Transfer On Death Affidavit (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Transfer On Death Affidavit (N/a) is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Transfer On Death Affidavit (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Transfer On Death Affidavit (N/a):

• This form pertains to the State of Kansas

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kansas’s Form Transfer On Death Affidavit (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Kansas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Kansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Transfer On Death Affidavit (N/a), take a break, and then review. Probate and estate settlement processes in KS are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Transfer On Death Affidavit (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Transfer On Death Affidavit (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kansas.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Kansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Kansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Kansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kansas probate clerk or court for exact answers regarding Form Transfer On Death Affidavit (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Transfer On Death Affidavit (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some Kansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kansas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Transfer On Death Affidavit (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.

Transfer On Death Affidavit (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Kansas Form Transfer On Death Affidavit (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

TR-82 (Rev. 02/23) KANSAS DEPARTMENT OF REVENUE TRANSFER ON DEATH AFFIDAVIT (This affidavit is used by the beneficiaries upon the death of the vehicle owner(s).) www.ksrevenue.org Individual(s) Named as Transfer on Death Beneficiaries: certifies that applicant(s) is/are the transfer on death beneficiary(s) of Name of Deceased who departed this life on and that the deceased person(s) was the lawful owner(s) of the following vehicle: Year: Make: Style: VIN Odometer Reading (No tenths): .0 I certify to the best of my knowledge that the odometer reading is (check one): Actual The mileage stated is in excess of its mechanical limits The odometer reading is not actual mileage (Warning – Odometer Discrepancy) I/we certify that the person(s) shown on the face of the Kansas certificate of title for the above vehicle is/are the last registered owner(s) of the vehicle listed above and that I/we are also listed on the title as successor(s) upon the death of the previous owner(s). By my signature I swear that this is a true and correct statement. I am aware that the law provides severe penalties for making false statements under oath. Applicant’s Signature Applicant’s Printed Name Applicant’s Signature Applicant’s Printed Name Instructions       Attached verification that the vehicle was last titled in Kansas, to whom and who is shown as the Transfer on Death beneficiary(s). Verification can be the title, last registration receipt or a verification of ownership issued by either the County Treasurer or the Kansas Division of Vehicles. Attach a copy(s) of the death certificate(s) for the owner(s) shown on the Kansas title. If there is a lienholder listed on the face of the title, a notarized written lienholder’s consent to transfer the title Form TR-128 is required or a notarized lien release from the lienholder of record. If one of the beneficiaries shown on the title wishes to disclaim their interest in the vehicle they may do so by completing an affidavit conveying their interest to the other person named as beneficiary. At least one of the parties listed as a beneficiary must title the vehicle in their name before transferring the ownership of the vehicle. If the name of a beneficiary listed on the deceased title is not the way it is to be listed on the beneficiary’s new title, a One and the Same Affidavit form (TR-12) must be completed. Take this completed affidavit and the above documentation to your Local County Treasurer’s motor vehicle office when making application for title.