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Atchison County, KS Probate Information
Quick facts
| Item | Atchison County details |
|---|---|
| Court | Atchison County District Court |
| Courthouse address | Atchison County Courthouse, 423 N 5th Street, Atchison, KS 66002 |
| Mailing address | P.O. Box 408, Atchison, KS 66002 |
| Phone | 913-804-6060 |
| Fax | 913-367-1171 |
| Hours | Specific clerk hours are not posted for Atchison County. Call 913-804-6060 before a filing trip. |
| Filing fee | A probate estate filing is $131.50 as of August 2026, made up of the $109.50 statutory fee and the $22 surcharge under K.S.A. 59-104. Other court costs are billed as the court directs under K.S.A. 59-104(d). |
| Local forms | No Atchison County probate form or checklist is posted. Use statewide Kansas Judicial Council forms where available. |
| E-filing | Kansas-licensed attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses the clerk's counter, mail, fax or the courthouse drop box. |
| Case search | Kansas Courts CaseSearch at casesearch.kscourts.gov. Atchison County joined Kansas eCourt on September 12, 2022, so documents filed from that date forward may be available online, while the courthouse terminal remains the place for the full public file. |
| Remote appearance | A phone or video appearance is discretionary under Rule 103 (Kan. Sup. Ct. R. 103). Use the Kansas Judicial Council motion form and ask the clerk how the judge handles the request. |
| Website | atchisoncountyks.org/7/District-Court |
Before you begin — know the assets and liabilities
Before you file anything in Atchison County, list the assets, debts, titles and beneficiary designations. Kansas procedure turns on what is actually subject to probate, whether a will exists, whether real estate is involved and whether the will must be preserved before the K.S.A. 59-617 deadline.
Sunset can help organize estate settlement work before the petition is drafted. Sunset's 2,300-institution asset discovery helps families find accounts, insurance, benefits and other property that may affect the Atchison County filing path.
Which court handles jurisdiction
Atchison County probate is handled at one courthouse, the Atchison County Courthouse at 423 N 5th Street in Atchison. The mailing address is P.O. Box 408, Atchison, KS 66002. Atchison County is part of Kansas's 1st Judicial District with Leavenworth County (K.S.A. 4-202), but each county has its own clerk of the district court under K.S.A. 20-343, so an Atchison County case is filed in Atchison.
Venue in Kansas depends on residence and real property. If the decedent was a Kansas resident and owned real property in the county of residence, the case belongs in that county. If the resident decedent 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, the case may be filed in any Kansas county where estate property must be administered. The first properly started case controls, and a case filed in the wrong county is transferred to the proper county (K.S.A. 59-2203).
The jurisdiction process
- Find the death certificate, the will if one exists and a first list of assets and debts. If the decedent was a Kansas resident, a petition to probate the will must be filed within six months of death or the will may not pass property, unless a savings rule applies (K.S.A. 59-617).
- If the family is not ready to open a full estate but needs to preserve a will, ask about filing a will and affidavit under K.S.A. 59-618a. Kansas allows the will or a copy to be filed for that purpose.
- Choose the Kansas path that fits the assets. Options may include a small estates affidavit under K.S.A. 59-1507b, furnished to the holder of personal property, 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 under K.S.A. 59-3202.
- Prepare the petition from the Kansas Probate Code requirements. If you want simplified administration, the petition must ask for it and give reasons for the request 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 pay the filing fee, ask about the Poverty Affidavit under K.S.A. 59-104.
- File with the Atchison County clerk of the district court under K.S.A. 20-343 at 423 N 5th Street, by mail to P.O. Box 408, by fax to 913-367-1171, or in the courthouse drop box by 4:00 p.m. local time. For a probate estate, pay the $131.50 docket fee as of August 2026 under K.S.A. 59-104 unless the court approves a fee waiver.
- The court fixes the hearing after the petition is filed. The court, not the clerk, admits the will and grants letters testamentary under K.S.A. 59-701 or letters of administration under K.S.A. 59-705 after the hearing process required by K.S.A. 59-2222.
- Give hearing notice as ordered. When K.S.A. 59-2209 applies, notice is published once a week for three consecutive weeks, mailed to required people within 7 days after first publication, and the hearing date must fall in the statutory window after the last publication.
- Handle creditor notice. The petitioner gives notice to creditors under K.S.A. 59-709, and claims are governed by the later of four months from first publication or 30 days after actual notice to a known or reasonably ascertainable creditor under K.S.A. 59-2239.
- After letters are granted, file the inventory and valuation within 30 days unless the court allows more time (K.S.A. 59-1201). Then collect assets, address claims, pay taxes and prepare the petition for final settlement and final decree under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Atchison County
Atchison County does not post a county probate packet, local probate cover sheet or probate checklist. Use the statewide Kansas Judicial Council forms where they exist, including the Small Estates Affidavit under K.S.A. 59-1507b, the case filing cover sheet, 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 under Rule 103 (Kan. Sup. Ct. R. 103).
Kansas does not publish a fill-in petition for opening a probate estate. Petitions are drafted from the Kansas Probate Code requirements, including K.S.A. 59-2219 for administration and K.S.A. 59-2220 for probate of a will, or with help from a lawyer.
Fees
The Atchison County District Court posts local record charges for district court records, including probate records dating to 1855. As posted in August 2026, copies are $.25 per page, certifications are $1.00 each and research time is $12.00 per hour. These are copy, certification and research charges, not the cost to open a new estate.
The filing fee to open a probate estate remains the statewide $131.50 as of August 2026 under K.S.A. 59-104. Call the clerk at 913-804-6060 to confirm current copy, certification and research charges before ordering records.
Local nuance
Atchison County-specific considerations
| Local point | Why it matters |
|---|---|
| Two-county district, one Atchison filing counter | Atchison County shares Kansas's 1st Judicial District with Leavenworth County (K.S.A. 4-202), but Atchison County filings stay with the Atchison County clerk of the district court under K.S.A. 20-343. |
| Old probate records at the district court | The district court lists probate records dating to 1855. As posted in August 2026, record copies are $.25 per page, certifications are $1.00 each and research is $12.00 per hour. |
| No listed District Court Self-Help Center | The Kansas Judicial Branch directory does not list an Atchison County District Court Self-Help Center. Use the clerk's office for filing logistics, the Kansas Judicial Council forms and statewide legal-help resources. |
Recent updates
| Update | What changed |
|---|---|
| Kansas Courts CaseSearch | Kansas Courts CaseSearch replaced the former statewide case-search tool in November 2025. Atchison County joined Kansas eCourt on September 12, 2022, so online documents may begin with filings from that date. |
| Probate filing surcharge | The $22 surcharge authority under K.S.A. 59-104 was extended through June 30, 2030 by 2026 HB 2393, approved April 3, 2026. |
| Nonresident fiduciary agent rule | For a nonresident fiduciary, the required resident agent may live anywhere in Kansas under K.S.A. 59-1706, as amended by 2026 SB 480, approved April 9, 2026. |
| Creditor publication timing | The period for publishing notice to creditors changed to 30 days after filing under K.S.A. 59-709, effective July 1, 2024. |
| Small estates affidavit amount | The Small Estates Affidavit amount is $75,000 under K.S.A. 59-1507b, effective July 1, 2023. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Atchison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying how the home is titled. A termination of joint tenancy may be separate from estate administration, while a surviving spouse may also need to track the elective-share notice, the homestead allowance under K.S.A. 59-6a215 and the family allowance under K.S.A. 59-403. File any needed Atchison County probate petition at the courthouse in Atchison. | Sunset helps collect title, account and debt information so the spouse and attorney can decide what belongs in the estate settlement plan. |
| Out-of-state adult child w/ small estate | If the probate assets are $75,000 or less under K.S.A. 59-1507b, effective July 1, 2023, and only personal property needs to be collected, the Kansas Small Estates Affidavit may avoid an Atchison County estate case. If letters are needed, a nonresident fiduciary can serve after appointing a Kansas resident agent under K.S.A. 59-1706, and can ask for a phone or video appearance under Rule 103 (Kan. Sup. Ct. R. 103). | Sunset helps locate accounts, generate a document checklist and connect the family with Kansas counsel if letters or a court order are needed. |
| Parent settling predeceased child's estate, home must be sold | A small estates affidavit under K.S.A. 59-1507b will not transfer the home. 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, protect the six-month deadline under K.S.A. 59-617. | Sunset helps organize the assets, debts and real estate information so the lawyer can choose the right Atchison County filing. |
Self-help resources
| Resource | How it helps |
|---|---|
| Atchison County clerk of the district court | Receives filings at 423 N 5th Street, Atchison, KS 66002, by mail at P.O. Box 408, Atchison, KS 66002 and by fax at 913-367-1171. Phone: 913-804-6060. Staff can answer filing-logistics questions, but cannot choose a legal path or complete forms for you. |
| Kansas Judicial Branch self-help, probate and elder law | Statewide probate information, glossary and links to forms. Use self-help.kscourts.gov/ProbateAndElderLaw. |
| Kansas Judicial Council forms | Free statewide forms include 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 under Rule 103 (Kan. Sup. Ct. R. 103). |
| Kansas Legal Services | Call 316-267-3975 from Monday to Friday, 8:00 a.m. to 4:30 p.m. Online applications are available from Monday 8:00 a.m. to Thursday 4:30 p.m. Help depends on eligibility and case priorities. |
| Kansas Elder Hotline | Kansas residents age 60 or older may call 316-267-3975 for the Kansas Elder Hotline. |
| Kansas Bar Association Lawyer Referral Service | Use ksbar.org/?pg=clientreferrals to look for a private attorney referral. |
| Kansas Courts CaseSearch | Use casesearch.kscourts.gov to search public district court case information. For Atchison County, documents online may begin with cases in Kansas eCourt from September 12, 2022. |
When to hire an attorney
Counsel makes sense when a will deadline is close, real estate must be sold, heirs disagree, creditors are active, a nonresident fiduciary needs a Kansas resident agent under K.S.A. 59-1706, or the family is choosing among refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301 and simplified administration under K.S.A. 59-3202. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search for bank accounts, investments, insurance, benefits and other property so the Atchison County estate settlement starts with a clearer asset list.
Generate the probate packet. Sunset organizes the information needed for the Kansas forms and attorney-drafted petition, including the Atchison County filing address, mailing address and fax number.
Find a local probate attorney. When the estate needs letters, a real estate order, a resident agent or a court hearing, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand next steps and prepare for the Atchison County filing without paying Sunset.
Frequently asked questions
Where do I file probate in Atchison County?
File with the Atchison County clerk of the district court under K.S.A. 20-343 at the Atchison County Courthouse, 423 N 5th Street, Atchison, KS 66002. Mail filings to P.O. Box 408, Atchison, KS 66002, or fax filings to 913-367-1171.
Does an Atchison County case go to Leavenworth because they share the 1st Judicial District?
No. Atchison and Leavenworth counties share Kansas's 1st Judicial District (K.S.A. 4-202), but each county has its own clerk of the district court under K.S.A. 20-343. Atchison County estate settlement filings stay in Atchison.
Can I e-file an Atchison County probate case without a lawyer?
Kansas-licensed attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer in Atchison County files at the counter, by mail, by fax or through the courthouse drop box.
What is the filing fee to open an Atchison County probate estate?
The probate estate docket fee is $131.50 as of August 2026 under K.S.A. 59-104. That is separate from later costs such as publication, attorney fees, fiduciary fees and record-copy charges.
Are Atchison County probate forms posted online?
No local Atchison County probate packet is posted. Kansas statewide forms include the Small Estates Affidavit under K.S.A. 59-1507b, case filing cover sheets, the Self-Represented Litigant Certification Form and the Poverty Affidavit under K.S.A. 59-104, but the petition to open an estate is usually drafted from the statute or by counsel.
How do I look up an Atchison County probate case?
Use Kansas Courts CaseSearch at casesearch.kscourts.gov. Atchison County joined Kansas eCourt on September 12, 2022, so documents filed from that date forward may be online, while the courthouse terminal remains the place to view the full public file.
Can I ask to appear by phone or video in Atchison County?
Yes, you can ask. A remote appearance is discretionary under Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council publishes a Motion to Appear in Court by Phone or Video. The judge can grant or deny the request.
What if the will is close to the Kansas deadline?
Act quickly. A will of a Kansas resident generally must be petitioned for probate within six months of death to pass property (K.S.A. 59-617). If the family is not ready for full administration, ask about filing a will and affidavit under K.S.A. 59-618a.
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.