Transfer on Death Deed for Elk County, Kansas

In Kansas, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death. In Elk County, the Register of Deeds records it for $21 for the first page plus $17 for each additional page.

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Kansas provides a statutory form, and a deed in substantially that form is accepted. The deed must state that the owner "transfers on death to" the named grantee beneficiary; the abbreviation "TOD" may be used in place of "transfer-on-death" (K.S.A. 59-3502).

A Kansas transfer on death deed is recorded with the Register of Deeds for the county where the property sits and must be on record before the owner's death to take effect. The deed must be recorded in the office of the register of deeds in the county where the property is located before the owner's death. K.S.A. 59-3502.

Co-owners may sign one deed together. The deed is signed by every owner whose interest it transfers.

Kansas passes the share of a beneficiary who dies before the owner to that beneficiary's descendants under its antilapse rule. The deed can name a successor beneficiary to take in that case. If a designated beneficiary does not survive the owner, that beneficiary's interest passes to the successor beneficiary designated in this deed, if any.

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. TOD deed property is subject to claims of the state of Kansas for medical assistance per K.S.A. 39-709. K.S.A. 59-3504(b). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

Recording a Transfer on Death Deed in Elk County

A transfer on death deed for Elk County property is recorded with the Register of Deeds at 127 North Pine Street, Howard, KS 67349. Phone: 1-620-374-2472. Hours: Monday-Thursday 7:00 AM-5:30 PM (closed Friday).

Recording costs $21 for the first page plus $17 for each additional page; a 2-page TOD deed records for $38; no transfer tax applies to TOD deeds. Page count, cover sheets, and any local transfer-tax add-ons can change the final amount, so confirm the total with the Register of Deeds before submitting.

Before recording, a Kansas transfer on death deed needs notary acknowledgment. The deed must be recorded before the owner's death to take effect.

If submitting by mail, use the office's mailing address: P.O. Box 476, Howard, KS 67349. Include any required return envelope or recording cover sheet requested by the Register of Deeds.

SimplyTrust Editorial·Updated October 16, 2026

Legal Sources

K.S.A. 59-3501 to 59-3507
K.S.A. 28-115(a)(5), (b), (i)
elkcountyks.org

Data sourced from Kansas statutes and official state code and Register of Deeds primary sources (1 page reviewed). How we research.

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Transfer on Death Deed for Elk County, Kansas

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Transfer on Death Deed for Elk County, Kansas

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