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Home » US Law » 2021 Kansas Statutes » Chapter 59 - Probate Code » Article 35 - Transfer-on-death

59-3501 Real estate; transfer-on-death.

59-3501. Real estate; transfer-on-death. (a) An interest in real estate may be titled in transfer-on-death, TOD, form by recording a deed signed by the record owner of such interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer ownership of such interest upon the death of the owner. A transfer-on-death deed […]

59-3502 Same; filing of form with register of deeds.

59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the owner, a deed in substantially the following form: […]

59-3503 Same; beneficiary; revocation; change; revocation by will, prohibited.

59-3503. Same; beneficiary; revocation; change; revocation by will, prohibited. (a) A designation of the grantee beneficiary may be revoked at any time prior to the death of the record owner, by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located an instrument describing […]

59-3504 Same; vesting of ownership in beneficiary; grantee beneficiary.

59-3504. Same; vesting of ownership in beneficiary; grantee beneficiary. (a) Title to the interest in real estate recorded in transfer-on-death form shall vest in the designated grantee beneficiary or beneficiaries on the death of the record owner. (b) Grantee beneficiaries of a transfer-on-death deed take the record owner’s interest in the real estate at death […]

59-3505 Same; joint owner.

59-3505. Same; joint owner. (a) A record joint owner of an interest in real estate may use the procedures in this act to title such interest in transfer-on-death form. However, title to such interest shall vest in the designated grantee beneficiary or beneficiaries only if such record joint owner is the last to die of […]

59-3506 Same; application of 58-2414 to grantor.

59-3506. Same; application of 58-2414 to grantor. The provisions of K.S.A. 58-2414, and amendments thereto, apply to the grantor of a transfer-on-death deed. History: L. 1997, ch. 176, § 6; July 1.

59-3507 Same; nontestamentary disposition.

59-3507. Same; nontestamentary disposition. A deed in transfer-on-death form shall not be considered a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated. History: L. 1997, ch. 176, § 7; July 1.

59-3508 Motor vehicles; transfer-on-death.

59-3508. Motor vehicles; transfer-on-death. A motor vehicle, as defined by K.S.A. 8-126, and amendments thereto, may be titled in transfer-on-death, TOD, form by including in the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last survivor of the […]

59-3509 Same; certificate of title.

59-3509. Same; certificate of title. A motor vehicle is registered in transfer-on-death form by designating on the certificate of title, the name of the owner, the names of tenant in common owner or the names of the joint tenant with right of survivorship owners, followed in substance by the words “transfer on death to(name of […]

59-3510 Same; beneficiaries; interest; change.

59-3510. Same; beneficiaries; interest; change. The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the last survivor of the joint tenant with right of survivorship owners. A beneficiary designation may be changed at any time by the owner or all of the joint tenant […]

59-3511 Same; vesting of ownership in beneficiary.

59-3511. Same; vesting of ownership in beneficiary. Ownership of a motor vehicle titled in transfer-on-death form, for which an application for a subsequent certificate of title has not been filed, shall vest in the designated beneficiary or beneficiaries on the death of the owner or the last of the joint tenant with right of survivorship […]

59-3512 Same; nontestamentary disposition.

59-3512. Same; nontestamentary disposition. A certificate of title in transfer-on-death form shall not be considered a testamentary disposition or be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated, and amendments thereto. History: L. 1997, ch. 138, § 5; Jan. 1, 1998.

59-3513 Other nontestamentary transfers.

59-3513. Other nontestamentary transfers. (a) A provision in the following for a nonprobate transfer on death is nontestamentary: (1) Insurance policy or annuity contract; (2) contract of employment; (3) current employee compensation or benefit program; (4) deferred compensation or pension plan, including programs described in sections 401(a), 403(b), 457 or 501(c)(18) of the federal internal […]