Free Kansas Quitclaim Deed Form

KS Stat § 58-2204 provides the form of a quitclaim deed. Here are the essential elements to include in this document:

• Grantor’s and grantee’s names
• The grantor’s marital status
• A legal description of the property being conveyed
• A vesting clause in which the grantor quitclaims the property without warranty of title
• Consideration exchanged for the property
• The grantor’s signature
• The grantor’s spouse’s signature if the property is a homestead (Kansas Constitution, Art. 15 § 9)

View an example of a Kansas quitclaim deed to see how to format the document. Then, create a state-compliant form with Legal Templates’s guided form. Download your customized KS quitclaim deed in PDF or Word format.

KS Stat § 28-115 provides detailed instructions for formatting deeds. To be valid at the time of filing, your Kansas quitclaim deed must:

• Be printed on paper no larger than 8 ½ in. x 14 in.
• Be legible and clear enough for photographic copies
• Be typed in 8-point or larger font
• Include specific margins for the top of the first page (varies by county, might be 3 in. or 3 ½ in.)
• Include specific margins for all other pages (varies by county, might be 1 in. for all other margins)
• Include a blank space on the top of the first page for the register of deeds recording stamp
• Include the typed or printed names of each signer directly below their signatures

Filing a Kansas quitclaim deed involves a few essential steps to ensure the transfer is legally recognized. Careful preparation, proper signatures, and correct filing with the register of deeds are key to a smooth process.

Step 1 – Obtain a Copy of the Original Deed

The property owner should have a copy of the property deed. If not, you can request a copy from the register of deeds office in the county where the property is situated. The legal description of the property is on the deed, so you will need the document before you proceed.

Step 2 – Fill Out the Kansas Quitclaim Deed

Draft a Kansas quitclaim deed form using language similar to that provided under KS Stat § 58-2204. While you can use the language provided, be sure to include the term “quitclaim” in the vesting clause in order to avoid creating a warranty deed. Use Legal Templates’s guided form to access an attorney-approved template.

Step 3 – Complete the Real Estate Sales Validation Questionnaire

When you transfer property using a quitclaim deed in Kansas, you may need to fill out a Real Estate Sales Validation Questionnaire, per KS Stat § 79-1437c. The questionnaire can be completed by the buyer, the seller, or an authorized agent of either. The goal of the document is to verify the amount of consideration paid for the conveyed property in compliance with KS Stat § 79-1485, also called the Kansas Real Estate Ratio Study Act.

Exemptions from the real estate sales validation questionnaire requirement, per KS Stat § 79-1437e, are as follows:

• Deeds releasing or securing security for a debt
• Deeds correcting or modifying a previously recorded deed without additional consideration
• Deeds as gifts, donations, or contributions
• Deeds for cemetery lots
• Deeds transferring property to or from a trust without consideration
• Deeds transferring property in a divorce settlement
• Deeds creating a joint tenancy or tenancy in common

If your deed is exempt from the validation questionnaire requirements, you must clearly state the exemption on the deed.

Step 4 – Sign Before a Notary

Real estate transfers via a quitclaim deed must be signed by the grantor, per KS Stat § 58-2209. A quitclaim deed signed by the grantor is sufficient to convey property to the named recipient, according to KS Stat § 58-2204. The Kansas Constitution, Art. 15 § 9 states that the grantor’s spouse must also sign the deed if it conveys a homestead property and the grantor is married.

The grantor and their spouse, if applicable, must sign a Kansas quitclaim deed before a notary. The notary will complete, sign, and stamp an acknowledgment, per KS Stat § 58-2211.

Step 5 – File with the Register of Deeds

Per KS Stat § 58-2221, every deed conveying real estate property in Kansas must be registered with the register of deeds office in the county where the property is located. The grantor or grantee who files the document must also provide the full name and mailing address of the grantee so they can receive tax statements for the property.

Real estate transfers through a Kansas quitclaim deed may be subject to the following recording fees and taxes.

Recording Fees

Per KS Stat § 28-115, the register of deeds charges the following fees for recording legal documents, including Kansas quitclaim deeds:

• $21 for the first page, not to exceed 8 ½ in. x 14 in.
• $17 for each additional page or fraction thereof
• $12.50 for acknowledgment of a signature

KS Stat § 28-115a states that an additional $2 per page can be charged for the register of deeds technology fund.

Taxes

Kansas does not charge a real estate transfer tax. Depending on the terms of your Kansas quitclaim deed, you may still owe federal taxes for conveying real estate, including a gift tax and capital gains tax.

1. US Gift Tax (Form 709)

Kansas does not charge a gift tax. However, you may owe federal gift tax for property transferred with consideration over a certain amount. The Internal Revenue Service (IRS) updates the exemption values annually. If you gifted property over that exemption value, you must submit Form 709 along with your annual income taxes.

2. Capital Gains Tax

Kansas taxes capital gains as income in your individual tax filing. Rates vary depending on your annual income. In addition, you may owe federal tax on capital gains. The IRS determines the capital gains tax rate based on your annual income and the length of time you owned the property.