Deed Transferring Real Property into Living Trust - Kansas

Prepared by:
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Mail future tax statements to (name and last known address of grantee, per K.S.A. § 58-2221):
[____________________________________]
[____________________________________]

Property Parcel ID No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR REGISTER OF DEEDS

DEED TO REVOCABLE LIVING TRUST

State of Kansas

Selected deed type — choose one and delete the other option:

• ☐ Warranty deed under K.S.A. § 58-2203
• ☐ Quitclaim deed under K.S.A. § 58-2204

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / husband and wife], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], whose mailing address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee in the Trustee's fiduciary capacity, to be held, administered, and distributed according to the [TRUST NAME] dated [__/__/____] (the "Trust"). Confirm the exact vesting language, successor-trustee treatment, and title-company requirements before recording.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, without consideration (by way of gift), and with no change in beneficial ownership of the Property. The Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

OPTION A — WARRANTY DEED (delete if not selected): For no consideration, Grantor CONVEYS AND WARRANTS to Grantee, as Trustee, the following described real property (the "Property") situated in [____________] County, Kansas:

OPTION B — QUITCLAIM DEED (delete if not selected): For no consideration, Grantor QUITCLAIMS to Grantee, as Trustee, the following described real property (the "Property") situated in [____________] County, Kansas:

Property commonly known as: [STREET ADDRESS, CITY, KANSAS, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors and assigns.

WARRANTY-DEED COVENANTS — retain only for Option A: Grantor covenants that Grantor is lawfully seized of the Property, has good right to convey it, guarantees quiet possession, represents that it is free from encumbrances except as stated in Section 5, and will warrant and defend it against all lawful claims.

QUITCLAIM EFFECT — retain only for Option B: This deed conveys only by quitclaim and contains no warranty-deed covenants.

5. SUBJECT TO

This conveyance is made subject to:

(a) General and special real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. SALES VALIDATION QUESTIONNAIRE EXEMPTION; GARN-ST GERMAIN

6.1 Sales Validation Questionnaire — exempt only if the selected facts are true. K.S.A. § 79-1437c generally requires a Real Estate Sales Validation Questionnaire to accompany a deed. K.S.A. § 79-1437e(a)(4) excludes a gift, donation, or contribution stated in the instrument, and subsection (a)(7) excludes a transfer to or from a trust without consideration. Subsection (b) requires the applicable exemption to be clearly stated on the filed document.

Place the following exemption statement on the face of the deed: "This transfer is exempt from the Real Estate Sales Validation Questionnaire requirement as a transfer to a trust without consideration and as a gift. K.S.A. § 79-1437e(a)(4) and (a)(7)."

6.2 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element and the loan documents before relying on this limitation. The transfer does not itself release or change the borrower's obligations under the note.

7. HOMESTEAD, TAX, AND TITLE-INSURANCE REVIEW

7.1 Homestead and tax review. Kan. Const. art. 15, § 9 and K.S.A. § 60-2301 require joint husband-and-wife consent to alienation of a qualifying homestead. If the Property is or may be a homestead and the Grantor is married, both spouses should execute the deed unless counsel confirms another lawful route. This deed does not determine continued eligibility for a property-tax classification, refund, or other tax treatment; confirm those issues with counsel and the appropriate county office.

7.2 Title insurance. Re-titling into a trust can affect an existing owner's title insurance. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining solely to convey and release homestead rights (if applicable)

9. NOTARY ACKNOWLEDGMENT (Kansas)

This instrument was acknowledged before me on [__/__/____] by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]].

____________________________________
Notary Public in and for the State of Kansas
My appointment expires: ______________

(Affix notarial seal/stamp)

10. RECORDING AND FORM INSTRUCTIONS

1. Where to record. Record the original signed and acknowledged deed in the office of the Register of Deeds of [____________] County, Kansas — the county in which the Property is located (K.S.A. § 58-2221).
2. Fees and format. Confirm the current total, accepted payment method, page size, margins, legibility, and any county cover-sheet practice with the register of deeds. K.S.A. § 28-115 supplies the statutory recording-fee and document-standard framework.
3. Sales Validation Questionnaire. If the no-consideration gift and trust-transfer facts are true, use the § 79-1437e exemption statement in Section 6.1. Otherwise, prepare the questionnaire required by § 79-1437c. Furnish the full name and last known post-office address of the person to whom the property is conveyed or that person's designee at recording under K.S.A. § 58-2221.
4. Update collateral records. After recording, (a) ask the property/casualty insurer whether an endorsement or insured-name update is required; (b) confirm residential classification and any exemption with the county Appraiser; (c) provide a recorded copy and, if requested, a Certification of Trust under K.S.A. § 58a-1013 to the title company; and (d) coordinate any later sale or refinance with the recorded title.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block/subdivision with addition and city, or government survey (section, township, range). Include the parcel ID. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• K.S.A. § 58-2203 — statutory form of warranty deed
• K.S.A. § 58-2204 — statutory form of quitclaim deed
• K.S.A. § 58-2209 — grantor signature; acknowledgment or proof
• K.S.A. § 58-2211 — acknowledgment of instruments affecting real estate
• K.S.A. § 58-2221 — recordation and address information
• K.S.A. § 58-2222 — filing imparts notice
• K.S.A. § 79-1437c — questionnaire requirement
• K.S.A. § 79-1437e — questionnaire exemptions and document statement
• K.S.A. § 28-115 — register-of-deeds fees and document standards
• Kan. Const. art. 15, § 9 — homestead joint-consent rule
• K.S.A. § 60-2301 — statutory homestead rule
• K.S.A. § 58a-1013 — certification of trust
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. Confirm recording requirements and the sales-validation-questionnaire exemption with the register of deeds and consult a licensed Kansas attorney before executing or recording this deed.