9
AN ACT concerning the transfer of real
property upon the death of the
10 owner; relating to an
heir who files a notification of interest in title.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. (a) When the tax
appraised value of real property owned
14 by a decedent is not greater than $15,000
and the estate is not subject to
15 homestead or allowances pursuant to K.S.A.
59-401 et seq., and amend-
16 ments thereto, or such homestead or
allowances are waived, any heir,
17 devisee or legatee of the decedent may file
a notification of interest in
18 title in the office of the register of
deeds in the county where such real
19 property is located. Such notification of
interest in title shall be in sub-
20 stantially the form set out in subsection
(e) and shall state:
21 (1) The decedent's name, the
date of death and a certified copy of
22 decedent's death certificate;
23 (2) the address and legal
description of such real property owned by
24 the decedent;
25 (3) the name and current
address of the heir filing the notification;
26 (4) the relationship between
the decedent and the heir filing notifi-
27 cation;
28 (5) that the taxes on such
real property are current and not delin-
29 quent;
30 (6) that such real property
is free of liens and encumbrances; and
31 (7) that the heir filing
notification of interest in title is filing a claim
32 to be the vested owner of such real
property.
33 (b) If after three years from
the date of the filing of the notification
34 of interest in title, no other heir,
devisee or legatee has petitioned the
35 court in a probate proceeding pursuant to
the Kansas probate code, the
36 heir who filed the notification of interest
in title shall be the legal owner
37 of such real property.
38 (c) If at any time during the
three-year period, another heir, devisee
39 or legatee petitions the court to establish
a probate proceeding, and if
40 during such proceeding the court
establishes a determination of descent
41 that allows another party to receive a
share of such real property, such
42 other party shall be liable to the heir
filing the notification of interest in
43 title for any taxes paid on such real
property and reasonable maintenance
HB 2667
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1 and upkeep costs documented and paid
by such heir.
2 (d) The provisions of
this section shall only apply to real property
3 located in Wyandotte county.
4 (e) The notification of
interest in title shall be in substantially the
5 following form:
6
7
STATE OF KANSAS
COUNTY OF
)
)
)
ss:
8
NOTIFICATION OF INTEREST IN TITLE
9 (heir)
10 I, ________, of lawful age,
being first duly sworn state:
11 (1) I have attached hereto a
certified copy of decedent's death certificate which states
12 decedent's name and date of death as:
13 Name
14
15 Date of
death
16 (2) The address and legal
description of real property owned by decedent for which this
17 notification is filed:
18 (3) The name and current
address of the heir filing the notification:
19 (4) The relationship between
the decedent and the heir filing notification:
20 (5) The taxes on such real
property are not delinquent and are currently being paid by
21 the heir:
22 (6) I am filing notification
of interest in title and am filing a claim to be the vested
23 owner of such real property.
24
(heir)
25
____________
26
27
STATE OF KANSAS
COUNTY OF SHAWNEE
)
)
)
28 The foregoing instrument was
acknowledged before me this ____ day of
],
29 19__ by __________.
30 SUBSCRIBED AND SWORN to before me on
__________.
31
Notary
Public
32
____________________
33 My Appointment Expires:
34 ____________________
35 Sec. 2. This act shall take
effect and be in force from and after its
36 publication in the statute book.
37