Estate Planning for Montgomery County, Kansas Property Owners

For most Montgomery 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.

Record a TOD deedWhere to recordLocal attorneys

For a Montgomery 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 Montgomery 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.

Skipping this planning step means the District Court decides who receives the property: a simple Kansas probate takes 6+ months and opens with $132 in court filing fees. Kansas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Montgomery County

A transfer on death deed names a beneficiary who receives Montgomery 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.

Create a Kansas TOD deed →Montgomery County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Montgomery County are recorded with the Register of Deeds at 217 East Myrtle Street, 2nd Floor, Independence, KS 67301. Phone: 1-620-330-1140. Hours: Monday-Friday 8:00 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 647, Independence, KS 67301.

The Register of Deeds charges $21 for the first page plus $17 for each additional page. A 2-page transfer on death deed costs $38 to record in Montgomery County. No transfer tax applies to a transfer on death deed.

Recording Office Record

Register of Deeds

Montgomery County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

217 East Myrtle Street, 2nd Floor, Independence, KS 67301

Open in Google Maps

Mail

P.O. Box 647 Independence, KS 67301

Fax

1-620-330-1144

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Montgomery County

FirmNeodesha, KS

Depew Law Firm

Since 1953 · Serves 5 counties

A Neodesha general practice founded in 1953, with most of its clients in Wilson, Allen, Labette, Montgomery, and Neosho counties. Attorneys Doug Depew and Philip Depew handle probate and trust matters, most guardianship and conservatorship cases, and wills, trusts, and powers of attorney alongside a long-standing bankruptcy practice.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more

Office
620 Main StNeodesha, KS 66757
Virtual consultations

FirmIndependence, KS

Emert Chubb, LLC

Serves 1 county

Emert Chubb is an Independence law firm serving Montgomery County and the surrounding southeast Kansas communities, with Timothy Emert and Jeffrey Chubb as its attorneys. The firm prepares wills and trusts and handles probate alongside real estate closings, business law, family law and civil litigation.

PracticesEstate PlanningProbateWills Trusts

Office
204 East Laurel StreetIndependence, KS 67301

FirmCoffeyville, KS

Hall Levy DeVore Bell Ott & Kritz P.A.

Since 1941 · Serves 1 county

Locally owned Coffeyville firm, providing legal services since 1941 and serving Southeast Kansas, whose attorneys are Douglas G. Ott, M. Doug Bell and Paul M. Kritz. Handles probate and trust administration alongside wills, living wills, trusts, guardianships and powers of attorney. The firm offers free consultations.

PracticesEstate PlanningTrust AdministrationProbateGuardianshipand 6 more

Office
815 Union St.Coffeyville, KS 67337
Free consultation

FirmParsons, KS

Nodine Legal, LLC

Since 2012 · Serves 12 counties

Parsons firm founded in 2012 that appears in the Labette, Neosho, Montgomery, Allen, Wilson and Cherokee county courts. Guides executors through Kansas probate, from filing the will through inventories, creditor claims, court accountings and final distribution, including estates with a farm or business. Also handles wills, living trusts, Medicaid planning and guardianships.

PracticesEstate PlanningProbateElder LawConservatorshipand 4 more

Office
4301 W. MainParsons, KS 67357

FirmPittsburg, KS

The Fleming Law Firm, LLC

Serves 6 counties

Serves Southeast Kansas, including Fort Scott, Columbus, Independence, and Chanute, from offices in Pittsburg and Parsons. Handles probate administration and contested-will litigation for families settling an estate, along with trust creation and estate planning. Kyle Fleming, with an accounting background, has practiced in Pittsburg since 2000; Meghan McEvoy also practices with the firm.

PracticesEstate PlanningProbateProbate LitigationAsset ProtectionWills Trusts

Office
301 N. BroadwayPittsburg, KS 66762

FirmWichita, KS

Adams Jones Law Firm, P.A.

Since 1939 · Serves the whole state

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

Office
1635 N. Waterfront Parkway, Suite 200Wichita, KS 67206
See all 19 firms serving Montgomery County →

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.

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Legal Sources

Data sourced from Kansas statutes and official state code. How we research.

Forms for Planning Your Estate in Kansas

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.

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Last Will and Testament

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.

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Codicil to a Will

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.

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Healthcare Power of Attorney

Kansas allows a choice for a healthcare power of attorney: 2K.S.A. 58-632Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

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.

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Financial Power of Attorney

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.

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Transfer on Death Deed

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.

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Vehicle Transfer on Death

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.

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Living Will

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.

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Tools for Planning Your Estate in Kansas

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.

How Do I Sign Estate Documents?

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.

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Will My Estate Documents Transfer?

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.

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Trust or Will: Which Costs Less?

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.

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How Much Does a Revocable Living Trust Cost?

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.

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How Much Does a Will Cost?

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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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Do I Need a Revocable Trust?

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.

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