Back to Kansas
Anderson County, KS Probate Information
Quick facts
| Item | Anderson County information |
|---|---|
| Court | Anderson County District Court, in Kansas's 4th Judicial District (K.S.A. 4-205) |
| Filing office | Clerk of the district court (K.S.A. 20-343), Anderson County Courthouse |
| Courthouse address | 100 E 4th Avenue, Garnett, KS 66032 |
| Mailing address | P.O. Box 305, Garnett, KS 66032 |
| Phone | 785-448-6886 |
| Fax | 785-448-3230 |
| Hours | Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. |
| Filing fee | $131.50, current as of August 2026, for probate of an estate or will. That is the $109.50 statutory fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs are taxed as the court directs (K.S.A. 59-104). |
| E-filing | Kansas licensed attorneys must use e-filing under Kan. Sup. Ct. Rule 122. A self-represented filer in Anderson County files in person, by mail or by fax. |
| Drop box | Anderson County is excluded from the Kansas district court drop box list. Use in person, mail or fax filing instead. |
| Case search | Kansas Courts CaseSearch is the statewide free search. Anderson County documents are online from the 4th Judicial District's Kansas eCourt start date, November 2, 2020; courthouse terminal access remains the route for older or non-online public material. |
| Local forms | Anderson County publishes no county-specific probate packet. Use the statewide Kansas Judicial Council forms, and draft any probate petition from the Kansas Probate Code requirements. |
| Remote appearance | A remote appearance may be requested by motion under Kan. Sup. Ct. Rule 103. The judge decides whether to allow it. |
| Court website | https://www.franklincoks.org/331/Anderson |
Before you begin — know the assets and liabilities
Before you file in Anderson County, make a practical asset list first: bank accounts, vehicles, real estate, debts, beneficiary designations, joint ownership and any transfer-on-death deed under K.S.A. 59-3501. That determines whether the estate settlement needs a court case, a small estates affidavit under K.S.A. 59-1507b, or another Kansas route.
Sunset's 2,300-institution asset discovery helps families find accounts and assets before choosing the Anderson County filing path. Starting with the asset picture also helps you avoid paying for a full estate settlement when a narrower Kansas procedure fits.
Which court handles jurisdiction
File Anderson County probate papers with the clerk of the district court (K.S.A. 20-343) at the Anderson County Courthouse in Garnett. Anderson County is in Kansas's 4th Judicial District (K.S.A. 4-205), along with Coffey, Franklin and Osage counties, but each county has its own clerk and filing counter.
Venue depends on the Kansas probate venue rule (K.S.A. 59-2203). If the decedent was a Kansas resident and owned real property in the county of residence, file in that county. If the decedent was a Kansas resident but did not own real property in the county of residence, the case may be filed in the county of residence or in any Kansas county where the decedent owned real property. If the decedent was not a Kansas resident, file in a Kansas county where estate property is to be administered. If competing proceedings are started in more than one county, the first-filed case controls while venue is sorted out, and a case filed in the wrong county can be transferred.
The jurisdiction process
- Find the will, death certificate, asset list and debt list. If there is a will, act early because a will of a Kansas resident cannot pass property unless a petition to probate it is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617).
- If the family is not ready to open an estate, ask whether filing a will and affidavit under K.S.A. 59-618a can preserve the will within the six months required by K.S.A. 59-617. That filing may use the original will or a copy.
- Choose the Kansas path before drafting. Options may include the small estates affidavit for qualifying personal property under K.S.A. 59-1507b, refusal to grant letters under K.S.A. 59-2287, determination of descent under K.S.A. 59-2250, informal administration under K.S.A. 59-3301, or simplified administration or supervised administration after the court applies K.S.A. 59-3202.
- Prepare the petition if a court case is needed. A petition for administration or probate of a will is built from the statutory requirements in K.S.A. 59-2219 or K.S.A. 59-2220. If you want simplified administration, ask for it and give reasons so the court can decide under K.S.A. 59-3202.
- Add the statewide case filing cover sheet. If you are representing yourself, add the Self-Represented Litigant Certification Form. If you cannot afford the filing fee, ask about the Poverty Affidavit under K.S.A. 59-104.
- File with the clerk of the district court (K.S.A. 20-343) in Garnett. Anderson County self-represented filing is in person, by mail to P.O. Box 305, Garnett, KS 66032, or by fax to 785-448-3230. Do not plan on a courthouse drop box in Anderson County.
- Pay the $131.50 filing fee, current as of August 2026, for probate of an estate or will, unless the court allows a Poverty Affidavit. The $131.50 total is tied to K.S.A. 59-104.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). If you want a remote appearance, file a motion under Kan. Sup. Ct. Rule 103 and notify the other parties.
- Give notice as ordered. When K.S.A. 59-2209 applies, notice is published once a week for three consecutive weeks and mailed with the required papers. Notice to creditors is handled under K.S.A. 59-709, and the creditor bar is the later of four months from first publication or 30 days after actual notice for a known or reasonably ascertainable creditor (K.S.A. 59-2239).
- Attend the hearing. The court, not the clerk, admits the will and grants letters testamentary to an executor under K.S.A. 59-701 or letters of administration to an administrator under K.S.A. 59-705.
- Administer the estate after letters are granted. File the inventory and valuation within 30 days after the letters unless the court gives more time (K.S.A. 59-1201), handle claims, pay approved debts and taxes, and keep records for final settlement.
- Close the case by petitioning for final settlement and asking the court for the final decree assigning the estate (K.S.A. 59-2247; K.S.A. 59-2249). If real estate is assigned, the decree affects the county clerk's transfer record under K.S.A. 59-2249.
Forms and documents
Probate forms in Anderson County
Anderson County does not publish a county-specific probate packet, local probate cover sheet or local probate checklist. The 4th Judicial District local rules list no local probate rule for the district, which includes Anderson County.
Use the free Kansas Judicial Council forms that apply statewide, including the Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, the case filing cover sheet, the Poverty Affidavit under K.S.A. 59-104, the Rule 119 fax transmission sheet and the Motion to Appear in Court by Phone or Video for a remote appearance request under Kan. Sup. Ct. Rule 103. Kansas does not provide a statewide fill-in petition that opens a probate estate, so that petition is drafted from K.S.A. 59-2219 or K.S.A. 59-2220.
Local nuance
Anderson County-specific considerations
| Local point | What it means in Anderson County |
|---|---|
| Drop box exception | Anderson County is one of the Kansas counties excluded from the district court drop box list. A self-represented filer should use the clerk's office in person, mail or fax channels instead. |
| Lunch closure | The clerk's office is open 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., so do not plan a noon filing trip. |
| Local probate rules | The 4th Judicial District local rules list no local probate rule for Anderson County. |
| Judges in Garnett | A district judge and a district magistrate judge can sit in Kansas probate matters, and district magistrate judge authority in probate is recognized by K.S.A. 20-302b. Anderson County's published local page lists a magistrate day on Tuesday, but it does not state that probate hearings are set that day. |
| Case documents online | The 4th Judicial District, including Anderson County, joined Kansas eCourt on November 2, 2020. CaseSearch can show statewide case information, while online documents depend on that eCourt date and public access rules. |
Recent updates
| Change | What changed |
|---|---|
| 2026 court fee surcharge | The $22 surcharge, current as of August 2026, is authorized through June 30, 2030 under K.S.A. 59-104. A probate estate filing is $131.50, current as of August 2026, under K.S.A. 59-104. |
| 2026 nonresident fiduciary agent rule | A nonresident fiduciary's Kansas resident agent may reside anywhere in Kansas, with written appointment and acceptance filed in the district court (K.S.A. 59-1706). |
| 2024 creditor notice timing | The notice to creditors publication window is 30 days after filing under K.S.A. 59-709. |
| Small estates affidavit amount | The small estates affidavit amount is $75,000, current as of August 2026, under K.S.A. 59-1507b, with the current amount effective July 1, 2023 under K.S.A. 59-1507b. |
| CaseSearch | Kansas Courts CaseSearch is the statewide search used for Anderson County district court case information. |
Scenarios
| Situation | Likely Anderson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming title. A joint tenancy issue may require a separate Kansas filing under K.S.A. 59-104 rather than a full estate case. If a probate case is needed, the spouse should also watch for the elective share notice duty and any homestead allowance under K.S.A. 59-6a215. | Sunset helps identify the deed, mortgage, accounts and beneficiary designations before the family decides whether Anderson County probate is needed. |
| Out-of-state adult child with a small estate | If probate assets are $75,000, current as of August 2026, or less and only personal property needs transfer, the small estates affidavit under K.S.A. 59-1507b may be used with the holder of the property rather than filed with the court. If letters are needed, a nonresident fiduciary can serve after appointing a Kansas resident agent under K.S.A. 59-706 and K.S.A. 59-1706, and may request remote appearance under Kan. Sup. Ct. Rule 103. | Sunset helps locate accounts, prepare the estate settlement checklist and connect the family with local counsel if an Anderson County filing is needed. |
| Parent settling a predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not transfer the house. Ask whether refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301, or simplified administration under K.S.A. 59-3202 fits. If there is a will, the six months rule under K.S.A. 59-617 must be addressed early. | Sunset helps build the asset picture, generate the starting probate packet and find an Anderson County probate attorney for the real estate sale path. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Anderson County District Court Self-Help Center | Room access for paper court forms, a computer, a printer and community resource guides. The center is not staffed, so it is not a place to get legal advice. | Anderson County Courthouse, 100 E 4th Avenue, Garnett. Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m. |
| Kansas Judicial Branch self-help probate page | Statewide probate and elder law information, including links to forms and general explanations. | https://self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms, including the Small Estates Affidavit under K.S.A. 59-1507b, case filing cover sheets, the Self-Represented Litigant Certification Form, the Poverty Affidavit under K.S.A. 59-104 and the Motion to Appear in Court by Phone or Video for a remote appearance request under Kan. Sup. Ct. Rule 103. | https://www.kjc.ks.gov/legal-forms |
| Kansas Legal Services | Free and reduced-cost civil legal help for eligible Kansans, subject to intake and case priorities. | 316-267-3975, 8:00 a.m. to 4:30 p.m., Monday through Friday |
| Kansas Elder Hotline | Legal advice line through Kansas Legal Services for Kansas residents age 60 or older. | 316-267-3975 |
| Kansas Bar Association lawyer referral | Referral route for finding a Kansas attorney. | https://www.ksbar.org/?pg=clientreferrals |
When to hire an attorney
Consider a Kansas probate attorney if the Anderson County estate includes real estate, a contested will, creditor disputes, a nonresident fiduciary, a missed six months will issue under K.S.A. 59-617, a request for refusal to grant letters under K.S.A. 59-2287, or a choice between informal administration under K.S.A. 59-3301 and simplified administration under K.S.A. 59-3202. Kansas compensation for the personal representative and attorney must be just and reasonable under K.S.A. 59-1717, not a fixed percentage. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify accounts, insurance, retirement assets and debts before they choose an Anderson County estate settlement path.
Generate the probate packet. Sunset turns the asset information into an organized starting packet for the Kansas probate route that fits, including Anderson County filing details and the statewide forms that apply.
Find a local probate attorney. When a lawyer is the practical next step, Sunset connects families with vetted Kansas probate counsel familiar with district court filings.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps and decide whether attorney help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Anderson County, Kansas?
File with the clerk of the district court (K.S.A. 20-343) at the Anderson County Courthouse, 100 E 4th Avenue, Garnett, KS 66032. Mail filings go to P.O. Box 305, Garnett, KS 66032.
Does Anderson County have a courthouse drop box for probate filings?
Anderson County is excluded from the Kansas district court drop box list. A self-represented filer should use in person, mail or fax filing with the clerk of the district court (K.S.A. 20-343) instead.
Can I e-file a probate case in Anderson County if I am handling it myself?
Kansas licensed attorneys must use e-filing under Kan. Sup. Ct. Rule 122. A self-represented person in Anderson County files in person, by mail or by fax rather than using the attorney e-filing system under Kan. Sup. Ct. Rule 122.
What is the filing fee to open an Anderson County probate estate?
The filing fee is $131.50, current as of August 2026, for probate of an estate or will under K.S.A. 59-104. That total includes the $109.50 statutory fee and the $22 surcharge, current as of August 2026, authorized through June 30, 2030 under K.S.A. 59-104.
Is there a deadline to probate a will in Anderson County?
Yes. A will of a Kansas resident cannot pass property unless a petition for probate is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). If you are not ready to open the estate, ask quickly about filing a will and affidavit under K.S.A. 59-618a within the six months required by K.S.A. 59-617.
Can I appear by phone or video for an Anderson County probate hearing?
You can ask. A remote appearance is discretionary under Kan. Sup. Ct. Rule 103, and the Kansas Judicial Council publishes a motion form for asking to appear by phone or video. The judge can allow or deny the remote appearance under Kan. Sup. Ct. Rule 103.
How do I look up an Anderson County probate case?
Use Kansas Courts CaseSearch. Anderson County is part of the 4th Judicial District, which joined Kansas eCourt on November 2, 2020, so online documents depend on that date and public access rules. Older material or non-online public material can be checked at the courthouse terminal.
Does Anderson County have local probate forms?
Anderson County does not publish a county-specific probate packet. Use the statewide Kansas Judicial Council forms where they apply, including the Small Estates Affidavit under K.S.A. 59-1507b, the case filing cover sheet, the Self-Represented Litigant Certification Form and the Poverty Affidavit under K.S.A. 59-104.
Do I have to travel to Garnett if I live out of state?
Not always, but do not assume travel can be avoided. A nonresident fiduciary may serve if the Kansas resident agent requirements are met under K.S.A. 59-706 and K.S.A. 59-1706. For hearings, ask for a remote appearance under Kan. Sup. Ct. Rule 103 and confirm the judge's instructions.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.