JOAN WAGNON, SECRETARY
DEPARTMENT OF REVENUE
DIVISION OF VEHICLES
KATHLEEN SEBELIUS, GOVERNOR
Memorandum
To
County Treasurer and staff
From:
Peggy Stalcup, Assistant Manager Titles & Registration/Dealer Licensing
Date:
October 3, 2006
Subject:
Trusts
Please find requirements for entering a vehicle into a trust, titling a trust and transferring tags on
a trust.

Trust papers are not required when putting a vehicle into the trust name.

If the trustees’ name may be arranged to allow a plate transfer. This means the first letter
typed onto the application must match the registration period of the plate to be transferred.
(Example: Doe John, Doe family trust. Both have April expiration).

If the trustees’ names do not appear on the face of the title or the trustee and the trust are not
the same name, the trust papers will be required upon reassigning the title held by the trust.

If the trustee’s names are joined by “and”, all trustees’ signatures will be required unless the
trust papers provide verbiage that the trust can “act separately’. If the trust papers grant the
ability to act separately, copies of the trust papers will need to be attached to the title
application as supporting documentation.

Reassignments by the trustees should be signed as the trust has been set up (example, John
Doe Living Trust by John Doe, Trustee’).

If the vehicle has not been transferred to the trust and the owner is deceased the title must be
put in the trusts’ name or heirs must get decedents title before the vehicle can be disposed of.
One exception can be made if the trust paper specifically lists the vehicle or any reference to
property held by the deceased. Then, the trustees will be allowed to sign off on the title.

If the trust allows a letter of testament signed by a judge appointing a executor/executrix the
application for title must be placed in the trust name before re-assignment can be completed.
DOCKING STATE OFFICE BUILDING, 915 SW HARRISON ST., TOPEKA, KS 66626-0001
Voice 785-296-3621 Fax 785-296-3852
http://www.ksrevenue.org/

Any out of state trust regulation or rule will be followed when an application for title is being
completed using another states’ title.

If the application for title involves foreign documents, it is recommended that you contact the
title sections of Titles and Registrations if you have questions as the requirements for these
types of transactions may be too numerous to outline in this training document.

If there is a lien, a lienholder’s consent will be needed to change the trust name.

Kansas law provides for the certification of a trust (form TR-81), per K.S.A. 58a-1013,
instead of furnishing a copy of the trust papers, the trustee may furnish to the Division of
Vehicles a Certification of Trust affidavit that contains the following information.
 That the trust exists
 The name of the settlor
 The name and address of the currently acting trustee
 Type of trust
 Name of any co-trustees
 Signature requirements
 The trust taxpayer identification number
A copy of the new form TR-81 will be available on our web site in the very near future.
If you have questions please call the county service section at 785-368-8384. Thanks for your
support and assistance. It is appreciated.
cc:
06-033
Carmen Alldritt, Director of Vehicles
Michael J McLin, Manager Titles & Registrations