A Kansas Deed is a legal document used to transfer ownership of real estate property in the state of Kansas. It provides a detailed description of the property being transferred and outlines the rights and obligations of both the buyer and the seller. One type of Kansas Deed is the "General Warranty Deed." This deed guarantees that the seller holds a clear and marketable title to the property and provides protection to the buyer against any claims or disputes arising from previous ownership. Another type is the "Special Warranty Deed." This deed offers a warranty only against defects or claims arising during the seller's ownership of the property. It does not provide protection against any defects existing before the seller acquired the property. Additionally, there is the "Quitclaim Deed." This type of deed transfers whatever interest or claim the seller has in the property, without providing any warranties or guarantees. It is commonly used when transferring property between family members, or to clear up any uncertainties about ownership. When it comes to community property with the right of survivorship, Kansas recognizes this type of ownership arrangement. In such cases, both spouses hold equal ownership rights to the property, and upon the death of one spouse, the surviving spouse automatically becomes the sole owner of the property. The Acceptance of Community Property with Right of Survivorship is a provision that can be included in a Kansas Deed. This provision explicitly states that the property being transferred is held as community property, and the ownership rights will be subject to the right of survivorship. In summary, a Kansas Deed is a legal document used to transfer ownership of real estate property in Kansas. Different types of deeds include the General Warranty Deed, Special Warranty Deed, and Quitclaim Deed. The Acceptance of Community Property with Right of Survivorship is a provision that can be included in a Kansas Deed to establish joint ownership with the right of survivorship.
Kansas Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
Kansas is one of a few states with no transfer tax or deed tax on real estate transfers.
The current property owner with the right to transfer the property must sign a Kansas deed. A deed that transfers a co-owned property should include the signatures of both owners. A lawful agent or attorney who can act on the owner's behalf may sign a deed for the owner.
Laws. Recording ? A quitclaim deed must be filed with the County Recorder's Office where the real estate is located. Go to your County Website to locate the office nearest you. Signing (§ 58-2205) ? A quitclaim deed is required to be authorized with a notary public present.
Ing to § 58-2205, -2209, -2211 of State Law, the deed must be signed by both parties to the transaction. In addition, the form must be notarized. Once drafted and certified, the document must be recorded as soon as possible. This is to protect both parties and to ensure that the state is aware of property rights.
Revoking the deed. If you later change your mind about who you want to inherit the property, you are not locked in. You have two options: (1) sign and record a revocation or (2) record another TOD deed, leaving the property to someone else. You cannot use your will to revoke or override a TOD deed.
Kansas Transfer-on-Death Deed A transfer-on-death (TOD) deed is like a regular deed you might use to transfer real estate located in Kansas, but with a crucial difference: It doesn't take effect until your death.
(a) An interest in real estate may be titled in transfer-on-death, TOD, form by recording a deed signed by the record owner of such interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer ownership of such interest upon the death of the owner.
The right of survivorship controls the disposition of property at the death of one co-owner. Property owned in joint tenancy immediately passes to the surviving joint tenant(s). Wills or state intestate laws do not control property held in joint tenancy.