Will vs. Transfer-on-Death Deeds and Payable-on-Death Designations — A Clear Kansas FAQ

Short answer: Yes — often you still need a transfer-on-death (TOD) deed or a payable-on-death (POD) designation even if your Kansas will leaves all property to your daughter. A will controls how probate property is distributed through the probate process. TOD deeds and POD designations generally pass assets outside probate, so they operate differently from a will and can be necessary to achieve your goals.

Detailed answer: how a will, TOD deed, and POD designation work in Kansas

Start with the basic distinction: a will becomes effective only after your death and governs assets that are part of your probate estate. Assets that have a nonprobate transfer mechanism — such as a TOD deed on real estate, a POD designation on a bank account, an account titled jointly with rights of survivorship, or a named beneficiary on life insurance — pass directly to the named recipient without being administered through probate. That means the will does not control those assets.

Common implications under Kansas law and practice:

Real property: If you own a Kansas house in your name alone and you want your daughter to receive it automatically without probate, you can record a transfer-on-death (beneficiary) deed that names her as beneficiary. If you only leave the property to her in your will, the house generally must go through probate before title transfers, unless another nonprobate method applies. Recording requirements and formalities for deeds matter; an incorrectly executed or unrecorded TOD deed may fail.
Bank and brokerage accounts: A payable-on-death (POD) or transfer-on-death registration on an account permits the bank or broker to transfer the account directly to the named payee when you die. If you simply name your daughter in your will, the bank account will typically be part of probate and may not transfer immediately.
Vehicles: Many Kansas counties allow TOD-style beneficiary designations for motor vehicles or have a small-claims transfer process; check county DMV rules. A will usually does not immediately transfer vehicle title without probate paperwork.
Life insurance, retirement plans: These pass to the named beneficiary on the policy or plan, regardless of a will. Confirm beneficiary designations are current.

Why this matters: probate can be time-consuming, public, and may add cost. If your intent is to ensure a fast, nonprobate transfer to your daughter, rely on the appropriate nonprobate tools (TOD deed, POD, beneficiary designation, joint tenancy) rather than only a will.

When a will alone may suffice

A will is still essential when:

You want to control distribution of assets that cannot use a nonprobate transfer or you have complex instructions (e.g., conditional gifts or trusts).
You own property in other forms (for example, property owned jointly with others where survivorship law applies) and those forms already achieve your goals.
You accept that your daughter will receive assets only after probate, and you are comfortable with the time, cost, and public nature of probate.

Hypothetical examples (to illustrate)

Example 1 — House and bank account in your name only: You own a Kansas home titled solely in your name and a checking account at a local bank. Your will leaves “all property” to your daughter. If you want her to be able to move into the house and access the bank funds quickly after your death, you should record a TOD deed for the house and add a POD beneficiary on the account. Otherwise, your daughter will need to open probate and obtain appointment as executor or administrator to transfer title and access funds.

Example 2 — Life insurance and retirement account: You name your daughter as beneficiary on a life insurance policy and on your 401(k). Even though your will leaves everything to her, these assets will transfer directly to her under the beneficiary designation and won’t be controlled by the will.

Important Kansas-specific considerations and where to check the law

1) Formalities matter: To work properly, TOD deeds, POD designations, and beneficiary forms must meet the state and institution requirements. For TOD deeds on real property, recording the deed in the county where the property is located is usually required. For bank accounts, use the bank’s POD or transfer-on-death form.

2) Revocation rules: A will can be revoked or changed by a later valid will or codicil. TOD deeds and POD designations generally remain effective until you revoke or change them (or until you sell/transfer the asset). Be sure revocations are executed and recorded as required.

3) Conflicts between documents: If a nonprobate transfer names a beneficiary different from your will, the nonprobate beneficiary usually controls for that asset. For instance, if your TOD deed names your sister but your will leaves everything to your daughter, the deed beneficiary will typically take the property outside probate.

4) Creditors’ claims: Passing an asset outside probate does not necessarily shield it from all creditors. Creditors may still have claims depending on timing and type of asset. Probate provides a formal process to notify creditors.

5) Tax and Medicaid planning: Nonprobate transfers may affect estate tax calculations and Medicaid eligibility in different ways than probate transfers. Consult an attorney if these are concerns.

Useful Kansas law resources

Kansas statutes and searchable code: Kansas Statutes via the Revisor of Statutes — https://www.ksrevisor.org/statutes/ (check chapters on real property and wills for formal rules and definitions)
Kansas courts and probate information: Kansas Judicial Branch — https://www.kscourts.org/ (for local probate process and forms)

Practical checklist — What to do next

Inventory your assets and how each is titled: sole name, joint tenancy, beneficiary designation, retirement plan, life insurance, payable-on-death.
Decide which assets you want to pass outside probate (fast transfer) and which you want controlled by your will.
If you want nonprobate transfer for real estate, prepare and record a proper TOD (beneficiary) deed in the county where the property is located.
Contact your bank and financial institutions to add or verify POD/TOD beneficiary designations on accounts. Update beneficiary designations on retirement and insurance plans.
Coordinate documents so beneficiary designations and deed beneficiaries match your overall plan (to avoid unintended conflicts).
Consider seeing a Kansas estate planning attorney to ensure deeds and beneficiary forms comply with state law and are recorded or filed correctly.

Helpful Hints

Do not assume a will controls assets titled jointly or with POD/TOD designations — those transfer outside probate.
Recording a TOD deed is usually required for Kansas real estate; an unrecorded deed may be ineffective.
Beneficiary forms on accounts often override what’s in your will — keep these forms up to date.
Small or straightforward estates may still benefit from nonprobate transfers to save time and cost.
If you change your mind, properly revoke or replace TOD/POD designations and record revocations when required.
When in doubt, consult a Kansas attorney experienced in estate planning to avoid mistakes that could frustrate your wishes.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws and procedures vary and change. For advice tailored to your situation in Kansas, consult a licensed Kansas attorney.