For most Marion 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 Marion 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 Marion 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, Marion 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 Marion 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 Marion County are recorded with the Register of Deeds, led by Shelby Schroeder, at 200 S. 3rd St., Suite 105, Marion, KS 66861. Phone: 620-382-2151. 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 Marion County comes to $38. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Marion County · Shelby Schroeder
Address
Phone
Fax
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
FirmNewton, KS
Bradley Jantz has practiced law since 1985, serving Harvey County and a broad south-central Kansas region. Former Mayor of Newton and former Municipal Court Judge. Handles estate planning, probate, elder law, agricultural law, and mediation.
PracticesEstate PlanningElder LawBusiness SuccessionFarm Ranch PlanningProbate Administration
FirmMcPherson, KS
A general practice law firm established in 1974, serving the entire state of Kansas with offices in McPherson, Marion, and Lindsborg. Over 50 years of experience in estate planning, wills, trusts, corporate law, and real estate.
PracticesEstate PlanningBusiness SuccessionProbate AdministrationWills Trusts
Solo PracticeEmporia, KS
Serving rural Kansas communities with estate planning, wills, trusts, elder law, and agricultural law. Offers flexible in-person, phone, and video consultations across Lyon, Geary, Marion, and Greenwood counties.
PracticesEstate PlanningElder LawBusiness SuccessionFarm Ranch PlanningWills 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
FirmGarden City, KS
A multi-office regional firm founded in 1961, providing trust and estate planning, probate, business transactions, and farm and ranch law services across Western Kansas with offices in Garden City, Dodge City, Hays, Salina, and Overland Park.
PracticesEstate PlanningTrust AdministrationBusiness SuccessionFarm Ranch 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.
Estate planning articles for Kansas.
Forms and tools for property owners in Marion 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.
