Kansas Deed Forms | Kansas Deed Laws & Requirements

Kansas deeds must contain all legally required information for a valid conveyance of real estate. A Kansas deed’s formatting and execution must satisfy statutory requirements. A noncompliant deed may result in an invalid transfer or rejection by the register of deeds.

Formatting Requirements for Kansas Deeds

• Paper Size. Kansas deeds must be printed on paper not larger than 8 ½ x 14 inches (legal-size). Standard letter-size paper (8 ½ x 11 inches) is preferred in many counties.¹
• Font Size. A deed’s font size must be no smaller than 8-point.² Register of deeds offices prefer larger font sizes.
• Recording Stamp Space. A deed submitted for recording must include a sufficiently sized blank area to allow the register of deeds office to add its recording stamp. The recording stamp states the recording date and volume-and-page number assigned to the recorded deed.³ The register of deeds customarily places the recording stamp in the top margin of a deed’s first page.
• Margins. Register of deeds offices require the first page’s top margin to be at least 3 inches—with 3 ½ inches recommended by some offices. All other margins must measure at least 1 inch.⁴ A register of deeds may require a separate page and additional recording fee if a deed’s top margin is insufficient for the recording stamp.
• Clarity and Legibility. A deed submitted for recording must be sufficiently clear and legible for creation of clear and legible photographic reproductions.⁵ The register of deeds may reject a deed that is not clear and legible.

Content Requirements for Kansas Deeds

• Party Names. A Kansas deed must identify the legal names of both parties to the conveyance—the current owner (grantor) and new owner (grantee).⁶ The names of any persons signing a deed must be typed or printed immediately beneath their signatures.⁷
• Legal Description of Property. A deed must include a complete and accurate legal description of the real estate.⁸ The property’s address and tax-parcel number are sometimes included but are not required.
• Indexing Information. A deed must include the information the register of deeds needs to index the conveyance.⁹ Indexing information includes the date, party names, type of instrument, and property description.¹⁰
• Personal Information. A deed should not include sensitive personal information like Social Security or driver’s license numbers.
• Granting Clause. A deed must include a clause indicating that the real estate is being transferred from the current owner to the new owner.¹¹ A Kansas deed’s granting clause ordinarily indicates what warranty of title, if any, the deed provides.
• Consideration. Kansas law does not specifically require deeds to identify the consideration provided for a transferred property—through Kansas deeds customarily include a statement of consideration.¹²

Execution Requirements for Kansas Deeds

• Current Owner’s Signature. The current property owner with the authority to convey the property must sign a Kansas deed.¹³ A deed conveying a co-owned property should include the signatures of both owners. A lawful agent or attorney with authority to act on the owner’s behalf may sign a deed for the owner.¹⁴ The signer’s typed or printed name must appear immediately beneath the signature.¹⁵
• Electronic Signature. An electronic signature satisfies Kansas’ requirement for an original signature if the deed is recorded electronically in a county that has adopted e-filing.¹⁶
• Notarization. The current owner must acknowledge the deed before a notary or other official authorized to take acknowledgments.¹⁷ Kansas law empowers register of deeds offices to take acknowledgments for a fee of $12.50.¹⁸
• Spousal Consent. The Kansas Constitution requires the joint consent of both spouses to transfer a homestead owned by a married person.¹⁹ Both spouses must therefore execute a deed conveying a Kansas homestead owned by a married person—even if only one spouse holds title to the real estate. A non-owner spouse should also consent to a transfer of a non-homestead property due to a Kansas statute giving a surviving spouse a one-half interest in real estate a deceased spouse transferred during the marriage without the other spouse’s consent.²⁰

Recording Fees for Kansas Deeds

• Recording Deeds. The person requesting recording—typically the new owner—records a deed with the register of deeds office for the county where the real estate is situated.²¹ The register of deeds—upon receiving a deed—records and indexes the deed by date, party names, type of instrument, volume-and-page number, and property description.²² A recorded deed provides formal notice of the conveyance to subsequent purchasers, creditors, and other interested parties.²³
• Recording Cost. The register of deeds charges $21.00 to record a deed’s first page and $17.00 for each additional page.²⁴ The register of deeds cannot record a deed until the required fee amount is paid.²⁵
• Name and Address for Tax Statement. The person requesting recording must provide the register of deeds the new owner’s full name and mailing address at the time of recording. The register of deeds gives the information to the county clerk for use in preparing tax statements for the property.²⁶

Kansas Transfer Tax and Additional Forms

• Kansas Transfer Tax. Kansas is among the 13 states that assess no transfer tax on real estate transfers. Kansas also repealed its mortgage registration tax in 2019.²⁷
• Real Estate Sales Validation Questionnaire. The current owner, new owner, or authorized agent must submit to the register of deeds a completed Real Estate Sales Validation Questionnaire (RESVQ) when recording a Kansas deed.²⁸ An RESVQ summarizes the details of a transaction—including, among other things, the property description and location, purchaser name and address, and sale price and date.²⁹ An RESVQ form should be submitted to the register of deeds immediately after the deed itself, as filing in the incorrect order may result in delays.

Transfers Exempt from RESVQ Requirement

Kansas does not require a real estate sales validation questionnaire for certain categories of transfers.³⁰ An exempt deed must identify the applicable exemption—typically by including the following exemption statement: “Pursuant to Kan. Stat. § 79-1437, a Real Estate Sales Validation Questionnaire is not required due to Exemption No. [Exemption No.].” The following categories of conveyances are exempt:

1. Deeds recorded before July 1, 1991;
2. Deeds made solely to secure or release security for a debt or other obligation;
3. Deeds intended to confirm, correct, modify, or supplement a previously recorded deed without additional consideration;
4. Deeds gifting, contributing, or donating the real estate identified in the deed;
5. Deeds to cemetery lots;
6. Leases and transfers of severed mineral interests;
7. Deeds to or from trusts without consideration;
8. Deeds resulting from a divorce settlement where one party transfers a real estate interest to the other;
9. Deeds made solely for the purpose of creating a joint tenancy or tenancy in common;
10. Sheriff’s deeds;
11. Deeds that have been in escrow for longer than five years;
12. Quitclaim deeds recorded to clear title encumbrances;
13. Transfers to convey right-of-way or pursuant to eminent domain;
14. Deeds made by a guardian, executor, administrator, conservator, or trustee of an estate pursuant to judicial order;
15. Deeds transferring title due to repossession; and
16. Deeds without additional consideration recorded for the purpose of releasing an equitable lien on a previously recorded affidavit of equitable interest.

1. Stat. § 28-115(a)(5)(A).
2. Stat. § 28-115(f).
3. Stat. § 28-115(e).
4. See Kan. Stat. § 28-115(e).
5. Stat. § 28-115(e).
6. Stat § 58-2209.
7. Kan. Stat. § 28-115(d).
8. See Stat. § 58-2203; Kan. Stat. § 58-2204.
9. Stat. § 28-115(e).
10. Kan. Stat. § 19-1205.
11. See Stat. § 58-2203; Kan. Stat. § 58-2204.
12. See Kan. Stat. § 58-2203; Kan. Stat. § 58-2204.
13. Stat. § 58-2205; Kan. Stat. § 58-2209.
14. Kan. Stat. § 58-2209; see also Kan. Stat. § 58-654(d) (authorizing execution of deed by authorized agent acting under power of attorney).
15. Kan. Stat. § 28-115(d).
16. Stat. § 58-4403.
17. Kan. Stat. § 58-2209; Kan. Stat. § 58-2211.
18. Kan. Stat. § 28-115(a)(5)(F).
19. Const., Art. 15, Sec. 9.
20. See Kan. Stat. § 59-505.
21. Stat. § 58-2221.
22. Kan. Stat. § 19-1205.
23. Kan. Stat. § 58-2222.
24. Stat. § 28-115(a), (b), and (i).
25. Kan. Stat. § 28-115(g).
26. Stat. § 58-2221.
27. See former 2014 Kan. Stat. § 79-3102(6) (assessing mortgage registration tax); repealed eff. Jan. 1, 2019.
28. Stat. § 79-1437c.
29. Kan. Stat. § 79-1437d.
30. Kan. Stat. § 79-1437e.