Detailed answer — step-by-step process

When a spouse dies, who owns real property next depends on how title was held and whether the decedent left a will. Below are the typical routes and the steps you will likely follow in Kansas.

Step 1 — Confirm how title was held

Find the deed recorded at the county Register of Deeds and read it carefully. Common forms of ownership and their effects at death:

• Joint tenants with right of survivorship (JTWROS) — the surviving joint owner usually becomes sole owner automatically.
• Tenancy in common — each owner’s share passes according to the owner’s will or by intestate succession if no will exists.
• Sole ownership in the deceased spouse’s name — title typically passes through probate (or other authorized transfer process) to heirs or devisees.

If the deed shows joint ownership with survivorship language, you often only need to record proof of death and an affidavit of survivorship. If the property was solely in your spouse’s name, title transfer normally requires probate or administration unless a lawful non-probate transfer device applies.

Step 2 — Gather key documents

• Certified copy of the spouse’s death certificate (obtain from the vital records office).
• Original recorded deed(s) showing current ownership.
• A copy of the decedent’s will, if there is one.
• If probate has been opened: letters testamentary or letters of administration issued by the probate court.

Step 3 — If the property passed automatically to you (survivor) — record death information

When title passed automatically (for example, JTWROS), most counties will accept:

• A certified death certificate and
• An affidavit of survivorship signed and notarized by the surviving owner.

Filing those documents with the county Register of Deeds updates the public record. If you then want your child to be the owner, you (as the surviving owner) can prepare and execute a deed (for example, a quitclaim or warranty deed conveying the property to your child) and record that deed.

Step 4 — If the property was only in the decedent’s name — use probate or an authorized transfer

When the decedent was sole owner, the estate usually must transfer title through probate unless a specific statutory non‑probate method applies. Typical options:

• Open a probate estate and have the will admitted (if there is one). The personal representative (executor) then signs a deed transferring title to the beneficiary (your child) and records it.
• If there is no will, open an intestate probate. The court will appoint an administrator and the administrator can sign a deed to convey the property to the intestate heirs according to Kansas intestacy rules.
• In some limited circumstances, counties accept heirship affidavits or small‑estate procedures for transferring certain assets, but real estate is often excluded from simple small‑estate affidavits. Whether an affidavit will work depends on local practice and the exact facts, so you should confirm with the county Register of Deeds and a probate attorney.

For information on Kansas probate laws, see the Kansas Probate Code (Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59.html

Step 5 — Prepare the deed that will transfer ownership to your child

When you have authority to convey (either as surviving joint owner, as the personal representative or as a person the court orders to convey), follow these points:

• Use a deed form accepted in your county — typically a quitclaim or general warranty deed depending on the situation.
• Include the full legal description of the property (not just the street address).
• Have the proper grantor(s) sign the deed before a notary public.
• If a personal representative or administrator signs, record a certified copy of the letters testamentary or letters of administration with the deed so the Recorder knows the signer had authority.

Step 6 — Record the deed with the county Register of Deeds

Take the signed, notarized deed, the certified death certificate (if applicable), letters testamentary/administration (if applicable), and any required county forms to the county Register of Deeds where the property is located. The Register of Deeds records the new deed and makes the transfer a matter of public record.

Kansas statutes governing recording and conveyances are in Chapter 58: https://www.ksrevisor.org/statutes/chapters/ch58.html

Step 7 — Take follow-up steps

• Order an updated title search or title insurance policy showing the child as owner.
• Inform the mortgage holder if there is a mortgage; title transfer does not eliminate mortgage obligations unless the mortgage is paid or released.
• Ensure property tax records and homeowner’s insurance are updated to reflect the new owner.

Typical timeline

If title passes by survivorship and you only need to record a death certificate and a deed from the surviving owner to the child, recording can be a matter of days after you gather documents. If you must open probate, the process can take months depending on complexity, notice requirements, and whether any heirs contest the proceedings.

When you must consult an attorney

Talk with a Kansas probate or real estate attorney if any of the following apply:

• Title is unclear or multiple deeds conflict.
• There is a mortgage, lien, or tax claim against the property.
• Heirs or beneficiaries disagree about who should receive the property.
• You are unsure whether an affidavit or non‑probate transfer is lawful in your county.

Local rules and practices at the county Register of Deeds can vary. Your attorney can review the deed, advise the correct documents to record, prepare the deed, and, if necessary, handle probate filings in the local district court.

Helpful hints

• Start by ordering a certified death certificate — most actions require it.
• Get a copy of the recorded deed before you act. The recorded deed controls what happened when your spouse died.
• Call the county Register of Deeds where the property is located and ask what documents they require to update title after a death — counties often publish recording checklists and fee schedules online.
• If you find “joint tenants with right of survivorship” wording on the deed, you usually do not need probate to become sole owner, but you still must record proof of death.
• If you are the personal representative, record your letters with the Register of Deeds along with any executor’s deed you prepare.
• Do not rely on unsigned or informal “heirship” statements. In many counties, the Recorder will not accept them without court authority or recorded letters.
• Keep copies of everything you record and keep the receipt from the Register of Deeds — it proves when you recorded the document.
• Plan for tax and mortgage consequences before completing a transfer — changing title can affect exemptions, tax bills, and lender relationships.
• When a child is a minor, consider the need for guardianship, conservatorship, or a trust to hold title rather than a direct deed to a minor.