Kansas Quitclaim Deed Form

Last Updated: March 9, 2024 by Rukshani Lye

What is a Quitclaim Deed in Kansas? 

In Kansas, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Kansas.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Kansas?

The main difference between quitclaim deeds and warranty deeds in Kansas is that a quitclaim deed provides less security to the Grantee. 

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.

Warranty deeds are mostly used for real estate transactions in Kansas. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Kansas?

Laws surrounding quitclaim deeds are found in Chapter 58 of the Kansas Statutes, titled Personal and Real Property.

Kansas laws provide the sample language to be used in a quitclaim deed. It must state that the Grantor intends to “quitclaim” the property to the Grantee.  The term “conveys” is not used in a Kansas quitclaim deed as it implies warranty.

Once prepared, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Kansas?

You can prepare your own quitclaim deed in Kansas. A professional drafter is not legally required. 

Kansas Quitclaim Deed Requirements

Most formatting standards in Kansas are those that counties have uniformly adopted and standardized throughout the state.

Formatting Requirements

Formatting requirements for quitclaim deeds in Kansas include:

  1. Paper: maximum size 8.5x 14 (legal).   
  2. Font: minimum size 8-point type. 
  3. Text: color must be dark and clearly reproducible.
  4. Margins: leave 3 inches on top of the first page for official use; all remaining margins should be a minimum 1 inch. 
  5. Original documents only, no copies accepted.

Content Requirements

Content requirements for quitclaim deeds in Kansas include:

  1. The Grantor’s name and address.
  2. The Grantee’s name and address. 
  3. Return name and address.
  4. The title “Quitclaim.”
  5. The property address.
  6. Property’s homestead status.
  7. Property’s legal description.
  8. Parcel identification number (if available).
  9. Granting clause – a statement describing the transfer the parties have agreed to.
  10. Consideration clause – the value or the amount of money exchanged. 

Who Signs a Quitclaim Deed in Kansas?

For a quitclaim deed to be legally valid in Kansas, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public.

If the Grantor is married or the property is identified as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.

How to File a Quitclaim Deed in Kansas 

Here’s how to file a quitclaim deed in Kansas: 

  1. Prepare the quitclaim deed with the required information.
  2. Kansas Real Estate Sales Validation Questionnaire.
    • All instruments transferring real estate ownership in Kansas must be accompanied by a Real Estate Sales Validation Questionnaire.
    • The form can be completed by the Grantor, Grantee, or a representative and submitted at the Register of Deeds with the quitclaim deed.
    • Many transfers generally filed under quitclaim deeds are exempt from requiring to file the Questionnaire, including:
      • Deeds for no consideration.
      • Deeds that correct or change an existing deed.
      • Quitclaim deeds drawn to clear title issues.
      • Transfers resulting from divorce settlements. 
      • Deeds that add or remove a name from a deed. 
      • Deeds that clear title issues.  
    • If the transfer is exempt from the requirement to file the Real Estate Sales Validation Questionnaire, the basis of the exemption must be mentioned clearly on the deed.
  3. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
  4. Finally, file the quitclaim deed at the Register of Deeds in the county where the property is located.

          How Much Does it Cost to File a Quitclaim Deed in Kansas?

          In Kansas, the minimum charges for filing a quitclaim deed are as follows:

          • Base fee for the first page: $21.
          • Each additional page: $17.
          • Fee for recording town plats: $32.
          • Attachments, per page (if the main document is over ten pages): $1.

          What Taxes Are Owed on Quitclaim Deeds in Kansas?

          In Kansas, property transfers, including transfers through quitclaim deeds, are not subject to real estate transfer taxes. However, annual property taxes may still apply. 

          Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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          How Long Does a Quitclaim Deed Take to be Recorded in Kansas?

          The time it takes to record a quitclaim deed in Kansas varies based on the county, however, most offices process the deed within a few business days.

          What Happens After a Quitclaim Deed is Recorded in Kansas?

          When a quitclaim deed is submitted at the county’s Register of Deeds, it is first checked to ensure the necessary information is correct. The office then assigns the deed with a book and page number, and it is entered into the state system of records. Once the indexing information is verified, most original documents are returned to the customer.

          How Long Are Quitclaim Deeds Valid For in Kansas? 

          There is no expiration for quitclaim deeds in Kansas. However, the statute of limitations to recover property in Kansas is 5 years.