59-3501.
Real estate; transfer-on-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. A transfer-on-death deed need not be supported by consideration.
(b) The signature, consent or agreement of or notice to a grantee beneficiary of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.
History:
L. 1997, ch. 176, § 1; July 1.
CASE ANNOTATIONS
1. Growing crops on real estate transferred by Transfer on Death deed passed to grantee beneficiary, not to decedent's administrator or executor as personalty. In re Estate of Roloff, 36 Kan. App. 2d 684, 695, 143 P.3d 406 (2006).
2. Cited in discussion of property received as payable on death beneficiary; not included in bankruptcy estate. In re Hall, 394 B.R. 582, 596 (2008).
In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017). · cites it 5דSee K.S.A. 59-3501; K.S.A. 59-3502. Harvey concedes the requirement of recording of the deed is met.”
In the Matter of the Est. of Carlson, 2016 OK 6 (Okla. 2016). · cites it 12דThese characteristics are as follows: (a) that the record owner's interest automatically transfers to the grantee beneficiary upon the death of the record owner, K.S.A. 59-3501(a) and K.S.A. 59-3504(a); (b) that no other action or procedure is required to transfer full title to…”
In re the Est. of Roloff, 143 P.3d 406 (Kan. Ct. App. 2006). · cites it 7ד59-3501 states: “(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.”
Glover v. Cornish, 367 P.3d 486 (Okla. 2016). “These characteristics are as follows: (a) that the record owner's interest automatically transfers to the grantee benefi-clary upon the death of the record owner, KSA. 59-3501(a) and K.S.A. 59-3504(a); (b) that no other action or procedure is required to transfer full title to…”
Morris v. Kasparek (In Re Kasparek), 426 B.R. 332 (10th Cir. BAP 2010). “See Kan. Stat. Ann. § 59-3501 . Such a designation may be changed or revoked without the consent of the beneficiary.”
In Re Hall, 394 B.R. 582 (Bankr. D. Kan. 2008). · cites it 2דSimilarly, TOD deeds are authorized by K.S.A. 59-3501 through 59-3507. The language of the statutes authorizing and governing TOD deeds are quite similar to POD accounts in that TOD deeds transfer ownership of the interest in the property only upon the death of the owner, 55…”
Williamson v. Hall (In Re Hall), 441 B.R. 680 (10th Cir. BAP 2009). “Similarly TOD deeds are authorized by K.S.A. 59-3501 through 59-3507. The language of the statutes authorizing and governing TOD deeds are quite similar to POD accounts in that TOD deeds transfer ownership of the interest in the property only upon the death of the owner, they…”
In re Est. of Moore (Kan. 2019). · cites it 20ד]" K.S.A. 59-3501 sets out the procedure for creating and validating a transfer-on- death deed, including a requirement of a signature by the owner of the interest.”
Sheils v. Wright, 357 P.3d 294 (Kan. Ct. App. 2015). “In addition, K.S.A. 59-3501(b) provides that “notice to a grantee beneficiary of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.”
McGregor v. McGregor (Kan. Ct. App. 2021). · cites it 3דAccording to the court, the question it needed to resolve was the extent to which Kansas law simply allows for "substantial compliance" with the TODD creation statutes (K.S.A. 59-3501 et seq.). The district court found that while K.”
In the Matter of the Est. of Carlson, 2016 OK 6 (Okla. 2016). “These characteristics are as follows: (a) that the record owner's interest automatically transfers to the grantee beneficiary upon the death of the record owner, K.S.A. 59-3501(a) and K.S.A. 59-3504(a); (b) that no other action or procedure is required to transfer full title to…”
Glover v. Cornish, 367 P.3d 486 (Okla. 2016). “These characteristics are as follows: (a) that the record owner's interest automatically transfers to the grantee benefi-clary upon the death of the record owner, KSA. 59-3501(a) and K.S.A. 59-3504(a); (b) that no other action or procedure is required to transfer full title to…”
In re the Est. of Roloff, 143 P.3d 406 (Kan. Ct. App. 2006). “59-3501 states: “(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.”
In Re Hall, 394 B.R. 582 (Bankr. D. Kan. 2008). “Similarly, TOD deeds are authorized by K.S.A. 59-3501 through 59-3507. The language of the statutes authorizing and governing TOD deeds are quite similar to POD accounts in that TOD deeds transfer ownership of the interest in the property only upon the death of the owner, 55…”
— K.S.A. § 59-3501(b) — 1 case
Sheils v. Wright, 357 P.3d 294 (Kan. Ct. App. 2015). “In addition, K.S.A. 59-3501(b) provides that “notice to a grantee beneficiary of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.”
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