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Transfers ownership

Kansas general warranty deed

Here is what Kansas actually requires on a general 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.

Reviewed September 1, 2026
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 general warranty deed does in Kansas

A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.

The Kansas law behind this deed

Start with K.S.A. § 58-2203 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.

Statutes that govern a general warranty deed in Kansas
What it governsCitation
General warranty deeds specificallyK.S.A. § 58-2203
Conveyances generallyK.S.A. §§ 58-2205, 58-2209, 58-2211
Recording with the Register of DeedsK.S.A. § 58-2221
Homestead and spousal consentKan. Const. art. 15, § 9

When Kansas property owners use a general warranty deed

  • Sell a property directly to a buyer without an agent
  • Transfer a property where the buyer expects full title protection
  • Satisfy a purchase contract that calls for a warranty deed
  • Convey property where a title company requires warranty covenants

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.

Kansas deed requirements
RequirementWhat Kansas says
Recording officeRegister of Deeds
NotarizationRequired. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice.
WitnessesNone required. A notarial acknowledgment is enough.
Legal descriptionRequired, copied exactly from the prior recorded deed. A street address is not sufficient.
Grantee's addressKansas 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 addressInclude a 'when recorded, return to' block so the original comes back to you. Deedly always prints one.
Preparer statementNot required, but customary.
Prior deed referenceNot required, though it keeps the chain of title clean.
Page setup8.5 × 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 formReal 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

  1. 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.
  2. 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.
  3. Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Kansas deeds.
  4. 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.
  5. 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.
  6. 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.
  7. 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

CostTypical amount
Recording fee$21 for the first page and $17 per additional page
Transfer taxNone in this state
NotaryKansas 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 general warranty deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

  • The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
  • It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
  • It does not avoid probate and cannot be revoked once delivered and recorded.
  • Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.

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.

Create my Kansas general warranty deed

$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.

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.