How a Kansas TOD deed works
- The owner signs a TOD deed naming one or more beneficiaries
- It must be recorded with the county Register of Deeds before the owner dies to be effective
- The owner can still sell, mortgage or revoke it at any time
- After death, the beneficiary records proof of death to take title
What a TOD deed doesn't do
It doesn't remove mortgages or liens; the beneficiary takes the property subject to them. It can conflict with other estate plans, so the owner should coordinate it with their will or trust, ideally with an attorney.
Selling a home after a TOD transfer
Once the beneficiary has recorded the required proof of death, they can usually sell like any owner. The title search will confirm the TOD deed was valid and recorded in time.
Across the state line: Missouri beneficiary deeds
Missouri uses a similar tool called a beneficiary deed. It also must be recorded before the owner's death.
Common questions
What is the best way to transfer property from parent to child?
It depends on taxes, control and family circumstances. A TOD deed, a trust or a lifetime gift each have trade-offs, so talk to an estate attorney.
Can you transfer a deed without a lawyer?
Recording a deed doesn't require a lawyer, but drafting one correctly matters. An attorney is the safe choice.