Kansas Quitclaim Deed: Requirements, Recording and Fees

A Kansas quitclaim deed follows the statutory form in K.S.A. 58-2204, in which the grantor "quitclaims to" the grantee, with no promise that the title is good. It must be signed by the grantor or the grantor's lawful agent and acknowledged before a notary or another authorized officer (58-2209, 58-2211), then recorded with the register of deeds of the county where the property lies (58-2221), usually with a real estate sales validation questionnaire (79-1437c). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kansas law on quitclaim deeds: the conveyance statutes in K.S.A. 58-2201 to 58-2230 (form, execution, acknowledgment, recording and its effect), recording fees under 28-115, the sales validation questionnaire in 79-1437c to 79-1437g, the homestead consent rule in the Kansas Constitution, and the transfer-on-death deed in 59-3501 and following, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own underwriting rules, local fees or taxes, property valuation, or other states' laws.

What a quitclaim deed does in Kansas

Kansas puts the quitclaim deed in its statutes. K.S.A. 58-2204 says a conveyance "worded in substance as follows: A.B. quitclaims to C.D." describing the premises and stating the consideration, "the said conveyance being duly signed and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quitclaim to the grantee, his or her heirs and assigns." The operative words are "quitclaims to." The form includes a place to state the consideration, so a deed given as a gift still follows that structure.

Kansas law also sets how much passes. Under 58-2202, "every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant."

What a quitclaim leaves out is the promises. The covenants of seizin, right to convey, quiet possession, freedom from encumbrances and warranty come from the separate statutory warranty form in 58-2203, not from the quitclaim form. Title the grantor acquires later passes under 58-2207 only where the deed "undertakes to convey" an indefeasible estate in fee simple absolute. For how deeds with title promises compare, see quitclaim vs. warranty deeds.

People use a quitclaim to add or remove a spouse, give a home to a child, move a home into a trust, or clear up a cloud on title after a divorce. Each of those has its own questionnaire, mortgage and tax points, covered below.

Kansas quitclaim deed requirements

Kansas has no official quitclaim deed form beyond the wording in 58-2204; the only state form for a deed transfer is the sales validation questionnaire. The register of deeds can explain recording requirements but cannot give legal advice, and a lawyer licensed in Kansas can prepare the deed.

Under 58-2211, all conveyances and other instruments affecting real estate "must be acknowledged before a person authorized by the revised uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, by a county clerk, register of deeds or mayor or clerk of an incorporated city." Section 58-2209, as revised effective January 1, 2022, says deeds may be acknowledged or proved and certified in the manner prescribed by that law and 58-2216.

Two more format points from 28-115: if there is not enough space on the deed for the recording information and certification, an added sheet counts as a page, and a document in 8-point or smaller type filed on or after January 1, 1989 is deemed validly filed. Ask the register of deeds about any local page-format rules.

Does a spouse have to sign a Kansas quitclaim deed?

For a homestead, yes. Kansas Attorney General Opinion 83-28 quotes the Kansas Constitution, art. 15, sec. 9: a homestead "shall not be alienated without the joint consent of husband and wife, when that relation exists." The opinion quotes the Kansas Supreme Court: "nothing less than the free consent of the resident owner of the homestead, and joint consent of husband and wife where the relation exists, will suffice to alienate the homestead, except under the specified exceptions provided in the constitution."

The opinion explains that "alienated" means parting with or surrendering some interest in the homestead. A quitclaim by one spouse that gives up an interest in the family homestead therefore calls for the other spouse's joint consent. Ask a lawyer licensed in Kansas whether your property is a homestead. If the deed is part of a divorce, see our guide to Kansas divorce laws.

Outside the homestead, a spouse's signature can still matter later. Kansas's spousal elective-share law counts a married owner's gifts made during the marriage in the two years before death, to the extent gifts to any one recipient exceeded $25,000 in either year (K.S.A. 59-6a205(c)(3)), but it excludes property transferred with the surviving spouse's written joinder or written consent (59-6a208(a)). A lawyer licensed in Kansas can say whether your spouse should sign.

Recording a quitclaim deed with the register of deeds

A deed "may be recorded in the office of register of deeds of the county in which such real estate is situated" (K.S.A. 58-2221). When it is recorded, the grantor, grantee or another person conveying or receiving the property "shall furnish the register of deeds the full name and last known post-office address of the person to whom the property is conveyed or such person's designee," and the register passes that to the county clerk for tax statements.

What recording does

Recording is not what makes the deed valid between the grantor and the grantee. K.S.A. 58-2223 says: "No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record." Once the deed is filed, it imparts notice to all persons, and later purchasers and mortgagees are deemed to purchase with notice (58-2222). That is why the new owner should record promptly. Once recorded, the deed becomes part of the county land records; see our guide to Kansas property records.

Recording fees

K.S.A. 28-115(a)(5) sets the recording fee, on and after January 1, 2018, at $17 for the first page (not larger than legal size) and $13 for each additional page for deeds and other instruments. The statute adds other per-page fees, including $3 per page under 28-115(b) and $1 per page for the heritage trust fund under 28-115(i), plus the $1 fee when names are not typed or printed under the signatures. The register collects the fees before recording (28-115(g)). Because the add-ons stack, ask the register of deeds for the exact amount for your deed.

E-recording

Ask the register of deeds whether the county accepts electronically recorded deeds.

Transfer tax and the sales validation questionnaire

Kansas does not levy a state real estate transfer tax or documentary stamp tax on deeds. Its mortgage registration fee is also gone: 79-3102 reads "Repealed, L. 2014, ch. 140, § 22; January 1, 2019." This page does not cover local taxes; ask the register of deeds whether anything beyond the recording fee is due.

What Kansas does require is information. Under K.S.A. 79-1437c, "No deed or instrument providing for the transfer of title to real estate or affidavit of equitable interest in real estate shall be recorded in the office of the register of deeds unless such deed, instrument or affidavit shall be accompanied by a real estate sales validation questionnaire," unless an exemption applies. The register and county clerk use the questionnaires in assisting the director of property valuation.

The Kansas Real Estate Sales Validation Questionnaire from the Kansas Department of Revenue is completed by the grantor, the grantee or an agent. It asks for the seller's and buyer's names, the legal description and property address, the name and mailing address for tax statements, the sale price, the relationship if the parties are family, and financing. It is not recorded; the register keeps it for five years. Falsifying the sale price is a misdemeanor with a fine of up to $500 (79-1437g). The one-part version (PV-RE-22-OP) is marked "ONLY FOR USE IN COUNTIES APPROVED TO ACCEPT ONE-PART FORMS," so ask the register which version the county takes.

Questionnaire exemptions that fit common quitclaim situations

An exemption works only if it is clearly stated on the document being filed (79-1437e(b)); the Department of Revenue's questionnaire instructions add that the register of deeds cannot add it at filing. The list in 79-1437e(a) includes:

A transfer between spouses outside a divorce, and a transfer to a trust for consideration, are not on the list, so a questionnaire goes with those deeds unless another exemption fits and is stated on the deed.

Watch out: A gift deed is exempt from the questionnaire only if the gift is stated in the deed. Leave it out, and the register will not record the deed without a questionnaire.

Property tax after a quitclaim in Kansas

The questionnaire feeds Kansas's valuation system: under 79-1437c, "the register of deeds shall in conjunction with the county clerk use the information derived from such questionnaires in cooperating with and assisting the director of property valuation." For how a transfer affects a particular property's valuation or any property-tax relief the owner receives, ask the county appraiser.

Mortgages and quitclaim deeds

Kansas's deed statutes deal with title, not the loan. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in Kansas

Some Kansas registers of deeds offer recording alerts. Jackson County's sign-up form says: "By filling out this form, you will be notified by email if a document is recorded in your name." The FBI's Internet Crime Complaint Center advises owners to "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk’s Office offer notification services and send an automated email or text when a legal document is recorded using your name" (IC3 PSA I-061626-PSA). Ask your register of deeds whether the county offers one.

Transfer-on-death deeds and other alternatives

If the goal is to pass a home at death rather than now, Kansas allows a transfer-on-death deed (K.S.A. 59-3501 and following). Under 59-3501, "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." No consideration is needed.

The rules that matter:

• It must be executed, acknowledged and recorded with the register of deeds of the county before the owner's death, in substantially the statutory form (59-3502).
• The owner can revoke it by a recorded instrument or a later recorded TOD deed, not by a will (59-3503).
• The beneficiary takes subject to the owner's conveyances, mortgages and liens, including the state's claims for medical assistance (Medicaid), and title vests at the owner's death (59-3504).
• For property held in joint tenancy with right of survivorship, a TOD deed by one joint tenant takes effect only if that owner is the last joint tenant to die, and it does not sever the joint tenancy (59-3505).

For what happens when an owner dies without one, see our guide to Kansas probate.

If the new owner wants the grantor to stand behind the title, a quitclaim is the wrong tool; the statutory warranty deed in 58-2203 carries the covenants a quitclaim does not.

Common myths about Kansas quitclaim deeds

• "The deed is not valid until it is recorded." Not between the parties or against anyone with actual notice (58-2223). Recording protects the new owner against later purchasers and mortgagees (58-2222).
• "A gift deed needs no paperwork." It skips the questionnaire only if the gift is stated in the deed and the exemption is written on it (79-1437e(a)(4), (b)).
• "A Kansas deed needs two witnesses." No subscribing witness is required; acknowledgment does that work (58-2209, 58-2211).
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Kansas property records
• Quitclaim vs. warranty deeds
• Kansas divorce laws
• Kansas probate

This article provides general legal information about Kansas law on quitclaim deeds, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact your county register of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in Kansas.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Kansas?

The grantor signs the deed (K.S.A. 58-2209) and acknowledges it before a notary or another officer listed in 58-2211. Record it with the register of deeds of the county where the property lies, give the register the new owner's name and mailing address (58-2221), and include a sales validation questionnaire unless an exemption is written on the deed (79-1437c, 79-1437e).

Does a quitclaim deed need to be notarized in Kansas?

Yes for recording: under 58-2211, conveyances affecting real estate must be acknowledged before a person authorized under the revised uniform law on notarial acts or, in Kansas, a county clerk, register of deeds, or mayor or clerk of an incorporated city. The 58-2204 form itself describes the deed as signed and acknowledged by the grantor.

Does a Kansas quitclaim deed need witnesses?

No subscribing witnesses are required by 58-2209, 58-2211 or the statutory forms. Witnesses come in only to prove a deed when the grantor dies, cannot attend or refuses to acknowledge it (58-2214 to 58-2216).

How much does it cost to record a quitclaim deed in Kansas?

Under K.S.A. 28-115(a)(5), the base fee is $17 for the first page (up to legal size) and $13 for each additional page, and the statute adds further per-page fees plus $1 if signers' names are not typed or printed under their signatures. The register of deeds can give the total for your deed.

Do you pay transfer tax on a quitclaim deed in Kansas?

Kansas does not levy a state real estate transfer tax on deeds, and its mortgage registration fee was repealed effective January 1, 2019 (79-3102). Instead, a sales validation questionnaire must accompany the deed unless an exemption is clearly stated on it (79-1437c, 79-1437e(b)).

Does a quitclaim deed remove me from the mortgage?

No. Under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

Does my spouse have to sign a quitclaim deed in Kansas?

For the homestead, the Kansas Constitution (art. 15, sec. 9, as quoted in Attorney General Opinion 83-28) bars alienating it without the joint consent of husband and wife when that relation exists. For other property, a spouse's written joinder or consent keeps the transfer out of the spouse's elective-share calculation (59-6a208(a)). A lawyer licensed in Kansas can say whether your property is a homestead and whether your spouse should sign.

Is a quitclaim deed valid in Kansas if it is not recorded?

Between the parties and anyone with actual notice, yes: K.S.A. 58-2223 says no such instrument is valid, except between the parties and those with actual notice, until it is deposited with the register of deeds for record. Recording protects the new owner against later purchasers and mortgagees (58-2222).