How to re-record or update a joint survivorship deed after co-owners die — Kansas

Short answer: In Kansas, a surviving joint tenant generally becomes sole owner automatically when a co-owner with a right of survivorship dies. To update public records you typically record the recorded deed (or a certified copy) together with a certified death certificate and an affidavit of survivorship or similar document at the county Register of Deeds. If the deed does not create a valid right of survivorship, or multiple owners or title problems exist, you may need a probate or other court action to clear title.

Detailed answer — steps to update title in Kansas

Below is a practical, step-by-step explanation of what most survivors must do in Kansas to re-record or update a deed after one or more co-owners die. These are general steps only; local county requirements vary and unusual facts can change the outcome.

1) Confirm how the property was owned

Obtain a copy of the recorded deed from the county Register of Deeds. Look for language such as “joint tenants with right of survivorship,” “with right of survivorship,” or similar wording. That language usually creates a survivorship interest that passes outside probate to the surviving owner(s).
If the deed uses the words “tenants in common,” the deceased owner left an interest that does not pass automatically to co-owners and will usually pass through the deceased owner’s will or intestacy (probate).

2) Gather documents you will likely need

Certified copy of the deceased owner’s death certificate(s) (official, certified by the state vital records office).
Copy of the recorded deed showing the joint tenancy language and the recording information (book/page or document number).
A notarized affidavit of survivorship (sometimes called an Affidavit of Death of Joint Tenant or Affidavit of Survivorship) signed by the surviving owner(s) attesting that the deceased owner died and that the survivorship language applies.
Photo ID for the surviving owner(s) and any county-specific forms required by the Register of Deeds.
Any probate documents if the estate has been opened (letters testamentary, letters of administration) — these may be necessary if survivorship is unclear or if the property must pass through probate.

3) Prepare the instrument(s) to record

Most counties accept one of these approaches:
- Record the certified death certificate plus a notarized affidavit of survivorship that cites the recorded deed (by document number) and states that the deceased was a co-owner and has died, leaving the affiant as sole surviving owner.
- Record a new deed from the surviving owner(s) to the surviving owner(s) (a reconveyance or quitclaim) that clarifies sole ownership — this is often used where buyers or lenders want a new deed showing sole ownership.
Use clear references to the original recorded deed (document number, book/page or instrument number) and to the death certificate. Include a legal description of the property identical to the recorded deed.
Make sure affidavits are signed before a notary public and include the notary acknowledgment required by the county recorder.

4) Record with the county Register of Deeds

Take or mail the affidavit of survivorship and certified death certificate (or the new deed) to the Register of Deeds office in the county where the property is located. Pay the recording fees and any required transfer taxes or documentary stamps (if applicable locally).
The Register of Deeds will file the documents and return a recording receipt or stamped copy showing the new instrument and page/record number. That creates a public record that the survivor is now the sole owner for title purposes.

5) When probate or a court action is required

If the deed does not clearly create a right of survivorship, if the deceased’s share is disputed, if multiple co-owners died, or if the title chain has errors, you will likely need to open a probate estate or bring a quiet title action in Kansas district court to clear title.
Probate in Kansas is governed by the Kansas Probate Code; see Chapter 59 of the Kansas Statutes for general probate rules: https://www.kslegislature.org/li/b2023_24/statute/chapter/59/

6) After recording — other steps

Provide updated title information to your mortgage lender if one exists. The lender may require documentation or a new deed to update its records.
Update property tax records with the county treasurer or assessor to avoid confusion about future tax bills or exemptions (for example, homestead or senior exemptions).
If you plan to sell or refinance, get a title commitment or title insurance search to ensure no clouds on title remain.

Kansas statutory resources and local offices

Kansas Statutes — real property and property recording are found across Chapter 58 (general property statutes): https://www.kslegislature.org/li/b2023_24/statute/chapter/58/
Kansas Probate Code (Chapter 59) for probate procedures: https://www.kslegislature.org/li/b2023_24/statute/chapter/59/
Kansas Judicial Branch (general court information and local court contacts): https://www.kscourts.org/
Contact the county Register of Deeds office where the property is located for county-specific document and fee requirements (most counties publish recording checklists and fee schedules on their websites).

Common complications and what they mean

Deed language is ambiguous — If the deed does not clearly create a joint tenancy with right of survivorship, title may not pass automatically; you will likely need probate or a court action.
Multiple co-owners died at the same time or without clear survivorship order — Simultaneous deaths or cases where you cannot determine who died first can require probate or a declaratory judgment to settle who inherits.
Liens, mortgages, or unpaid taxes — A surviving owner takes title subject to existing liens and mortgages; lenders may need proof of ownership if you refinance.
Missing recorded deed — If the original recorded deed cannot be found, a copy from the Register of Deeds or a certified copy from the recorder should be obtained before recording anything new.

Sample checklist to take to the Register of Deeds

Certified death certificate(s) (original certified copy).
Copy of the recorded deed showing joint tenancy language and recording info.
Notarized Affidavit of Survivorship (signed by surviving owner(s)).
New deed (optional) if you prefer to execute a reconveyance to yourself.
Photo ID for the surviving owner(s).
Recording fee and any county transfer tax or documentary fee.

Helpful Hints

Contact the county Register of Deeds first. County offices vary. Many have forms or sample affidavits you can use.
Obtain certified death certificates from the state vital records office — photocopies are usually not accepted for recording.
Keep originals of recorded receipts and stamped copies returned by the recorder — they prove the public record was updated.
Get a title search or title insurance if you plan to sell or refinance — this reveals hidden problems early.
If more than one co-owner died or the deed is unclear, consult an attorney early — contested title and simultaneous deaths commonly require court involvement.
When in doubt, open a probate file. Even a short court process can provide clear authority (letters testamentary or administration) to transfer title if the survivorship route fails.
Remember taxes and liens: surviving owners do not automatically remove mortgages or liens; those must be handled separately with the lienholder or through refinance or payoff.

Disclaimer: This article explains general legal concepts under Kansas law for educational purposes only and is not legal advice. Your facts may change the outcome. For help with a specific situation, contact a licensed Kansas attorney or your county Register of Deeds.