Can a claimed right of survivorship in a deed give you a larger share of foreclosure surplus funds under Kansas law?

Short answer: Possibly — but it depends on who held legal or equitable title at the time of the foreclosure sale and whether the claimed right of survivorship was effectively created and recorded before the sale. You will need clear documentary proof (deeds, death certificates, probate records, and the sale records) and you must act within the procedures and timelines Kansas requires for claiming surplus funds.

Detailed answer — how Kansas law views survivorship and foreclosure surplus

This answer explains basic concepts so you can evaluate whether claiming a right of survivorship on a deed might entitle you to a larger share of surplus proceeds from a foreclosure sale. This is educational only and not legal advice.

1. Who owns the property when the sale happens matters most

Kansas courts and foreclosure procedures focus on ownership and liens as of the date of the foreclosure sale. If a person held title as a joint tenant with right of survivorship and that person died before the foreclosure sale, the surviving joint tenant typically holds title by operation of law before the sale. That surviving tenant is therefore the owner whose interest is affected by the foreclosure and who may be entitled to any surplus proceeds after all secured debts and costs are paid.

If the claimed survivor died after the sale, the survivorship transfer cannot retroactively increase the person’s share of surplus from the sale that already took place.

2. Timing and the nature of the right of survivorship

Right-of-survivorship language in a deed (for example, granting property to two people “as joint tenants with right of survivorship”) can create a survivorship interest. But a court will look at:

• Whether the deed actually created a joint tenancy or other survivorship arrangement under Kansas property law;
• Whether that deed was executed and recorded before the foreclosure or other competing interests attached;
• Whether there are intervening transactions, recorded liens, assignments, or legal events (like probate orders) that changed ownership before the sale.

3. Foreclosure sale surplus claims under Kansas procedure

After a foreclosure sale, any surplus (amount left after satisfying the foreclosing lien and sale costs) must be distributed to persons who have lawful claims to the property or other prior liens. The actual procedure for how surplus funds are handled depends on how the sale was conducted (sheriff sale, judicial foreclosure, trustee’s sale) and the county process for handling surplus proceeds. You will generally need to file a formal claim or ask the court (or the official handling the sale) to release the surplus to you.

Because distribution depends on recorded interests and court records, a claimed survivorship interest will be evaluated against the official chain of title and any recorded encumbrances.

4. Evidence you will need to assert a survivorship claim to surplus funds

To persuade the court or the county/sheriff to pay surplus funds to you, gather:

• The recorded deed(s) that you say created the survivorship interest;
• Recording information showing the deed was recorded before the foreclosure sale;
• A certified copy of the decedent’s death certificate if survivorship is claimed by operation of law;
• Any probate documents showing title passed or did not pass through probate;
• Foreclosure sale documents (order of sale, sale date, distribution ledger showing surplus) and notice records;
• Affidavits or other documentation showing who had possession or paid taxes/insurance if equitable ownership is disputed.

5. Defenses the foreclosing party or other claimants may raise

Other parties can argue against your survivorship claim. Common defenses include:

• The deed did not in fact create a right of survivorship (ambiguous or defective language);
• The deed was executed after a lien or judgment that affected distribution rights;
• Title passed through probate rather than survivorship (for example, if the deed was ineffective);
• Statute of limitations or procedural rules for claiming surplus were missed.

6. Practical consequences and likely outcomes

If you were the surviving joint tenant before the foreclosure sale and you can prove it with recorded title and a death certificate, you have a strong claim to the surplus equal to the ownership interest you held at the sale (often the whole title if survivorship fully vested). If you only claim survivorship after the sale and cannot show you were the owner before the sale, the court may deny your claim and distribute funds to those who had recorded priority interests at the time of sale.

Where to look in Kansas law

Kansas statutes and the recorded chain of title control much of this area. Helpful places to review include the Kansas statutes on real property and civil procedure for foreclosure and court sales. See the Kansas Revisor of Statutes chapters for relevant text:

• Real and personal property statutes (chapter listings): https://www.ksrevisor.org/statutes/chapter/58/
• Civil procedure (foreclosure, sales, and court actions): https://www.ksrevisor.org/statutes/chapter/60/

Because each foreclosure and title history is fact-specific, Kansas court decisions interpreting these statutes and recorded instruments control how a claim will be decided in your county.

Helpful Hints

• Check the recorded deed first: confirm the exact wording (“joint tenants with right of survivorship” or different language) and the recording date relative to the foreclosure sale.
• Confirm the date of death, and whether death occurred before or after the foreclosure sale — who owned title on the sale date is decisive.
• Get certified copies of the foreclosure sale documents, distribution ledger, and any court orders related to the sale and surplus.
• If the person died before the sale, check whether any probate action affected title before the sale.
• Act quickly. Procedures and possible objections may be time-limited. Missing a deadline can forfeit your right to claim surplus funds.
• If multiple people assert conflicting interests, be prepared for a court proceeding where you must submit documentary proof and possibly testimony.
• Contact the county or the sheriff’s office that held the sale to learn their specific surplus-claim procedure — each county may handle distribution steps slightly differently.
• Keep originals and certified copies of critical documents; photocopies alone are often insufficient for court or county requirements.

Disclaimer: This article is for general informational purposes about Kansas law and is not legal advice. It does not create an attorney-client relationship. If you need advice about your specific situation, contact a licensed Kansas attorney who handles real estate and foreclosure matters.