Estate Planning for Lyon County, Kansas Property Owners
For most Lyon 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 Lyon 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 Lyon 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.
Record a Transfer-on-Death Deed in Lyon County
A transfer on death deed lets an owner name a beneficiary who receives Lyon County property automatically at death, without probate. It is recorded with the Register of Deedsduring the owner’s lifetime and can be revoked any time.
Where to Record Property Documents
Deeds and other real property documents for Lyon County are recorded with the Register of Deeds at 430 Commercial St., 1st Floor, Emporia, KS 66801. Phone: 620-341-3242. Hours: Mon-Fri 8:00 AM - 5:00 PM.
Recording costs $21 base recording fee; $17 per additional page; TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons under Kansas law can change the final amount, so confirm the total with the Register of Deeds before submitting.
Lyon County accepts e-recording through Simplifile.
Recording Office Record
Register of Deeds
Lyon County · Wendy Weiss
Address
430 Commercial St., 1st FloorEmporia, KS 66801
Phone
Fax
620-341-3438
Hours
Mon-Fri 8:00 AM - 5:00 PM
E-recording
Available via SimplifileE-recording info →
Recording fees
| Base recording fee | $21 |
| Per additional page | $17 |
All-in fee of $21.00 for the first page includes base recording ($17.00), technology fee ($3.00 per K.S.A. 28-115(b)), and heritage trust fund fee ($1.00). Each additional page is $17.00 ($13.00 base + $3.00 tech + $1.00 heritage). Fees are uniform statewide. Maximum fee of $125 applies to single-family principal residence mortgages of $75,000 or less.
K.S.A. 28-115
Transfer tax
Kansas does not impose a general real estate transfer tax. The mortgage registration tax (formerly K.S.A. 79-3102) was phased out from 2015 to 2018 and fully repealed effective January 1, 2019.. Transfer-on-death deeds are generally exempt (No consideration exchanged at recording. TOD deeds are revocable instruments recorded during the owner's lifetime with no transfer of interest until death (K.S.A. 59-3501 et seq.). No transfer tax of any kind applies in Kansas.). Kansas has no transfer tax on deeds. The mortgage registration tax (K.S.A. 79-3101 et seq.) was repealed effective January 1, 2019, after a phased reduction from 2015-2018. No transfer-related tax applies to any deed recording.
Verified June 3, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the District Court — not just the house. For a Lyon County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- K.S.A. 28-115
Data sourced from Kansas statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Lyon County are recorded with the Register of Deeds at 430 Commercial St., 1st Floor, Emporia, KS 66801. Call 620-341-3242 to confirm current recording procedures.
Recording a deed in Lyon County costs $21 base recording fee; $17 per additional page; TOD deeds are generally transfer-tax exempt. Page count, required cover sheets, and any local transfer tax can change the final total.
Lyon County accepts electronic recording through Simplifile. Paper recording by mail or in person is also accepted.
The Register of Deeds is open Mon-Fri 8:00 AM - 5:00 PM. Reach the office at 620-341-3242. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in Kansas must be signed in front of a notary before the Register of Deeds will accept them. A transfer-on-death deed follows the same execution rules — see the Lyon County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the Register of Deedsduring the owner’s lifetime. Start one with the Kansas TOD deed form.
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