9 AN ACT concerning the transfer of real property upon the death of the
10 owner; relating to an heir who files a notification of interest in title.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) When the appraised value of real property owned by
14 a decedent is not greater than $15,000 according to the most recent tax
15 appraisal, and the decedent's estate is not subject to homestead or allow-
16 ances pursuant to K.S.A. 59-401 et seq., and amendments thereto, or such
17 homestead or allowances are waived, any heir, devisee or legatee of the
18 decedent may file a notification of interest in title in the office of the
19 register of deeds in the county where such real property is located. Such
20 notification of interest in title shall be in substantially the form set out in
21 subsection (f) and shall state:
22 (1) The decedent's name and the date of death;
23 (2) the address and legal description of such real property owned by
24 the decedent;
25 (3) the name and current address of the heir, devisee or legatee filing
26 the notification;
27 (4) the relationship between the decedent and the heir, devisee or
28 legatee filing the notification;
29 (5) that the taxes on such real property are current and not
31 (6) that such real property is free of liens and encumbrances; and
32 (7) that the heir, devisee or legatee filing the notification of interest
33 in title is filing a claim to be the vested owner of such real property.
34 (b) A certified copy of the decedent's death certificate shall be at-
35 tached to such form.
36 (c) If after three years from the date of the filing of the notification
37 of interest in title, no other heir, devisee or legatee has petitioned the
38 court in a probate proceeding pursuant to the Kansas probate code, the
39 heir, devisee or legatee who filed the notification of interest in title shall
40 be the legal owner of such real property.
41 (d) If at any time during the three-year period, another heir, devisee
42 or legatee petitions the court to establish a probate proceeding, and if
43 during the probate proceeding the court establishes a determination of
1 descent that allows another party to receive a share of such real property,
2 such other party shall be liable to the heir, devisee or legatee filing the
3 notification of interest in title for any taxes paid on such real property
4 and reasonable maintenance and upkeep costs documented and paid by
5 such heir, devisee or legatee.
6 (e) The provisions of this section shall apply only to real property
7 located in Wyandotte county.
8 (f) The notification of interest in title shall be in substantially the
9 following form:
State of Kansas
County of Wyandotte
NOTIFICATION OF INTEREST IN TITLE
14 I, ________________, of lawful age, being first duly sworn state:
15 (heir, devisee or legatee)
16 (1) I have attached hereto a certified copy of the decedent's death certificate which
17 states the decedent's name and date of death as:
19 (Name of Decedent)
21 (Date of Death)
22 (2) The address and legal description of real property owned by decedent for which this
23 notification is filed:
25 (3) The name and current address of the heir, devisee or legatee filing the notification:
27 (4) The relationship between the decedent and the heir, devisee or legatee filing
30 (5) The taxes on such real property are not delinquent and are currently being paid by
31 the heir, devisee or legatee.
32 (6) I am filing notification of interest in title and am filing a claim to be the vested
33 owner of such real property.
(heir, devisee or legatee)
State of Kansas
County of Wyandotte
40 The foregoing instrument was acknowledged before me this ______ day of
42 19____ by ____________.
1 SUBSCRIBED AND SWORN to before me on ________.
4 My Appointment Expires:
6 Sec. 2. This act shall take effect and be in force from and after its
7 publication in the statute book.