Kansas special warranty deed
Here is what Kansas actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- $21 first page
- E-recording
- Approved submitters
What a special warranty deed does in Kansas
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
The Kansas law behind this deed
Start with the warranty deed statute, K.S.A. § 58-2203. A special warranty deed narrows its promise to the time the grantor owned the property. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Warranty deeds (the form a special warranty deed narrows) | K.S.A. § 58-2203 |
| Conveyances generally | K.S.A. §§ 58-2205, 58-2209, 58-2211 |
| Recording with the Register of Deeds | K.S.A. § 58-2221 |
| Homestead and spousal consent | Kan. Const. art. 15, § 9 |
When Kansas property owners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Kansas requires on the deed
These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Kansas says |
|---|---|
| Recording office | Register of Deeds |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Kansas requires the grantee's full name and mailing address, or the address of someone the grantee names, to be given to the register of deeds when the deed is recorded. It is used for property tax statements (K.S.A. 58-2221). Deedly prints it on the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Real Estate Sales Validation Questionnaire (Kansas form PV-RE-22-OP or PV-RE-23), unless the transfer is exempt under K.S.A. 79-1437e. An exempt deed states its exemption on its face instead (K.S.A. 79-1437e(b)). |
A spouse may have to sign even if they are not an owner
If you are married, your spouse should sign the deed even if your spouse is not on the title. A homestead cannot be conveyed without both spouses (Kan. Const. art. 15, § 9). A surviving spouse who did not consent in writing keeps a claim to one-half of any Kansas real estate you owned during the marriage (K.S.A. 59-505).
How to complete and record it in Kansas
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Kansas deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete the Real Estate Sales Validation Questionnaire, unless the deed is exemptKansas requires the questionnaire with every deed that transfers title, unless one of the exemptions in K.S.A. 79-1437e applies, such as a gift stated in the deed, a transfer to or from a trust without consideration, or a divorce transfer. An exempt deed must state its exemption on its face, and the register of deeds cannot add it (K.S.A. 79-1437e(b)). Deedly prints the exemption when your answers show which one applies. Your filing packet says which applies to you and how to fill in the questionnaire.
- Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Kansas
| Cost | Typical amount |
|---|---|
| Recording fee | $21 for the first page and $17 per additional page |
| Transfer tax | None in this state |
| Notary | Kansas sets no maximum notary fee, but a notary who charges one must first tell you that the fee is permitted but not required by law, and you must agree to it before the notarization (K.A.R. 7-43-16). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Kansas imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Kansas
Kansas deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 105 counties in Kansas.
Many Kansas recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Kansas: Johnson, Sedgwick, Shawnee, Wyandotte, Douglas, Leavenworth. See all Kansas recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Kansas law that catch people out
- Kansas has no real estate transfer tax. A deed that transfers title now must be accompanied by a completed Real Estate Sales Validation Questionnaire or state its exemption on its face (K.S.A. 79-1437c, 79-1437e), and the register of deeds cannot add the exemption for you. A transfer-on-death deed needs neither.
- Kansas homestead protection is constitutional and strong: both spouses must sign to convey the homestead regardless of whose name is on the title.
- Kansas authorized transfer-on-death deeds in 1997, making it one of the earliest adopters.
How to hold title in Kansas
When two or more people take title in Kansas and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Kansas: joint tenancy with right of survivorship and tenancy in common.
$49, one time. Your finished deed appears in full before you pay, with Kansas's witness rules, margins, and recording instructions already applied.
Common questions
No. Kansas has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds. Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $21 for the first page and $17 per additional page. Kansas has no state real estate transfer tax, so the recording fee is normally the whole cost. Set by state law (K.S.A. 28-115) and the same in every Kansas county. Add $1 if a signer's or the notary's name is not typed or printed under the signature.
No. Kansas requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Register of Deeds in the county where the property is located, not where you live, and not where the buyer lives. Kansas has 105 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. If you are married, your spouse should sign the deed even if your spouse is not on the title. A homestead cannot be conveyed without both spouses (Kan. Const. art. 15, § 9). A surviving spouse who did not consent in writing keeps a claim to one-half of any Kansas real estate you owned during the marriage (K.S.A. 59-505). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Kansas quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Kansas general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Kansas transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Kansas life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for KansasRecording offices, transfer tax, witness rules, and fees.
- Kansas recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.