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 Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathK.S.A. 59-3501 to 59-3507Verified Oct 18, 2026View source.
Deeds and other real property documents for Butler County are recorded with the Register of Deeds at 205 West Central Avenue, 1st Floor, Butler County Historic Courthouse, El Dorado, KS 67042. Phone: 1-316-322-4113. Hours: Monday-Friday 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. No transfer tax applies to a transfer on death deed.
Recording Office Record
Butler County
Phone
Hours
Office
Fees
Recording fees
| Base fee (first page) | $21 |
| Each additional page | $17 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
K.S.A. 28-115(a)(5), (b), (i)
Verified October 16, 2026 · Source
FirmEl Dorado, KS
El Dorado firm established in 1939, the oldest law firm in Butler County, serving clients in and around El Dorado, Rosalia and Towanda. Handles probate and trust and estate planning beside its banking, business, real estate, oil and gas and litigation work. Brothers Ray L. and Tim Connell practice together, with Tim Connell listing probate among his practice areas.
PracticesEstate PlanningProbate
FirmNewton, KS
Newton firm on North Main serving Harvey County and nine other Kansas counties; attorney Bradley D. Jantz was admitted to the Kansas bar in 1985. Represents executors and beneficiaries in probate and assists trustees with trust administration, and handles guardianships, conservatorships, Medicaid planning and farm and family business succession. Offers in-person and remote services.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 8 more
FirmWichita, KS
Wichita firm founded in 1951, with estate administration attorneys in its Wichita and Overland Park offices. Takes estates through probate court from filing to distribution, guides successor trustees, prepares fiduciary income, estate and gift tax returns, and represents trustees and beneficiaries in trust and probate disputes. Also handles adult guardianships and conservatorships.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more
FirmWichita, KS
Wichita firm in Old Town, formed more than 50 years ago by Robert Minter, serving Sedgwick, Butler, Cowley, Harvey and Sumner counties. Creath Pollak, Josh Pollak and Daniel Cramer handle probate and trust administration from the petition through creditor notice, inventory and distribution, and prepare wills and trusts on a flat fee. Consultations are free for estate planning and probate matters.
PracticesEstate PlanningTrust AdministrationProbateWills Trusts
FirmTopeka, KS
Patton & Patton prepares wills, trusts, powers of attorney, living wills and guardianship designations from its Topeka and Lenexa offices, and meets Wichita clients by appointment. Attorney Mike Patton handles estate planning, and the firm guides families through probate after a death, with a free consultation for probate matters. It also handles personal injury and workers compensation.
PracticesEstate PlanningProbateWills Trusts
FirmWichita, KS
Adams Jones handles estate planning and probate from its Wichita office and a satellite office in El Dorado, and its attorneys appear in court throughout Kansas. The estates group prepares wills, trusts, special needs trusts and transfer-on-death documents and federal estate and gift tax returns. Founded in 1939, the firm is the Kansas member of the Meritas alliance.
PracticesEstate PlanningProbateTax PlanningSpecial Needs Planningand 2 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.
Free forms for planning your estate in Kansas: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Kansas.
In Kansas, a will is signed before 2K.S.A. § 59-606Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyK.S.A. § 59-606Verified Oct 18, 2026View source.
In Kansas, a codicil is signed before 2K.S.A. § 59-606Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyK.S.A. § 59-606Verified Oct 25, 2026View source.
Kansas allows a choice for a healthcare power of attorney: 2K.S.A. 58-632Verified Oct 15, 2026View source witnesses or a notary.
In Kansas, a HIPAA release names who may receive your records and, as the state requires, names mental health recordsK.S.A. 65-5602(a)Verified Jun 19, 2026View source expressly before a provider releases it.
Kansas requires explicit durability language for a power of attorney to survive incapacityK.S.A. §§ 58-650 through 58-665Verified Oct 21, 2026View source, and it is signed before a notaryK.S.A. §§ 58-650 through 58-665Verified Oct 21, 2026View source.
In Kansas, a transfer on death deed is signed before a notaryK.S.A. 59-3501 to 59-3507Verified Oct 18, 2026View source, then recorded with the county before the owner's deathK.S.A. 59-3501 to 59-3507Verified Oct 18, 2026View source. Kansas does not recognize a Lady Bird deed.
Kansas allows a transfer-on-death beneficiary designation on a vehicle titleK.S.A. 59-3508 et seq. (see also K.S.A. 8-135(c)(10))Verified Oct 21, 2026View source, filed through the Kansas Department of Revenue, Division of Vehicles (issues the certificate of title); applications are made at the local county treasurer's motor vehicle office using Form TR-212a.
In Kansas, the living will is the DeclarationK.S.A. 65-28,101 to 65-28,109 (natural death act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Free tools for planning your estate in Kansas: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Kansas and read its answer.
In Kansas, a will is signed before 2K.S.A. § 59-606Verified Oct 18, 2026View source witnesses, and notarization is not requiredK.S.A. § 59-606Verified Oct 18, 2026View source.
Kansas recognizes a will signed under the law of the place where it was signedK.S.A. § 59-609Verified Oct 18, 2026View source; a will signed in Kansas itself needs 2K.S.A. § 59-606Verified Oct 18, 2026View source witnesses, and notarization is not requiredK.S.A. § 59-606Verified Oct 18, 2026View source.
In Kansas, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Kansas runs $3,310Estimate: 10 hours at $331, Clio's Kansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,965Estimate: 15 hours at $331, Clio's Kansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Kansas runs $978Estimate: 3 hours at $326, Clio's Kansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,956Estimate: 6 hours at $326, Clio's Kansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $25,212K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage)Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Kansas, a parent names a guardian for a minor child in a will or a separate signed writingK.S.A. 59-30,133(b); see also 59-30,128, 59-30,130Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18K.S.A. 38-101Verified Sep 15, 2026View source.
Probate in Kansas takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for Kansas.
Estate planning articles for Kansas.
