Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Kansas law, transferring real estate after someone dies generally happens in one of three ways, depending on whether the decedent left a will and whether probate has closed.
1. Executor’s Deed (When There Is a Will)
If the decedent left a valid will and the court appointed an executor, that executor can convey property using an executor’s deed under KSA 59-2419 (link). The executor’s deed:
- Must be in writing
- Must be signed by the executor
- Must be acknowledged (notarized) in the county where the property lies
2. Administrator’s Deed (Intestate Transfers)
When someone dies without a will, the court appoints an administrator. Under KSA 59-2421 (link), the administrator executes an administrator’s deed to transfer title. Requirements mirror those for an executor’s deed.
3. Quitclaim or Warranty Deed (Heirs After Probate)
After probate closes, title vests directly in the heirs. Heirs may then sign a deed—commonly a quitclaim deed—to convey their interests. A quitclaim deed transfers the grantor’s interest “as is,” without warranties. Some buyers request a general warranty deed for full title protection.
Recording the Deed
To finalize the transfer, submit the original signed and notarized deed to the Register of Deeds in the county where the property is located. You must also file a Real Estate Transfer Tax Return under KSA 79-3101 (link) and pay the required transfer tax and recording fees. Once recorded, the deed and return become public record.
Helpful Hints
- Obtain certified Letters Testamentary or Letters of Administration before preparing the deed.
- Ensure the deed form matches the county recorder’s requirements.
- Include the legal description of the property as it appears in county records.
- Have each grantor sign in the presence of a notary public.
- Verify current recording and transfer tax fees with the county Register of Deeds.
- Retain a stamped, recorded copy of the deed for your records.