HB 2055--Am. by S
As Amended by Senate Committee
As Amended by House Committee
Session of 1997
HOUSE BILL No. 2055
By Committee of Judiciary
12 AN ACT concerning nonprobate transfers; relating to real estate.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. (a) An interest in real estate may be titled in transfer-on-
16 death, TOD, form by recording a deed signed by the record owner of
17 such interest, designating a grantee beneficiary or beneficiaries of the
18 interest. Such deed shall transfer ownership of such interest upon the
19 death of the owner. A transfer-on-death deed need not be supported by
21 (b) The signature, consent or agreement of or notice to a grantee
22 beneficiary of a transfer-on-death deed shall not be required for any pur-
23 pose during the lifetime of the record owner.
24 Sec. 2. An interest in real estate is titled in transfer-on-death form
25 by executing, acknowledging and recording in the office of the register
26 of deeds in the county where the real estate is located, prior to the death
27 of the owner, a deed in substantially the following form:
28 _____________________ as owner transfers on death to
29 (Name of owner)
30 (name of
31 as grantee beneficiary, the following described interest in real estate: (here insert description
32 of the interest in real estate). THIS TRANSFER ON DEATH DEED IS REVOCABLE.
33 IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE
34 OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS
35 OWNER FOR THIS INTEREST IN REAL ESTATE.
36 Instead of the words ``transfer on death'' the abbreviation ``TOD'' may be used.
37 Sec. 3. (a) A designation of the grantee beneficiary may be revoked
38 at any time prior to the death of the record owner, by executing, acknowl-
39 edging and recording in the office of the register of deeds in the county
40 where the real estate is located an instrument describing the interest
41 revoking the designation. The signature, consent or agreement of or no-
42 tice to the grantee beneficiary or beneficiaries is not required.
43 (b) A designation of the grantee beneficiary may be changed at any
44 time prior to the death of the record owner, by executing, acknowledging
45 and recording a subsequent transfer-on-death deed in accordance with
HB 2055--Am. by S
1 section 2. The signature, consent or agreement of or notice to the grantee
2 beneficiary or beneficiaries is not required. A subsequent transfer-on-
3 death beneficiary designation revokes all prior designations of grantee
4 beneficiary or beneficiaries by such record owner for such interest in real
6 (c) A transfer-on-death deed executed, acknowledged and recorded
7 in accordance with this act may not be revoked by the provisions of a will.
8 Sec. 4. (a) Title to the interest in real estate recorded in transfer-on-
9 death form shall vest in the designated grantee beneficiary or benefici-
10 aries on the death of the record owner.
11 (b) Grantee beneficiaries of a transfer-on-death deed take the record
12 owner's interest in the real estate at death subject to all conveyances,
13 assignments, contracts, mortgages, liens and security pledges made by the
14 record owner or to which the record owner was subject during the record
15 owner's lifetime including, but not limited to, any executory contract of
16 sale, option to purchase, lease, license, easement, mortgage, deed of trust
17 or lien, claims of the state of Kansas for medical assistance, as de-
18 fined in K.S.A. 39-702, and amendments thereto, pursuant to sub-
19 section (g)(2) of K.S.A. 39-709, and amendments thereto, and to any
20 interest conveyed by the record owner that is less than all of the record
21 owner's interest in the property and subject to claims for the reason-
22 able funeral expenses for the record owner if made within 30 days
23 of death.
24 (c) If a grantee beneficiary dies prior to the death of the record owner
25 and an alternative grantee beneficiary has not been designated on
26 the deed, the transfer shall lapse.
However, if a grantee beneficiary is
27 the spouse of the record owner or any relative of the record owner by
28 lineal descent or within the sixth degree, whether by blood or adoption,
29 and such grantee beneficiary dies before the record owner, leaving issue
30 who survived the record owner, such issue shall take the same estate
31 which the grantee beneficiary would have taken if the grantee beneficiary
32 had survived, unless a different disposition is made by the transfer-on-
33 death deed. As used in this subsection, ``issue'' means offspring, progeny,
34 or lineal descendants, by blood or adoption, in whatever degree.
35 Sec. 5. (a) A record joint owner of an interest in real estate may use
36 the procedures in this act to title such interest in transfer-on-death form.
37 However, title to such interest shall vest in the designated grantee ben-
38 eficiary or beneficiaries only if such record joint owner is the last to die
39 of all of the record joint owners of such interest. A deed in transfer-on-
40 death form shall not sever a joint tenancy.
41 (b) As used in this section, ``joint owner'' means a person who owns
42 an interest in real estate as a joint tenant with right of survivorship.
43 Sec. 6. The provisions of K.S.A. 58-2414, and amendments thereto,
HB 2055--Am. by S
1 apply to the grantor of a transfer-on-death deed.
2 Sec. 7. A deed in transfer-on-death form shall not be considered a
3 testamentary disposition and shall not be invalidated due to nonconform-
4 ity with the provisions of chapter 59 of the Kansas Statutes Annotated.
5 Sec. 8. This act shall take effect and be in force from and after its
6 publication in the statute book.