How to Transfer a Car Title After Death in Kansas

When it applies: the Kansas title says "transfer on death to" followed by your name, and the owner (or the last surviving joint owner with right of survivorship) has died.

Kansas law lets cars be titled in transfer-on-death form. When the owner dies, ownership passes to the named beneficiary or beneficiaries, subject to any lien, unless the owner later applied for a new title that changed it. The owner could change the beneficiary at any time without the beneficiary's consent. A TOD title is not treated as a will.

How the process works:

• Confirm you are named as the beneficiary on the title, the last registration receipt, or a verification of ownership from the county treasurer or the Division of Vehicles.
• Complete the TR-82. Each beneficiary applying signs it, and it includes the odometer reading.
• A beneficiary who wants to give up their share can sign an affidavit conveying their interest to the other named beneficiary. At least one beneficiary must title the car in their own name before it can be sold.
• If your name on the old title differs from how it should appear on the new one, complete the One and the Same Person section of the TR-12.
• If a lienholder is listed, get a notarized TR-128 or a notarized lien release.
• Take everything to your local county treasurer's motor vehicle office and apply for title. Kansas law gives you 60 days from the transfer to apply for registration, or a $2 penalty is added.

Forms:

• Transfer on Death Affidavit (TR-82)
• Lienholder's Consent to Transfer Ownership (TR-128) (only if a lien is listed)
• Affidavit to a Fact (TR-12) (only if your name differs)
• Title and Registration Manual Application (TR-212a) (has a TOD section if you want to name your own beneficiary on the new title)

Documents:

• Completed TR-82
• Proof of ownership: the title, last registration receipt, or a verification of ownership
• A copy of the death certificate for each owner shown on the Kansas title
• Notarized TR-128 or lien release, if a lienholder is listed

When it applies: the title lists more than one owner.

KDOR's published guidance explains who must sign for a co-owned car, but not how a surviving co-owner retitles it after a death. For signatures, KDOR reads the title this way:

• "and": all listed owners must sign.
• "or" or "and/or": only one owner needs to sign.
• No connecting word: treated as "and".

Separately, Kansas law says property given to two or more people (including a husband and wife) is owned as tenants in common unless the wording makes clear a joint tenancy was intended. So "and" or "or" on a title does not, by itself, show a right of survivorship in any official source we found. Kansas TOD law does refer to "joint tenant with right of survivorship" owners, so a title can carry that designation.

How the process works:

• Look at the face of the title and note the word between the names and whether it shows joint tenancy with right of survivorship or a TOD beneficiary.
• If a TOD beneficiary is named and all owners have died, follow the TOD steps (TR-82).
• No statewide checklist for a surviving co-owner was found. Contact the county treasurer's motor vehicle office to confirm what to bring before you go.

Forms:

• Title and Registration Manual Application (TR-212a)
• Lienholder's Consent to Transfer Ownership (TR-128) (only if a lien is listed)

Documents:

• The Kansas title, registration receipt, or verification of ownership
• A copy of the death certificate (Kansas law accepts a death certificate or an affidavit of death as prima facie evidence when a joint tenant dies)
• TR-128 or lien release, if a lienholder is listed
• Anything else the county treasurer asks for

When it applies: your spouse was a Kansas resident and the car was in their name. If you were a co-owner on the title, see "The Car Was Co-Owned".

When a Kansas resident dies, Kansas law sets aside one automobile (along with household goods and other items) for the surviving spouse and minor children. That property is not liable for the deceased's debts, except liens already on it. There is no dollar cap on this one-car allowance in the statute.

KDOR's forms give two routes:

• Decedent's Affidavit (TR-83a): for when there is a will the court has not probated. It titles one vehicle pending final action on the will, and the spouse can claim the car as exempt property under K.S.A. 59-403(a).
• Small Estates Affidavit (TR-83b): if there is no will, or it won't be probated, and the probate estate is $75,000 or less, the spouse can use it like any other heir. See "No Probate".

If probate is open, see "An Executor Has Been Appointed".

How the process works:

• Pick the route that fits.
• On the TR-83a, list the heirs at law (spouse and minor children), the car's year, make, VIN and odometer reading, and sign as the affiant.
• If a lienholder is listed, get a TR-128 or lien release.
• Take the affidavit and documents to your local county treasurer's motor vehicle office and apply for title.

Forms:

• Decedent's Affidavit, pending final action on will (TR-83a)
• Small Estates Affidavit, also called the Claim of Heir Affidavit (TR-83b)
• Lienholder's Consent to Transfer Ownership (TR-128) (only if a lien is listed)

Documents:

• Completed TR-83a or TR-83b
• Proof of ownership: last title, Kansas registration receipt, or verification of title
• Proof of death (the TR-83b requires a certified death certificate attached; Geary County lists a death certificate or obituary for its office)
• TR-128 or lien release, if a lienholder is listed

When it applies: no TOD beneficiary, no surviving co-owner taking the car, and no executor or administrator has been requested or appointed.

Kansas has two affidavits heirs can use at the county treasurer:

• Small Estates Affidavit (TR-83b): for a Kansas resident whose estate subject to probate is $75,000 or less, where debts and taxes have been or will be paid. The limit was raised from $40,000 on July 1, 2023. It can be signed by someone entitled to the property under the will or by law, or the person named as personal representative in the will. The signer must be over 18 and sign in front of a notary.
• Decedent's Affidavit (TR-83a): when there is a will the court has not probated, an heir can use it to title one vehicle pending final action on the will.

Once a will has been probated, neither affidavit can be used (per Geary County).

How the process works:

• Confirm no petition to appoint an executor or administrator is pending or granted.
• On the TR-83b, list the heirs or will beneficiaries, the estate's personal property and values, and for each vehicle its value, VIN, year, make, style and odometer reading. State how the property is divided.
• Sign before a notary and attach a certified copy of the death certificate.
• Geary County says each heir who doesn't want the car signs the Disclaiming Vehicle Ownership section of the TR-12, and the title goes to the remaining heir(s).
• If a lienholder is listed, get a TR-128. If the loan is paid off, use the assignment portion of the TR-128 with the lien release attached.
• Take everything to your local county treasurer's motor vehicle office and apply for title.

Forms:

• Small Estates Affidavit, also called the Claim of Heir Affidavit (TR-83b)
• Decedent's Affidavit, pending final action on will (TR-83a) (unprobated will, one vehicle)
• Affidavit to a Fact (TR-12) (Disclaiming Vehicle Ownership section)
• Lienholder's Consent to Transfer Ownership (TR-128)

Documents:

• Notarized TR-83b, or TR-83a if there is an unprobated will
• Certified copy of the death certificate (attached to the TR-83b)
• Proof of ownership: title, current registration receipt, or verification of ownership
• TR-128 or lien release, if a lienholder is listed
• TR-12 disclaimers from heirs not taking the car

When it applies: a Kansas court has probated the will or appointed an administrator.

KDOR says executors and administrators may apply for an original title through the same process as heirs, per the probated will. Geary County adds that once a will has been probated, the heir affidavits (TR-83a and TR-83b) can't be used, and the executor or administrator may sign the car over to whoever they choose. A death certificate or obituary must be presented.

KDOR does not publish a list of court papers the executor must bring. Contact the county treasurer's motor vehicle office to confirm.

How the process works:

• Gather proof of ownership (title, registration receipt or verification of ownership) and proof of death.
• If a lienholder is listed, get a TR-128 or lien release.
• At the county treasurer's office, title the car to the heir or beneficiary, or sign it over to a buyer.

Forms:

• Title and Registration Manual Application (TR-212a)
• Lienholder's Consent to Transfer Ownership (TR-128) (only if a lien is listed)

Documents:

• Court papers showing your appointment (ask the county treasurer which ones)
• Death certificate or obituary (per Geary County)
• Proof of ownership
• TR-128 or lien release, if a lienholder is listed
• For a sales tax-free transfer to an heir: a certified copy of the probate court order making the distribution (KDOR Pub. KS-1526)

When it applies: a lienholder is listed on the registration receipt or title record.

Kansas is an electronic title state, and a car with a lien can't be transferred unless the lienholder consents in writing. Under Kansas law, a TOD transfer is subject to the rights of all lienholders.

How the process works:

• Check the registration receipt for a listed lienholder.
• If the loan continues, have the lienholder complete and notarize the TR-128. This lets the car move to the heir or beneficiary.
• If the loan is paid off, use the assignment portion of the TR-128 and attach the lien release in place of the lienholder's portion.
• Submit the TR-128 or lien release with the TR-82, TR-83a or TR-83b at the county treasurer's motor vehicle office.

Forms:

• Lienholder's Consent to Transfer Ownership (TR-128)

Documents:

• Notarized TR-128, or a notarized lien release from the lienholder of record
• Registration receipt or verification showing the lien

• Title fee: $10 for a Kansas certificate of title.
• Registration and property tax: registration fees and county vehicle property tax are charged when you register. KDOR says property tax must be paid at registration. Amounts depend on the car and county. The TR-212a also lists a title penalty, DMV modernization fee and county service fee without amounts. Contact the county treasurer to confirm what you'll owe.
• Late registration: Kansas law adds a $2 penalty for not applying for registration within 60 days. That deadline applies to TOD transfers.
• Notary: the TR-83b must be signed before a notary.

Sales tax. KDOR's Pub. KS-1526 says a transfer to an heir or legatee by will or under inheritance laws is not a sale and is not subject to Kansas sales or use tax. It asks for a certified copy of the probate court order making the distribution at registration. Official sources don't say what proof is accepted when there was no court case (TOD, co-owner, TR-83a or TR-83b). Contact the county treasurer to confirm.

Separately, transfers between immediate family members (lineal ascendants and descendants, such as parents, grandparents, children and grandchildren, and their spouses) are exempt with the Affidavit of Relationship (TR-215). In its section on gifts, KDOR says a transfer can be taxable when the person receiving the car takes on the loan and isn't immediate family. KDOR doesn't say whether that applies to inherited cars, so ask the treasurer if this affects you.

Title applications are made at the county treasurer's motor vehicle office in the county where the car is garaged. The TR-82 tells TOD beneficiaries to bring the affidavit and documents to their local county treasurer's motor vehicle office.

• Online or by mail: no official source describes an online or mail-in title transfer for a deceased owner's car.
• Appointments: policies vary by county. Contact your county treasurer to confirm before you go.
• Lost title: a replacement title can be requested at any county treasurer's motor vehicle office or by mail to the Titles and Registrations Bureau.

KDOR's title FAQ covers deceased owners, joint owners and trusts.

A TOD beneficiary or heir must title the car in their own name before selling it. The TR-82 says at least one beneficiary must title the car before transferring it, and Geary County says an heir planning to sell must title it in their name first.

If a will has been probated, Geary County says the executor or administrator may sign the car over to whoever they choose. Any lien must be cleared before the buyer gets a clear title. A private buyer pays sales tax at registration unless an exemption applies.

If probate is needed, our state probate guide walks through it.