form by signing, acknowledging and recording – with the register of deeds in the county where the property is, before the owner's death – a deed in substantially the statutory form naming a grantee beneficiary; it needs no consideration, and the beneficiary's signature, consent or notice isn't required during the owner's life (K.S.A. 59-3501, 59-3502). The owner can revoke the designation by recording a revoking instrument, or change it by recording a later TOD deed, which revokes earlier designations – but a will can't revoke it (K.S.A. 59-3503). Title vests in the beneficiary at the owner's death, subject to everything the owner did or was subject to during life: conveyances, executory contracts of sale, options, leases, easements, mortgages, liens and the state's claims for medical assistance (K.S.A. 59-3504(b)). If a beneficiary dies first and no alternate is named, the share lapses unless the deed wasn't made contingent on survival and the beneficiary left surviving issue (K.S.A. 59-3504(c)). A joint tenant can use a TOD deed, but it takes effect only if that owner is the last joint tenant to die, and it doesn't sever the joint tenancy (K.S.A. 59-3505). Because the owner's contracts of sale bind the beneficiary, an owner remains free to sell during life.