Kansas Deed Requirements

Christopher Moore

Christopher Moore

Attorney

Last updated Mar 20, 2023

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

Formatting Standards for Kansas Deeds

Kansas formatting standards deal with the arrangement and format of each of the elements of Kansas deeds. Kansas deeds must meet the following formatting requirements:

  • Paper size. Kansas deeds must be printed on paper no larger than 8½ × 14 inches (legal size). Standard letter-size paper (8½ × 11 inches) is preferred in many counties.1
  • Font size. A deed’s font size must be no smaller than eight points.2 Register of deeds offices prefer larger font sizes.
  • Recording stamp space. A deed submitted for recording must include a blank area large enough 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 usually places the recording stamp in the top margin of a deed’s first page.
  • Margins. Most register of deeds offices require the first page’s top margin to be at least 3 inches, although some require 3½ inches. All other margins must measure at least 1 inch.4 A register of deeds may require a separate page and a second recording fee if a deed’s top margin is too small for the recording stamp.
  • Clarity and legibility. A deed submitted for recording must be clear and legible enough to create clear and legible photographic copies.5 The register of deeds may reject a deed that is not clear and legible.

Content Requirements for Kansas Deeds

Kansas content requirements govern the substantive provisions that must be included in each Kansas deed form. Kansas deeds must meet the following content requirements:

  • Party names. A Kansas deed must give the legal names of both parties to the transfer—the current owner (grantor) and new owner (grantee).6 The names of any persons signing a deed must be typed or printed directly below 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 transfer.9 Indexing information includes the date, party names, type of document, 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 saying that the real estate is being transferred from the current owner to the new owner.11 A Kansas deed’s granting clause usually tells what warranty of title, if any, the deed provides.
  • Consideration. Kansas law does not specifically require deeds to describe the consideration, or payment, provided for a transferred property—though Kansas deeds usually include a statement of consideration.12

Signing Requirements for Kansas Deeds

A Kansas deed is not valid unless it is signed as required by law. Kansas deeds must meet the following signature requirements:

  • Current owner’s signature. The current property owner with the right to transfer the property must sign a Kansas deed.13 A deed that transfers a co-owned property should include the signatures of both owners. A lawful agent or attorney who can act on the owner’s behalf may sign a deed for the owner.14 The signer’s typed or printed name must appear just below the signature.15
  • Electronic signature. An electronic signature meets the 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, or confirm it is valid, before a notary or other official authorized to take acknowledgments.17 Under Kansas law, register of deeds offices can take acknowledgments for a fee of $12.50.18
  • Spousal consent. The Kansas Constitution requires consent from both spouses to transfer a homestead owned by a married person.19 Both spouses must therefore sign a deed to transfer 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 because Kansas law gives a surviving spouse a one-half interest in real estate that a deceased spouse transferred during the marriage without the other spouse’s consent.20

Recording Fees for Kansas 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 located.21 The register of deeds receives a deed, then records and indexes it by date, party names, type of document, volume-and-page number, and property description.22 A recorded deed gives formal notice of the transfer to any later purchasers, creditors, and other parties.23

  • Recording cost. The register of deeds charges $21.00 to record a deed’s first page and $17.00 each for other pages.24 The register of deeds cannot record a deed until the required fee is paid.25
  • Name and address for tax statement. The person requesting recording must give 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, who uses it to prepare tax statements for the property.26

Kansas Transfer Tax and Additional Forms

Kansas is one of 13 states that does not charge a transfer tax on real estate transfers. Kansas also ended 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 describes the details of a transaction, including the property description and location, buyer 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. Filing in incorrect order may lead to delays. An RESVQ must be submitted in its regular 8½ × 11-inch size for accurate label placement. The RESVQ form’s second page—describing the instructions and exceptions—need not be submitted to the register of deeds.

Transfers exempt from RESVQ requirement

Kansas does not require an RESVQ for certain types of transfers.30 An exempt deed must state why it is exempt, typically by including the following statement: “Pursuant to Kan. Stat. § 79-1437, a Real Estate Sales Validation Questionnaire is not required due to Exemption No. [Exemption No.].” The following types of property transfers 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 that confirm, correct, change, or add to a previously recorded deed without further payment;
  4. deeds giving or donating the named real estate;
  5. deeds to cemetery lots;
  6. leases and transfers of severed mineral interests;
  7. deeds to or from trusts without payment;
  8. deeds resulting from a divorce settlement in which one party transfers real estate ownership to the other;
  9. deeds made solely to create 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 problems;
  13. transfers to provide right-of-way or due to eminent domain;
  14. deeds made by a guardian, executor, administrator, conservator, or trustee of an estate due to a court order;
  15. deeds transferring title due to repossession; and
  16. deeds with no further payment recorded to release an equitable lien on a previously recorded affidavit of equitable interest.

Each deed created by our deed preparation service is attorney-designed to meet Kansas recording requirements and comes with step-by-step instructions for filing with the register of deeds.

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