Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — STATE OF KANSAS

Pursuant to Kan. Stat. Ann. § 59-3501 et seq.

Table of Contents

1. Caption and Title
2. Owner Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature and Notarization
10. Recording Information
11. Kansas-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED
(Kansas Statutes Annotated § 59-3501 et seq.)

2. Owner Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Owner (Grantor):

Additional Owner (if applicable):

3. Beneficiary Designation

Grantee-Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real estate subject to this Transfer-on-Death Deed is located in [________________________________] County, State of Kansas, and described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Commonly Known As (Street Address):
[________________________________], Kansas [____]

Parcel ID Number: [________________________________]

5. Transfer-on-Death Designation

The Owner hereby designates the above-described real estate to be transferred on death to the Grantee-Beneficiary(ies) identified in Section 3, subject to the following:

1. Effective Date: This transfer becomes effective only upon the death of the Owner (or the last surviving Owner if multiple owners). The Owner retains full ownership and control during lifetime, including the right to sell, mortgage, lease, or otherwise dispose of the property.

2. Nontestamentary: This deed is nontestamentary. It is not a will and does not require probate.

3. No Present Interest: The Grantee-Beneficiary(ies) acquire(s) no present interest in the property during the Owner's lifetime.

4. Statutory Authority: This deed is executed pursuant to Kan. Stat. Ann. § 59-3501 et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

The Owner may revoke this deed at any time during the Owner's lifetime by:

☐ Recording an instrument revoking the beneficiary designation
☐ Recording a subsequent TOD deed for the same property

Important Limitations:

• A TOD deed cannot be revoked by a will (Kan. Stat. Ann. § 59-3501)
• The revoking instrument must be executed, acknowledged, and recorded before the Owner's death
• Record the revocation with the register of deeds in the county where the property is located

7. Effect on Existing Interests

This Transfer-on-Death Deed does not:

• Transfer any present interest in the property
• Affect any existing mortgage, lien, or encumbrance
• Sever a joint tenancy

Joint Tenancy: If the property is held in joint tenancy and the Owner records a TOD deed, the TOD deed is effective only if the Owner is the last to die among the joint tenants. The right of survivorship among joint tenants takes precedence.

The Grantee-Beneficiary(ies) take(s) the property subject to all existing encumbrances, mortgages, liens, and interests.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries take as tenants in common in the shares specified.
☐ Joint Tenants with Right of Survivorship: Beneficiaries take as joint tenants.

If a designated beneficiary predeceases the Owner:
☐ The share passes to the alternate/contingent beneficiary.
☐ The share is divided among the surviving beneficiaries.
☐ The share lapses and becomes part of the Owner's estate.

9. Signature and Notarization

OWNER'S SIGNATURE:

_____________________________________________
Signature of Owner

Printed Name: [________________________________]
Date: [__/__/____]

_____________________________________________
Signature of Additional Owner (if applicable)

Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF KANSAS
COUNTY OF [________________________________]

BE IT REMEMBERED, that on this [____] day of [________________________________], [____], before me, the undersigned, a Notary Public in and for said County and State, came [________________________________], who is personally known to me to be the same person who executed the within instrument of writing, and such person duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.

_____________________________________________
Notary Public
My Appointment Expires: [__/__/____]

[NOTARY SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be executed, acknowledged, and recorded in the office of the register of deeds in the county where the real estate is located before the Owner's death
☐ An unrecorded TOD deed is not effective
☐ Recording fees per the county's schedule apply

Upon the Owner's Death:

☐ Certified copy of the Owner's death certificate — recorded with the register of deeds
☐ Affidavit of death and survivorship
☐ Kansas does not currently impose a state estate tax, but federal estate tax obligations should be considered

11. Kansas-Specific Notes

Pioneer State

Kansas was one of the earliest states to authorize TOD deeds (effective July 1, 1997). The statute is well-established with substantial practitioner experience and case law.

Medicaid Estate Recovery

Property transferred by TOD deed is subject to Medicaid estate recovery claims in Kansas. The Kansas Department for Aging and Disability Services (KDADS) may seek reimbursement from property transferred by TOD deed. This is an important consideration for owners who have received or may receive Medicaid benefits.

Joint Tenancy

A TOD deed does not sever a joint tenancy in Kansas. If a joint tenant records a TOD deed, it takes effect only upon the death of the last surviving joint tenant. The right of survivorship among joint tenants takes precedence over the TOD designation.

Homestead

Kansas provides a constitutional homestead exemption (Kan. Const. Art. 15, § 9) protecting 1 acre within a city or 160 acres of farming land. The homestead cannot be conveyed without the consent of both spouses if the owner is married. This consent requirement applies to TOD deeds affecting homestead property.

Kansas Estate Tax

Kansas does not currently impose a state estate tax. However, property transferred by TOD deed is included in the decedent's gross estate for federal estate tax purposes.

Spousal Rights

If the Owner is married, the non-owner spouse may have homestead rights and other statutory protections. Consider whether spousal consent or joinder is advisable.

Mortgage Acceleration

Some mortgage agreements contain due-on-sale or acceleration clauses. A TOD deed that does not transfer a present interest generally should not trigger such clauses during the Owner's lifetime. However, the post-death transfer to the beneficiary should be reviewed in light of the Garn-St. Germain Act (12 U.S.C. § 1701j-3) and applicable loan documents.

12. Sources and References

• Kan. Stat. Ann. § 59-3501 et seq. — Transfer-on-Death Deed Provisions
• Kan. Const. Art. 15, § 9 — Homestead Exemption
• Kansas Department for Aging and Disability Services — Medicaid Estate Recovery
• 12 U.S.C. § 1701j-3 — Garn-St. Germain Depository Institutions Act (due-on-sale)

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Kansas attorney before executing any transfer-on-death deed.