A house or land without probate in Kansas

An owner can sign, acknowledge and record a TOD deed with the register of deeds in the county where the land is, before death. It transfers the interest at the owner's death and can be revoked; the beneficiary does not need to sign or be told during the owner's life.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Kansas

Real estate (TOD deed)

Yes · Transfer-on-death (TOD) deed

An owner can sign, acknowledge and record a TOD deed with the register of deeds in the county where the land is, before death. It transfers the interest at the owner's death and can be revoked; the beneficiary does not need to sign or be told during the owner's life.

Law: K.S.A. 59-3501, 59-3502

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Kansas
Counts

Kansas real estate in the person's name alone counts toward the $75,000, but the affidavit cannot transfer real estate.

Law: K.S.A. 59-1507b

Main home (primary residence)
Counts

The person's home counts like other real estate unless it passes by joint tenancy or a transfer-on-death deed.

Law: K.S.A. 59-1507b, 59-3501

Surviving spouse in Kansas

The surviving spouse, for the spouse and minor children, is allowed the clothing, family library, pictures, furniture and household goods, one car, and a year's provisions, plus a reasonable allowance of up to $75,000 in money or property set by the court. This property is not used to pay the person's debts, except liens. If the estate is no bigger than these allowances, the spouse or minor children can ask the court to refuse letters. With form TR-83a, the spouse can claim one vehicle as exempt property at the county treasurer.

Who inherits with no will in Kansas

If there is a spouse and no children or descendants of a deceased child, the spouse gets everything. If there is a spouse and children, the spouse gets half and the children (with descendants of a deceased child taking that child's share) get half. With no spouse, the children or their descendants get everything.

Law: K.S.A. 59-504, 59-506

Source: Official page

Related pages

Free help in Kansas

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.