For most Butler County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Butler County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Butler County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Butler County property passes through the District Court — even simple Kansas probates run 6+ months and start with $132 in filing fees. Kansas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Butler County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a Kansas transfer on death deed is signed with notary acknowledgmentK.S.A. 59-3501 to 59-3507Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathK.S.A. 59-3501 to 59-3507Verified Aug 24, 2026View source.
Deeds and other real property documents for Butler County are recorded with the Register of Deeds, led by Jacque Roberts, at 205 W. Central Ave., 1st Floor (Butler County Historic Courthouse), El Dorado, KS 67042. Phone: 316-322-4113. Hours: Mon-Fri 8:00 AM - 5:00 PM.
The Register of Deeds charges $21 for the first page plus $17 for each additional page. Recording a 2-page transfer on death deed in Butler County comes to $38. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Butler County · Jacque Roberts
Address
Phone
Hours
Recording fees
| Base fee (first page) | $21 |
| Each additional page | $17 |
| Transfer tax on a TOD deed | Exempt |
K.S.A. 28-115(a)(5), (b), (i)
Verified September 4, 2026 · Source
FirmWichita, KS
A member of Meritas, an elite global alliance of independent law firms. Provides estate planning, wills, trusts, probate, business law, and real estate services from offices in Wichita and El Dorado.
PracticesEstate PlanningBusiness SuccessionProbate AdministrationWills Trusts
Solo PracticeDerby, KS
Serves Derby, Wichita, and surrounding Sedgwick and Butler county families, meeting in person or virtually. Concentrates on elder law and Medicaid planning — protecting assets ahead of long-term care, qualifying clients for Medicaid, and setting up special needs and asset-protection trusts alongside wills and powers of attorney. Offers a free initial consultation.
PracticesEstate PlanningSpecial Needs PlanningAsset ProtectionMedicaid Planningand 2 more
FirmEl Dorado, KS
The oldest law firm in Butler County, established in 1939. Over 80 years of combined attorney experience serving El Dorado and surrounding communities with estate planning, probate, and trust services.
PracticesEstate PlanningTrust AdministrationBusiness SuccessionProbate AdministrationWills Trusts
FirmWichita, KS
Wichita-based regional firm (est. 1951) representing executors, trustees, and beneficiaries in Sedgwick County probate court and across Kansas and Missouri, with offices in Wichita, Overland Park, El Dorado, and Kansas City. Handles estate administration from filing through distribution, probate litigation and will contests, trust disputes, and guardianship and conservatorship matters.
PracticesEstate PlanningTrust AdministrationTax PlanningProbate AdministrationWills Trusts
FirmGarden City, KS
Devoted exclusively to estate planning, agricultural and business planning. Serves Kansas from offices in Manhattan, Garden City, Hugoton, Elkhart, Overland Park, Hutchinson, and Norton. Specializes in wills, revocable and irrevocable trusts, farm succession, charitable planning, and asset protection. Licensed in KS, MO, OK, TX, CO, and ND.
PracticesEstate PlanningTrust AdministrationElder LawAsset Protectionand 5 more
FirmWichita, KS
Founded in 1919 and the largest Kansas-based law firm, Foulston Siefkin runs an estate planning and probate group from its Wichita, Topeka, and Overland Park offices, serving clients statewide. Attorneys administer estates and trusts through probate, handle incapacity and tax-minimization planning, plan farm and business succession, and litigate trust and estate disputes.
PracticesEstate PlanningTrust AdministrationTrust LitigationElder Lawand 6 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Kansas statutes and official state code. How we research.
Estate planning articles for Kansas.
Forms and tools for property owners in Butler County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Kansas.
