Transferring real estate in Kansas requires the use of a deed. One form, the Quitclaim Deed, transfers real property without providing any covenants or warranties on the property title.
In Kansas, quitclaim deeds are often used to transfer property between family members or individuals with a preexisting relationship of trust.
Read more information about transferring property in Kansas and the requirements for quitclaim deeds.
Kansas Quitclaim Deed Laws and Requirements
Under Kansas law, a quitclaim deed must be in writing, contain a legal description of the property, and be signed by the grantor (current owner or seller).
The grantor must have their signature acknowledged by a notary public. The deed should be recorded to protect the grantee’s (new owner or buyer) property rights.
There will be recording fees but no real estate transfer tax.
Laws
Kansas law governing real property can be found in Chapter 58 of the Kansas Statutes, while Article 22 specifically governs real estate transfers.
Requirements for transferring all real property are in these sections, including the requirements for a Kansas quitclaim deed form.
Legal Description
Use the property’s complete legal description including the mailing address when describing the property to be transferred.
The legal description can usually be found on the current deed or by contacting the appropriate county’s Register of Deeds.
Signing
Kansas Statutes Sections 58-2204 and 58-2209 require a quitclaim deed to be signed by the grantor, who is the person transferring the property.
Without the grantor’s signature, the deed is invalid.
Acknowledgments
Kansas Statutes Section 58-2211 requires the grantor’s signature to be acknowledged by a notary public.
Terminology
Kansas Statutes Section 58-2204 provides language to use in a quitclaim deed.
You do not have to use this exact language, but you should use the same or similar language to ensure your quitclaim deed meets Kansas law standards for legal forms:
“A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration).”
Transfer Tax
There is no transfer tax. Kansas is one of a minority of states not to require a transfer tax on conveyances of real property.
Additional Documents
Kansas Statutes Section 79-1437c requires the Real Estate Sales Validation Questionnaire to be completed unless an exemption applies under Kansas Statutes § 79-1437e.
If the Questionnaire is not required, the applicable exemption number must be stated on the filed document.
Witnesses
Kansas does not impose additional witness requirements on quitclaim deeds other than the acknowledgment necessary for the grantor’s signature.
Recording
All deeds, from a Kansas corrective deed to a quitclaim deed, must be recorded (per Kansas Statutes Section 58-2221) with the Register of Deeds in the county where the property is located.
The County Clerk records all transfers of real property within the county. Kansas Statutes Section 58-2223 stipulates that a deed is only effective if properly recorded.
To record a deed, you must pay a recording fee to the Register of Deeds. The fee may vary by county. For example, in Shawnee County, the Register of Deeds has a fee schedule for recording deeds based on the number of pages.
How to Write & File a Quitclaim Deed in Kansas
Quitclaim deeds are a useful and easy tool to help manage your property, especially if you’re recently married, or want to pass property between family members.
Fortunately, filing a quitclaim deed is relatively simple and cheap in Kansas. The state has no transfer tax, although there is a small tax on mortgage registration.
You may have to pay a small amount if your quitclaim deed is used to add someone as an owner on a property with an existing mortgage.
Step 1 – Provide Relevant Identifying Information
At the top of your quitclaim deed, there will be blank areas for the Preparer to fill in their personal information.
This information includes their full legal name and address, including the state and zip code.
Placing this information anywhere other than the provided lines can cause problems when you go to record your quitclaim deed, and might mean you have to write a new one.
Step 2 – Enter Grantor (Seller) Details
The second paragraph of the quitclaim deed form starts with “Know All Men By These Presents.”. The following line provides two blank spaces separated by a dollar sign.
You need to write the full dollar amount of the property value on the first blank space, and then write it numerically on the second blank line.
So, for instance, “one thousand and four dollars. $1,004”.
There will be two more blank spaces, separated by the letter “a”. The first space is for the Grantor’s full name, and the second is for the grantor, ex. “Jane Doe a, Grantor”
The next blank area is for the full address of the Grantor.
Step 3 – Write Grantee (Buyer/Receiver) Details
The next blank area is where you fill in the Grantee details, starting with “Hereby quitclaims”. In this space, enter the Grantee’s full legal name.
The next blank space should be filled with the word “Grantee”.
The next part you must fill is the street address of the Grantee, starting with the words “Residing at”. Fill in “County of”, “City of” and “State of” with the relevant information.
“State of” should always be followed by Kansas for quitclaim deeds filed in Kansas.
There is one more blank space after grantee details to include the county where the property being transferred is located.
If the property is on the border of two counties, use the mailing address for the property to determine which county it belongs in.
Step 4 – Get Quitclaim Deed Notarized
The last section is for the Grantor to provide their signature and printed name.
The state of Kansas requires that all quitclaim deeds be acknowledged by a notary public, so the closing area of the document is reserved for the notary to provide their ID number (if applicable), commission expiration date, and notary seal or stamp.
They’ll also fill in the county where the document was witnessed and the names of those who appeared before the notary.
Step 5 – Register the Deed
After you’ve filled out the deed, signed it, and had it notarized, the deed must be recorded with the Kansas Register of Deeds Office in the county where the property is located.
Kansas Quitclaim Deed Sample
Below is an example of what a Kansas quitclaim deed looks like.