Affidavit of Surviving Joint Tenant (Kansas)

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is a sworn instrument used to clear title after the death of one joint tenant. In Kansas, a grant or devise to two or more persons creates a TENANCY IN COMMON unless the instrument makes clear that a joint tenancy was intended (K.S.A. 58-501); only a joint tenancy carries a right of survivorship. K.S.A. 58-501 expressly provides that, when a joint tenant dies, an "affidavit of death from some responsible person who knows the facts" constitutes prima facie evidence of the death and, where real property is involved, "shall be recorded in the office of the register of deeds in the county where the land is situated." Attach a certified copy of the death certificate. Kansas imposes no real estate transfer tax and no state estate or inheritance tax.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Kansas

[3" TO 3.5" TOP MARGIN REQUIRED - CHECK LOCAL COUNTY REQUIREMENTS]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Kansas Bar No. (if attorney): _________________

PROPERTY INFORMATION

AFFIANT

STATE OF KANSAS
COUNTY OF [COUNTY] , ss.

I, [AFFIANT FULL LEGAL NAME], of [STREET ADDRESS, CITY, STATE, ZIP], being of lawful age and first duly sworn upon oath, depose and state as follows:

1. I am over the age of eighteen (18) years, am competent to testify, and make this Affidavit of my own personal knowledge of the facts stated herein. I am a responsible person who knows the facts recited in this affidavit within the meaning of K.S.A. 58-501.

2. Relationship / Personal Knowledge. I am the surviving joint tenant of the real estate described in Exhibit A and have personal knowledge of the death of the Decedent and of the manner in which title to the Property was held.

SWORN RECITALS

3. The Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent") died on [__/__/____], at [CITY], [COUNTY] County, [STATE]. A certified copy of the Decedent's death certificate is attached hereto and incorporated herein.

4. Vesting Deed Creating the Joint Tenancy. Title to the real estate described in Exhibit A (the "Property") was vested in the Decedent and the Affiant as joint tenants with right of survivorship, and not as tenants in common, by [WARRANTY DEED / SPECIAL WARRANTY DEED / QUITCLAIM DEED / OTHER] dated [__/__/____], recorded on [__/__/____] in Book _____, Page _____ (or as Document/Instrument No. _____________) in the Office of the Register of Deeds of [COUNTY] County, Kansas. The vesting instrument used language making clear that a joint tenancy was intended, as required by K.S.A. 58-501.

5. Legal Description and Parcel. The Property is located in [COUNTY] County, Kansas, and is legally described in Exhibit A attached hereto and made a part hereof. The Parcel Identification Number is [PARCEL ID].

6. Affiant Is the Surviving Joint Tenant. At the time of the Decedent's death, the Property was owned by the Decedent and the Affiant as joint tenants with right of survivorship. The Affiant survived the Decedent and is a (or the sole) surviving joint tenant named in the vesting deed identified in paragraph 4.

☐ The Affiant is the sole surviving joint tenant.
☐ The surviving joint tenants are: ________________________________________

7. Vesting of Title by Right of Survivorship. Upon the death of the Decedent, by operation of the right of survivorship incident to the joint tenancy and recognized under K.S.A. 58-501, all right, title, and interest of the Decedent in the Property terminated and passed to the surviving joint tenant(s). Title to the Property is now vested solely in the surviving joint tenant(s).

8. Prima Facie Evidence of Death (K.S.A. 58-501). This affidavit is made by a responsible person who knows the facts and, together with the attached certified copy of the Decedent's death certificate, constitutes prima facie evidence of the Decedent's death for purposes of K.S.A. 58-501. The estate of the Decedent ☐ has not been ☐ has been probated or administered. (If letters testamentary or of administration have issued, a certified copy may be recorded in addition to or in lieu of this affidavit.)

9. Estate / Inheritance Tax and Liens.

☐ No Kansas Estate or Inheritance Tax. Kansas imposes no state estate tax and no state inheritance tax; accordingly, no Kansas estate or inheritance tax lien attaches to the Property.
☐ Federal Estate Tax (Form 706). A United States Estate Tax Return (Form 706) ☐ is ☐ is not required to be filed as a result of the Decedent's death. (Selection determines whether a federal estate tax lien may attach to the Property.)
☐ To the best of the Affiant's knowledge, there are no unpaid liens, judgments, or encumbrances against the Decedent that constitute a lien on the Property, except as follows: ________________________________________

10. Statutory Basis. This affidavit is made pursuant to K.S.A. 58-501, which provides that, upon the death of a joint tenant, an affidavit of death from a responsible person who knows the facts constitutes prima facie evidence of the death and, where real property is involved, shall be recorded in the office of the register of deeds in the county where the land is situated.

11. Request to Record. The Affiant requests that this affidavit, together with the attached certified copy of the death certificate, be recorded in the Office of the Register of Deeds of [COUNTY] County, Kansas, to evidence the vesting of title in the surviving joint tenant(s) and to clear the record title of the deceased joint tenant's interest.

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

________________________________________
[AFFIANT NAME], Affiant

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

Subscribed and sworn to before me on this _____ day of _________________,
20_____, by [AFFIANT NAME].

________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Kansas [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Kansas, according to the recorded plat thereof.

• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ South, Range ___ [East/West] of the 6th P.M., [COUNTY] County, Kansas.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Kansas

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

ATTACH a certified copy of the Decedent's death certificate to this affidavit before recording. Under K.S.A. 58-501, a certified copy of letters testamentary or of administration, a certificate of death issued by the proper official, OR an affidavit of death from a responsible person who knows the facts constitutes prima facie evidence of the death; recording the death certificate with this affidavit is the customary practice.

☐ Certified copy of death certificate attached

KANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Register of Deeds, [COUNTY] County, Kansas
• Recording Fee: $21.00 for the first page + $17.00 per additional page (confirm current fee with the county)
• Transfer Tax: Kansas imposes NO real estate transfer tax. The mortgage registration tax was repealed in 2019.

Document Requirements (K.S.A. 58-501, 58-2209, 58-2221)

☐ 3" to 3.5" top margin (check county requirements)
☐ Written instrument, sworn before a notary (jurat), dated and sealed
☐ Acknowledged/proved and certified per the Revised Uniform Law on Notarial Acts (K.S.A. 53-5a01 et seq.)
☐ Affiant's signature with typed/printed name below
☐ Names of Decedent and surviving joint tenant(s)
☐ Decedent's date of death
☐ Complete legal description (Exhibit A) and parcel ID
☐ Recording reference to the vesting deed (Book/Page or Instrument No.)
☐ Certified copy of death certificate attached
☐ Minimum 8-point font; paper no larger than 8.5" x 14" (letter size preferred)
☐ Legible and reproducible

Statutory References

• K.S.A. 58-501 - Tenancy in common unless joint tenancy intended; affidavit of death; recording in register of deeds
• K.S.A. 58-2209 - Acknowledgment / proof of instruments
• K.S.A. 58-2221 - Recording of instruments affecting real estate; notice
• K.S.A. 53-5a01 et seq. - Kansas Revised Uniform Law on Notarial Acts

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Kansas Statutes Annotated 58-501