This form is a Transfer on Death Deed where the grantors are husband and wife or two individuals and the grantees are two individuals. This transfer is revocable by either Grantor until their death and effective only upon the death of the last surviving grantor. The grantees take the property as tenants in common or joint tenants with the right of survivorship. This deed complies with all state statutory laws.
Kansas Transfer on Death Deed (TOD): A Detailed Description with Examples The Kansas Transfer on Death Deed, often abbreviated as the TOD deed, is a legal instrument that allows property owners in Kansas to transfer their real estate to designated beneficiaries upon their death, thus avoiding probate. This deed provides a convenient and efficient way to pass on property while preserving the property owner's control over it during their lifetime. By utilizing the Transfer on Death Deed, individuals can ensure a smooth and seamless transfer of property to their chosen beneficiaries. Here is a detailed explanation of the Kansas Transfer on Death Deed, along with examples and its various types: 1. Kansas Statutory Transfer on Death Deed: This is the standard form of the TOD deed recognized by Kansas law. It enables property owners to name one or more beneficiaries who will inherit the property after their death, without the need for probate. To create this deed, the owner must sign and acknowledge the deed before a notary public and then record it with the Register of Deeds in the county where the property is located. Here's a simple example: "I, [Property Owner's Name], of [Property Owner's Address], hereby transfer my real property located at [Property Address] to my designated beneficiary/beneficiaries, [Beneficiary's Name(s)], upon my death. This transfer will only take effect upon my death and will supersede any other provisions in my will or other estate planning documents." 2. Substitute Form Transfer on Death Deed: In addition to the Kansas Statutory TOD deed, Kansas also recognizes a Substitute Form TOD deed, allowing property owners to create their own customized Transfer on Death Deed. The Substitute Form follows the same basic principles as the statutory form but may include additional terms and provisions specific to the owner's preferences or individual circumstances. Example of a Substitute Form Transfer on Death Deed: "I, [Property Owner's Name], of [Property Owner's Address], hereby transfer my real estate located at [Property Address], including all improvements and appurtenances, to my designated beneficiary/beneficiaries, [Beneficiary's Name(s)], upon my death. This deed is effective only upon my death and shall supersede any other provisions in my will or other estate planning documents." It is important to note that both the Kansas Statutory Transfer on Death Deed and the Substitute Form Transfer on Death Deed must comply with the Kansas Revised Statutes Annotated, specifically K.S.A. 58-5201 ET.seq. In conclusion, the Kansas Transfer on Death Deed provides a straightforward and efficient way for property owners to pass on their real estate to their chosen beneficiaries upon their death. Whether using the standard statutory form or a customized substitute form, property owners can ensure their property is transferred smoothly while avoiding the complexities of probate. Disclaimer: This content is provided for informational purposes only and should not be considered as legal advice. Individuals seeking to create a Kansas Transfer on Death Deed should consult with an attorney to ensure compliance with state law and proper drafting of the deed.
