The Kansas quitclaim deed is a legal document one person, called the grantor, uses to transfer property to another person, called the grantee.
The general quitclaim deed, unlike the warranty deed and special warranty deed, doesn’t provide any guarantees for the person obtaining the property. By signing the quitclaim deed, the grantor simply transfers their interests in the property to another person without guaranteeing that there are no flaws or other claims against the property title.
On the other hand, the quitclaim deed has the simplest form compared to other types of deeds and is the fastest way of transferring property.
Quitclaim Deed Important Laws & Requirements in Kansas
Laws & Requirements
Statute: Form of quitclaim deed. (§ 58-2204)
Signing Requirements: The quitclaim deed must be acknowledged by the Notary Public, County Clerk, Register of Deeds, Mayor, or City Clerk. (§ 58-2205)
Recording: The grantor must submit the quitclaim deed to the Register of Deeds for registration.
Recording Fees: $21 for the first page and $17 for every additional page, according to the Kansas Register of Deeds Fee Schedule.
When to Use a Quitclaim Deed in Kansas
The special features of the Kansas quitclaim deed make it a good solution for the use cases presented below.
#1. Title Modifications
The grantor can use the Kansas quitclaim deed to make certain modifications to the property title. This can be due to certain errors in the title or the need to update the information in the title. The grantor can also add or remove people from the title using the quitclaim deed.
#2. Property Transfer
In most cases, however, the parties will use the quitclaim deed for the property transfer. The quitclaim deed is the fastest way for the property to be transferred compared to the other forms of property.
On the other hand, this type of deed lacks warranties for the buyer. Therefore, it should be used only for property transfers between trusted parties or family members.
#3. Living Trust Transfer
The grantor can also use the general quitclaim form to transfer the property from their assets to their living trust. This type of transaction doesn’t require any additional warranties, and it is, therefore, perfect for the quitclaim deed.
How to Create a Quitclaim Deed in Kansas
#1. Fill Out The Form
The parties should enter basic information about them, such as their names, mailing addresses, ID numbers, and marital statuses.
If the parties are legal persons, they should enter their registered names, mailing addresses, status, and registration numbers.
#2. Add the “Note Consideration”
This section provides details about the counter value the grantee owes to the grantor for transferring the property. The transaction can be made with or without consideration.
Forms of Consideration
Transfer of money
Default on debt
Providing of services
Any other form of value
The parties can also agree to transfer the property without consideration (as a gift). That kind of transaction is common between family members.
#3. Write the Legal Description
The legal description provides information about the transferred property. It usually includes the specific lot number and block number. In some cases, the legal description will include a description of the property boundaries if the plot isn’t registered.
The legal description can usually be found in the property title or the previous deed.
#4. Sign & Get it Notarized
The quitclaim deed then must be signed by the grantor and acknowledged by the notary public or other relevant body.
#5. File the Quitclaim Deed
The parties should then file the quitclaim deed with the relevant governmental body in charge of the registration.
Where to File a Quitclaim Deed in Kansas
Every Kansas quitclaim deed must be submitted for registration to the Register of Deeds according to the location of the property.