Ch. 176             1997 Session Laws of Kansas             1283

An Act concerning real property; relating to the release of a mortgage or deed of trust;
relating to nonprobate transfers of real estate; amending section 1 of 1997 House Bill
No. 2057 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) An interest in real estate may be titled in transfer-
on-death, TOD, form by recording a deed signed by the record owner of
such interest, designating a grantee beneficiary or beneficiaries of the
interest. Such deed shall transfer ownership of such interest upon the
death of the owner. A transfer-on-death deed need not be supported by
consideration.

(b) The signature, consent or agreement of or notice to a grantee
beneficiary of a transfer-on-death deed shall not be required for any pur-
pose during the lifetime of the record owner.

Sec. 2. An interest in real estate is titled in transfer-on-death form
by executing, acknowledging and recording in the office of the register

1284             1997 Session Laws of Kansas             Ch. 176

of deeds in the county where the real estate is located, prior to the death
of the owner, a deed in substantially the following form:

(Name of owner)                                 (name of
     beneficiary)

_____________________ as owner transfers on death to _______________________________________________________________________________ ,
as grantee beneficiary, the following described interest in real estate: (here insert description
of the interest in real estate). THIS TRANSFER ON DEATH DEED IS REVOCABLE.
IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE
OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS
OWNER FOR THIS INTEREST IN REAL ESTATE.
Instead of the words ``transfer-on-death'' the abbreviation ``TOD'' may be used.

Sec. 3. (a) A designation of the grantee beneficiary may be revoked
at any time prior to the death of the record owner, by executing, acknowl-
edging and recording in the office of the register of deeds in the county
where the real estate is located an instrument describing the interest
revoking the designation. The signature, consent or agreement of or no-
tice to the grantee beneficiary or beneficiaries is not required.

(b) A designation of the grantee beneficiary may be changed at any
time prior to the death of the record owner, by executing, acknowledging
and recording a subsequent transfer-on-death deed in accordance with
section 2. The signature, consent or agreement of or notice to the grantee
beneficiary or beneficiaries is not required. A subsequent transfer-on-
death beneficiary designation revokes all prior designations of grantee
beneficiary or beneficiaries by such record owner for such interest in real
estate.

(c) A transfer-on-death deed executed, acknowledged and recorded
in accordance with this act may not be revoked by the provisions of a will.

Sec. 4. (a) Title to the interest in real estate recorded in transfer-on-
death form shall vest in the designated grantee beneficiary or benefici-
aries on the death of the record owner.

(b) Grantee beneficiaries of a transfer-on-death deed take the record
owner's interest in the real estate at death subject to all conveyances,
assignments, contracts, mortgages, liens and security pledges made by the
record owner or to which the record owner was subject during the record
owner's lifetime including, but not limited to, any executory contract of
sale, option to purchase, lease, license, easement, mortgage, deed of trust
or lien, claims of the state of Kansas for medical assistance, as defined in
K.S.A. 39-702, and amendments thereto, pursuant to subsection (g)(2) of
K.S.A. 39-709, and amendments thereto, and to any interest conveyed by
the record owner that is less than all of the record owner's interest in the
property.

(c) If a grantee beneficiary dies prior to the death of the record owner
and an alternative grantee beneficiary has not been designated on the
deed, the transfer shall lapse.

Sec. 5. (a) A record joint owner of an interest in real estate may use
the procedures in this act to title such interest in transfer-on-death form.

Ch. 176             1997 Session Laws of Kansas             1285

However, title to such interest shall vest in the designated grantee ben-
eficiary or beneficiaries only if such record joint owner is the last to die
of all of the record joint owners of such interest. A deed in transfer-on-
death form shall not sever a joint tenancy.

(b) As used in this section, ``joint owner'' means a person who owns
an interest in real estate as a joint tenant with right of survivorship.

Sec. 6. The provisions of K.S.A. 58-2414, and amendments thereto,
apply to the grantor of a transfer-on-death deed.

Sec. 7. A deed in transfer-on-death form shall not be considered a
testamentary disposition and shall not be invalidated due to nonconform-
ity with the provisions of chapter 59 of the Kansas Statutes Annotated.

Sec. 8. Section 1 of 1997 House Bill No. 2057 is hereby amended to
read as follows: Section 1. (a) Any mortgage or deed of trust against
real property located in this state recorded on or after January 1, 1955,
and before January 1, 1965, or referred to or described in any instrument
of record within such period shall be void, unless, prior to July 1, 1998,
the owner and holder thereof files, in the office of the register of deeds
of the county in which the property is located, an affidavit stating:

(1) The name and address of the owner and holder thereof;

(2) the nature of the claim;

(3) the amount due on the claim;

(4) the date of the last payment on the claim; and

(5) a description of the property.

(b) Any mortgage or deed of trust against real property located in this
state recorded on or after January 1, 1965, or referred to or described in
any instrument of record after such date, shall be void by operation of
law if:

(1) More that than 32 years shall have elapsed between the date of
the initial recording of the mortgage; and

(2) prior to July 1 of the year next preceding the date 32 years after
the date of initial recording, unless an action is not commenced to fore-
close the mortgage or deed of trust, or unless the owner and holder of
the mortgage does not file in the office of the register of deeds of the
county in which the property is located, an affidavit stating:

(A) The name and address of the owner and holder thereof;

(B) the nature of the claim;

(C) the amount due on the claim;

(D) the date of the last payment on the claim; and

(E) a description of the property.

(c) This section shall not apply to or affect mortgages, deeds of trust
or liens against real property of railroad corporations recorded after Jan-
uary 1, 1890.

(d) Infancy, incompetency or nonresidency shall not affect the op-
eration of this act.

1286             1997 Session Laws of Kansas             Ch. 176

Sec. 9. Section 1 of 1997 House Bill No. 2057 is hereby repealed.

Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 1997.