For most Smith 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 Smith 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 Smith 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.
A transfer on death deed names a beneficiary who receives Smith 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 Smith County are recorded with the Register of Deeds, led by Stephanie Arment, at 218 S. Grant St., Suite 7, Smith Center, KS 66967. Phone: 785-282-5160. Hours: Mon-Fri 8:00 AM - 5:00 PM (closed 12:00 PM - 1:00 PM).
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 Smith County. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Smith County · Stephanie Arment
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
FirmOsborne, KS
75 years of combined legal experience serving Osborne and Smith counties from offices in both communities. Handles estate planning, probate, wills, trusts, elder law, real estate, and agricultural law.
PracticesEstate PlanningElder LawFarm Ranch 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
FirmOverland Park, KS
A small boutique firm focused on helping clients with estate planning issues. Provides comprehensive probate services to clients throughout Overland Park, Kansas, and the Kansas City Metro Area. Most services offered on a flat fee basis.
PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 6 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
FirmTopeka, KS
Patton & Patton handles wills, trusts, and probate administration from offices in Topeka, Lenexa, and Wichita, with probate matters going through Shawnee County District Court and the surrounding regions. The firm prepares estate plans with powers of attorney and health-care directives and represents families through estate administration after a death. Free consultations available.
PracticesEstate PlanningProbate AdministrationWills Trusts
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 Smith 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.
