SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2152
As Amended by House Committee on Judiciary

Brief*
HB 2152, as amended, would amend law regarding the
effect of a transfer-on-death deed when a grantee beneficiary
dies prior to the death of the record owner. Current law
provides, in this situation, the transfer shall lapse if an
alternative grantee beneficiary has not been designated on
the deed. The bill would amend this provision to apply it only
where an alternative grantee beneficiary has not been
designated to succeed to the deceased grantee beneficiary’s
interest and to lapse the transfer only with respect to any
such deceased grantee’s beneficiary.
The bill also would add an exception to this provision
stating, when the transfer-on-death deed was not made
contingent on the grantee beneficiary surviving the record
owner, and the deceased grantee beneficiary (beneficiary)
leaves at least one then-surviving issue upon the death of the
owner when such interest would otherwise have lapsed under
the above provision, the interest would not lapse and would
vest on the record owner’s death in the then-surviving issue
of the beneficiary on a per stirpes basis as successor grantee
or grantees.
The bill would provide that any judicial proceeding
initiated by an interested party to determine the succession of
ownership of real estate of a deceased record owner
pursuant to the above provisions would be subject to the
Kansas Probate Code to determine descent.

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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would state its amendments would apply to
deeds filed of record on or after July 1, 2021.

Background
The bill was introduced by the House Committee on
Judiciary at the request of the Kansas Bar Association.

House Committee on Judiciary
In the House Committee hearing on February 4, 2021, a
representative of the Kansas Bar Association testified as a
proponent of the bill, stating the bill would clarify the
operation of the statute when there is more than one transfer-
on-death beneficiary or a deceased beneficiary has surviving
issue. No opponent or neutral testimony was provided.
On February 11, 2021, the House Committee amended
the bill to clarify language related to the transfer-on-death
deed and to change the amendment applicability date.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration indicates enactment of the bill could have a
fiscal effect on the Judicial Branch by allowing more probate
actions to be filed, which could require more time spent by
court employees and judges on such cases and result in the
collection of docket fees in such cases. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2022 Governor’s Budget Report.
Transfer-on-death deed; predeceased beneficiary


2- 2152


Statutes affected:
As introduced: 59-3504
As Amended by House Committee: 59-3504