A Kansas quitclaim deed helps transfer real property without providing any covenants or warranties on the property title. The document is used to transfer property between family members or individuals with a preexisting relationship of trust.
How to File
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 – Procure a Copy of the Deed
The property owner should have a copy of the property deed. If not, you can request a copy from the county recorder’s 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 – Transcribe the Legal Property Description
Pull the legal description from the existing deed and enter it into your Kansas quitclaim deed. A legal property description is typically described using section, township, and range, per the Kansas Register of Deeds Association [1]. The goal of the property description is to make it easy for a land surveyor or assessor to locate and identify the property.
Step 3 – Fill Out the Kansas Quitclaim Deed
Draft a Kansas quitclaim deed form using language similar to that provided under Kan. Stat. § 58-2204. While you can use the language provided, be sure to include the term “quitclaim” in the vesting clause. Your quitclaim deed should also indicate that the property is being transferred without warranty of title.
Failure to include the correct language can result in costly legal issues down the road. Consider downloading a fillable Kansas quitclaim form, you can simply fill in the blanks without overlooking important legal language.
Step 4 – 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 Kan. Stat. § 79-1437c. The questionnaire [2] can be completed by the buyer, seller, or an authorized agent of the buyer or seller. The goal of the document is to verify the amount of consideration paid for the conveyed property in compliance with Kan. Stat. § 79-1485, also called the Kansas Real Estate Ratio Study Act.
Exemptions from the real estate sales validation questionnaire requirement, per Kan. 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 5 – Sign the Quitclaim Deed Before a Notary
Real estate transfers via a quitclaim deed must be signed by the grantor, per Kan. Stat. § 58-2209. A quitclaim deed signed by the grantor is sufficient to convey property to the named recipient, according to Kan. 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 county recorder may accept an electronic signature instead of a physical signature if it meets requirements established in Kan. Stat. § 58-4403.
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 Kan. Stat. § 58-2211. If you sign the deed in the state of Kansas, you can also have it acknowledged by a register of deeds, county clerk, or mayor or clerk of an incorporated city.
Step 6 – File With the Register of Deeds
Once your Kansas quitclaim deed is completed, signed, and notarized, you can submit it to the register of deeds [3] in the county where the property is located. Per Kan. Stat. § 58-2221, the person filing the quitclaim deed must provide the grantee’s name and most recent mailing address to the recorder. The recorder will forward this information to the county clerk to ensure tax statements are sent to the new owner party.
Per Kan. 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 [4]. 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.
Costs and Fees
Real estate transfers through a Kansas quitclaim deed may be subject to the following recording fees and taxes.
Recording Fees
Per Kan. 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
- $2 per page for the register of deeds technology fund (Kan. Stat. § 28-115a)
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 US 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 [1]. If you gifted property over that exemption value, you must submit Form 709 [2] 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 [3].
Kansas Quitclaim Deed Requirements
Kansas quitclaim deeds must follow specific legal guidelines to ensure a valid property transfer. From precise property descriptions to notarized signatures, meeting these state requirements protects both parties in the transaction.
Legal Framework
Kansas quitclaim deed laws address when and how you can use a quitclaim deed for property transfers, deed modifications, and more. Kan. Stat. § 58-2205 establishes the basis for using a deed to convey land or other real estate interest. Kan. Stat. § 58-2204 further explains the use and form of quitclaim deeds for conveying Kansas real estate interests.
Legal Description
Your quitclaim deed in Kansas should clearly describe the location and orientation of the property being conveyed. You can find the legal description on the deed and transfer the language verbatim to your quitclaim document. Per the Kansas Register of Deeds Association [1], property is legally described by section, township, and range.
Signing
Kan. Stat. § 58-2209 states that any deed conveying any real estate interest must be signed by the grantor or their lawful agent or attorney. Kan. Stat. § 58-2204 specifically states that quitclaim deeds duly signed and acknowledged by the grantor are sufficient to quitclaim the property to the grantee or his heirs and assigns.
Per Kan. Stat. § 58-2211, all signatures on a deed or other real estate conveyance must be acknowledged before a notary. If signed in the state of Kansas, the document can also be acknowledged by a county clerk, register of deeds, or mayor or clerk of an incorporated city.
Kansas Constitution, Art. 15 § 9 also requires the grantor’s spouse’s signature on any conveyance related to a homestead property.
An electronic signature that meets requirements under Kan. Stat. § 58-4403 may be accepted in lieu of a physical signature.
Terminology
Kan. Stat. § 58-2204 provides general language for quitclaim deeds in Kansas. The language can be modified as needed but should include the term “quitclaim” in the conveying language. Although the law does not require it, you may consider adding language to indicate that the property is quitclaimed without warranty of title or covenants.
Additional Documents
Per Kan. Stat. § 79-1437c, real estate transactions, including certain quitclaim deeds must be accompanied by a real estate sales validation questionnaire [2]. Transactions exempt from this requirement include the following, according to Kan. Stat. § 79-1437e:
- Transfers releasing or securing security for an obligation
- Transfers correcting or modifying a previously recorded deed without additional consideration
- Gifts, donations, or contributions
- Cemetery lots
- Transfers to or from a trust without consideration
- Transfers due to a divorce settlement
- Conveyance to create a joint tenancy or tenancy in common
If your Kansas quitclaim deed is exempt from the validation questionnaire requirements, you must clearly state the exemption on the deed.
Filing
Per Kan. 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 [3]. 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.
Validity Requirements
Kan. Stat. § 28-115 provides detailed instructions for formatting documents. To be valid at the time of filing, your Kansas quitclaim deed must:
- Be printed on paper 8 ½ in. x 14 in. or smaller, preferably 8 ½ in. x 11 in.
- Be legible and clear enough for photographic copies
- Be typed in 8-point or larger font
- Include a 3 in. margin on the top of the first page and at least 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
Content Requirements
Kansas quitclaim deeds must also include the following information:
- Grantor and grantee names (Kan. Stat. § 58-2204)
- Legal description of real estate being conveyed (Kan. Stat. § 58-2204)
- Vesting clause in which the grantor quitclaims the property without warranty of title (Kan. Stat. § 58-2204)
- Consideration exchanged for the property (Kan. Stat. § 58-2204)
- Date of the transaction (Kan. Stat. § 19-1205)
- Title of document (Kan. Stat. § 19-1205)
- Grantor’s signature (Kan. Stat. § 58-2209)
- Grantor’s spouse’s signature if the property is a homestead (Kansas Constitution, Art. 15 § 9)
- Notary acknowledgment (Kan. Stat. § 58-2211)
Quitclaim Deeds vs. Other Property Transfer Methods in Kansas
| Quitclaim Deed | Limited Warranty Deed | Warranty Deed | Title Insurance | Transfer-on-Death Deed | Life Estate Deed |
|---|---|---|---|---|---|
| Transfers property interest from the grantor without any guarantees about title or ownership. The grantor cannot be held liable for any title defects that arise after the transfer. | Provides a limited warranty upon transfer of the real property. The grantor typically warrants that the property is free of liens, encumbrances, or third-party claims that arose during their ownership period. However, they do not make any guarantees about the title or ownership status prior to the grantor taking ownership. | Provides a full warranty of title, making the grantor responsible for any liens, encumbrances, defects, or other title issues related to the property, regardless of when they occurred. If issues arise, the grantee can sue the grantor for damages related to title defects. | Grantees who receive property via a quitclaim or limited warranty can purchase title insurance for a premium. The policy covers losses or damages that may arise as a result of undisclosed title defects or questions of ownership. | A transfer-on-death (TOD) deed conveys real estate from the owner, or grantor to a beneficiary upon the owner's death. It is a popular option for estate planning because it allows the property to be transferred outside probate. | A life estate deed allows the owner to become a life tenant and transfers the property interest to another individual upon their death. This type of deed can limit the owner's ability to mortgage or sell the property. |
Sample Kansas Quitclaim Deed
Take a look at a sample Kansas quitclaim deed below. You can customize it to fit your situation using our document editor and download it as a PDF or Word file.
Frequently Asked Questions
What are the main uses of a quitclaim deed in Kansas?
In Kansas, quitclaim deeds are frequently used for transferring property between family members, during a divorce as part of a settlement, for estate planning by transferring property to a family member as a gift, and when transferring property to or from a trust. They are also employed to clarify deeds that do not alter property ownership but may add details like a middle initial to an owner’s name.
How do you record a quitclaim deed in Kansas?
To record a quitclaim deed in Kansas, the completed and notarized deed must be taken to the Register of Deeds Office in the county where the property is located. Recording fees vary by county, and certain counties may have additional requirements, such as specific paper sizes or font requirements for the deed. Recording the deed provides constructive notice to all subsequent purchasers and is essential for the transfer to be acknowledged legally.
Can a quitclaim deed be used to transfer property to a joint tenant upon death in Kansas?
Yes, in Kansas, a quitclaim deed can be used to transfer property to a joint tenant upon the death of a co-tenant or to transfer land according to laws of interstate succession. This allows property owners to ensure that their real estate is passed on according to their wishes without the need for a formal probate process.
