K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2202 (2026)

The term heirs is not necessary to estate in fee simple; what shall pass in conveyance of real estate

✓ current as of May 2026
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58-2202. The term heirs is not necessary to estate in fee simple; what shall pass in conveyance of real estate. The term "heirs," or other words of inheritance, shall not be necessary to create or convey an estate in fee simple; and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.

History: G.S. 1868, ch. 22, § 2; October 31; R.S. 1923, 67-202.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1971–2022 · leading case: Cent. Nat. Resources, Inc. v. Davis Operating Co., 201 P.3d 680 (Kan. 2009).
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Cent. Nat. Resources, Inc. v. Davis Operating Co., 201 P.3d 680 (Kan. 2009). · cites it 3× “Central’s second issue is “[wjhether K.S.A. 58-2202 operates to convey all the estate of the grantors in the granted coal, including methane gas, where the grantors in the warranty deeds failed to expressly except rights to methane gas contained within the granted coal.”
Hall v. Mullen, 678 P.2d 169 (Kan. 1984). “" It is evident the parties to this transaction and their attorneys believed the deed executed by the three sons of John Hall, as executors of the estate, would sufficiently convey their entire interests in the property to Frank and Robert Hall, but as a cautionary measure, the…”
Heyen v. Hartnett, 679 P.2d 1152 (Kan. 1984). “58-2202 which provides in part that “every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.”
McGinty v. Hoosier, 239 P.3d 843 (Kan. 2010). · cites it 2× “K.S.A. 58-2202 (“every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant”).”
Stratmann v. Stratmann, 628 P.2d 1080 (Kan. Ct. App. 1981). “In so holding, the court interpreted K.S.A. 58-2202. This statute provides, in part: “[E]very conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the…”
In re the Est. of Roloff, 143 P.3d 406 (Kan. Ct. App. 2006). · cites it 2× “) K.S.A. 58-2202. Schletzbaum further notes that our Supreme Court has interpreted the statute to mean that all of a grantor’s interest in the real estate is conveyed: “It is established that the word ‘estate’ used in [K.”
Hansford v. Silver Lake Heights, LLC, 280 P.3d 756 (Kan. 2012). “at 241 ; see K.S.A. 58-2202. The failure of a party to take a direct appeal challenging the form of the pleadings, the description of the property, or the order of the sale precludes that party from malting a collateral attack on the judgment in the partition action.”
In re the Marriage of Wade, 884 P.2d 736 (Kan. Ct. App. 1994). ““[E]very conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.”
N. Nat. Gas Co. v. Grounds, 441 F.2d 704 (10th Cir. 1971). “K.S.A. § 58-2202, 16 O.S.A. § 29; Vernon’s Ann.”
Energy Transp. Sys., Inc. v. Union Pac. R.R., 456 F. Supp. 154 (D. Kan. 1978). “Lashbrook opinion relied heavily upon a Kansas statute which is now K.S.A. 58-2202, which provides: The term “heirs,” or other words of inheritance, shall not be necessary to create or convey an estate in fee simple; and every conveyance of real estate shall pass all the estate…”
Rucker v. DeLAY, 235 P.3d 566 (Kan. Ct. App. 2010). “We are called upon in this appeal to construe a reservation in a deed executed in 1924 which requires us to consider the direction of K.S.A. 58-2202 which provides in part: “[E]very conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to…”
Knop v. Gardner Edgerton Unified Sch. Dist. No. 231, 205 P.3d 755 (Kan. Ct. App. 2009). “” K.S.A. 58-2202 states that “every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.”
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