K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-3502 (2026)

Filing of transfer-on-death form with register of deeds

✓ current as of May 2026
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59-3502. Filing of transfer-on-death form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the owner, a deed in substantially the following form:

          (Name of owner)nbsp;          as owner transfers on death to           (name of beneficiary)          , as grantee beneficiary, the following described interest in real estate: (here insert description of the interest in real estate). THIS TRANSFER ON DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS OWNER FOR THIS INTEREST IN REAL ESTATE.

Instead of the words "transfer-on-death" the abbreviation "TOD" may be used.

History: L. 1997, ch. 176, § 2; July 1.

CASE ANNOTATIONS

1. 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).


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Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2021 · leading case: In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017).
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In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017). · cites it 2× “59-3501; K.S.A. 59-3502. Harvey concedes the requirement of recording of the deed is met.”
In re the Est. of Roloff, 143 P.3d 406 (Kan. Ct. App. 2006). · cites it 2× “The essential requirements of the above-mentioned deed forms are very similar to the requirements of the TOD deed form.”
In Re Hall, 394 B.R. 582 (Bankr. D. Kan. 2008). “K.S.A. 59-3502. 58 . K.S.A. 59-3507. 59 .”
McGregor v. McGregor (Kan. Ct. App. 2021). · cites it 13× “More specifically, Lori argued that K.S.A. 59-3502 required the document to include the specific language "as grantee beneficiary" and that the failure to include such language rendered it invalid.”
In re Est. of Moore (Kan. 2019). “59-3501 and K.S.A. 59-3502: it was signed, it designated a beneficiary, it was acknowledged by a notary, and it was recorded in the office of the register of deeds prior to Roxie's death.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.