Back to Kansas
Bourbon County, KS Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Bourbon County District Court |
| Courthouse address | Bourbon County Courthouse, 210 S National Ave., Fort Scott, KS 66701 |
| Mailing address | P.O. Box 868, Fort Scott, KS 66701 |
| Phone | 620-223-0780 |
| Fax | 620-223-5303 |
| Hours | Call 620-223-0780 before visiting. The public listing for the Bourbon County District Court does not state clerk office hours or any midday closure. |
| Filing fee | A probate estate filing is $131.50 as of August 2026, a $109.50 statutory docket fee plus the $22 surcharge (K.S.A. 59-104). Other court costs may be taxed as the court directs (K.S.A. 59-104). |
| Local forms | No Bourbon County probate packet is posted. Use the statewide Kansas Judicial Council forms where available. |
| E-filing | Kansas licensed attorneys must e-file under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses in-person filing, mail, fax or the courthouse drop box. |
| Case search | Kansas Courts CaseSearch at https://casesearch.kscourts.gov. Bourbon County joined Kansas eCourt on November 2, 2020, so online documents are available from that date forward when public access rules allow. |
| Remote appearance | A phone or video appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Use the Judicial Council motion form and ask the clerk how the judge wants the request submitted. |
| Self-help center | Bourbon County has a staffed District Court Self-Help Center on weekdays, 9:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m. |
| Website | https://www.kscourts.gov/6th-Judicial-District/6th-Judicial-District/Bourbon-County-Courthouse |
Before you begin — know the assets and liabilities
Before you choose a probate route in Bourbon County, list the accounts, debts, vehicles, real estate and beneficiary designations you know about. Kansas procedure turns on what passes through probate, whether a will must be preserved within the K.S.A. 59-617 deadline, and whether letters are needed from the court.
Sunset's estate settlement process can search across more than 2,300 financial institutions, helping families find accounts before they file in Fort Scott or decide that a court case is not needed.
Which court handles jurisdiction
Bourbon County probate is filed with the clerk of the district court at the Bourbon County Courthouse in Fort Scott (K.S.A. 20-343). Bourbon County sits in Kansas's 6th Judicial District with Linn and Miami counties (K.S.A. 4-207), but each county has its own clerk and filing counter.
Kansas venue for a will or administration case depends on residence and real property. If the decedent lived in Kansas and owned real property in the county of residence, file in that county. If the decedent lived in Kansas but owned no real property in the county of residence, Kansas allows filing in the county of residence or in any Kansas county where the decedent owned real property. For a nonresident decedent, filing may be in any Kansas county where estate property is to be administered. A first-filed case controls while venue is determined, and a misfiled case can be transferred (K.S.A. 59-2203).
The jurisdiction process
- Find the death certificate, the will if there is one, and a basic asset list before filing in Bourbon County. If the person died a Kansas resident and left a will, act within six months of death because a will cannot pass property unless a petition for probate is filed within that period, subject to the statutory savings rules (K.S.A. 59-617).
- If the family is not ready to open a full case but needs to preserve the will, consider filing a will and affidavit in the district court of the decedent's last residence. Kansas allows the will or a copy to be filed for preservation, and a timely filing can keep the will admissible later (K.S.A. 59-618a).
- Choose the Kansas route that fits the assets. A small estates affidavit for probate assets of $75,000 or less, effective July 1, 2023, transfers personal property by giving the affidavit to the holder, not by opening a court case (K.S.A. 59-1507b). Other routes include refusal to grant letters (K.S.A. 59-2287), determination of descent after the statutory conditions are met (K.S.A. 59-2250), informal administration (K.S.A. 59-3301), and simplified or supervised administration as the court determines (K.S.A. 59-3202).
- Prepare the petition if a court case is needed. A petition for administration or probate of a will is drafted from the Kansas statutory requirements, and if you want simplified administration you must ask for it and give reasons (K.S.A. 59-2219; K.S.A. 59-2220; K.S.A. 59-3202).
- Add the required statewide filing documents. A new case needs a case filing cover sheet, and a self-represented filer also files the Self-Represented Litigant Certification Form. If the filing fee cannot be paid, include a Poverty Affidavit under K.S.A. 59-104.
- File with the Bourbon County clerk of the district court at the Fort Scott courthouse, by mail to P.O. Box 868, by fax to 620-223-5303, or in the courthouse drop box (K.S.A. 20-343). A self-represented drop box filing deposited by 4:00 p.m. local time counts that day. The probate estate filing is $131.50 as of August 2026, including the $109.50 statutory docket fee and the $22 surcharge (K.S.A. 59-104).
- After the petition is filed, the court fixes the hearing. For hearings requiring publication, notice is published once a week for three consecutive weeks, with mailing to the required people and the petition and will included when applicable (K.S.A. 59-2222; K.S.A. 59-2209). The petitioner also gives notice to creditors as ordered by the court (K.S.A. 59-709).
- Ask early if travel is difficult. A remote appearance is not automatic, but the court may allow phone or video participation under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council publishes a motion form for that request.
- At or after the hearing, the court admits the will when appropriate and grants letters testamentary to an executor or letters of administration to an administrator (K.S.A. 59-701; K.S.A. 59-705). The clerk files and records papers, but the court grants the authority.
- After letters are granted, file the inventory and valuation within 30 days unless the court allows more time (K.S.A. 59-1201). Publish and mail creditor notices as required, pay allowed debts and taxes, and track claims under the later of four months from first publication or 30 days after actual notice to a known or reasonably ascertainable creditor (K.S.A. 59-2239).
- To close, file the petition for final settlement and accounting. The court enters the final decree assigning the estate, and if real estate is involved a certified copy is entered on the county clerk's transfer record (K.S.A. 59-2247; K.S.A. 59-2249).
Forms and documents
Probate forms in Bourbon County
Bourbon County does not post a local probate packet, local probate cover sheet or local probate checklist. Use the statewide Kansas Judicial Council forms that apply, and call the clerk before filing if you are unsure whether the court wants any additional local document.
| Form or resource | Use |
|---|---|
| Small Estates Affidavit | Used to transfer personal property when probate assets are $75,000 or less, effective July 1, 2023 (K.S.A. 59-1507b). |
| Case filing cover sheets | Required with a new district court case. |
| Self-Represented Litigant Certification Form | Required when you file without a lawyer. |
| Poverty Affidavit | Used to ask for waiver of the filing fee when allowed (K.S.A. 59-104). |
| Motion to Appear in Court by Phone or Video | Used to request a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). |
| Rule 119 Fax Transmission Sheet | Used when a self-represented filer submits papers by fax. |
Kansas does not publish a fill-in petition for opening a probate estate. That petition is drafted from the statutes or prepared with legal help.
Recent updates
| Change | What it means |
|---|---|
| 2026 fee surcharge extension | The $22 surcharge, as part of the $131.50 probate estate filing total as of August 2026, is authorized through June 30, 2030 (K.S.A. 59-104). |
| 2026 nonresident fiduciary update | A nonresident fiduciary's resident agent may reside anywhere in Kansas, not necessarily in Bourbon County (K.S.A. 59-1706). |
| 2025 CaseSearch replacement | Kansas Courts CaseSearch replaced the former statewide public case search system. Bourbon County case information is searched at https://casesearch.kscourts.gov. |
| 2024 creditor notice update | The petitioner now has 30 days after filing to publish notice to creditors as ordered by the court (K.S.A. 59-709). |
| 2023 small estates affidavit change | The small estates affidavit amount became $75,000 effective July 1, 2023 (K.S.A. 59-1507b). |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Bourbon County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the Fort Scott or other Kansas real estate is titled. A joint-tenancy filing, spousal allowances and the elective-share notice may matter, and a will still must be protected within six months when K.S.A. 59-617 applies. | Sunset helps gather account and property information, flag title questions for counsel, and organize the estate settlement packet before filing. |
| Out-of-state adult child with a small estate | If the probate assets are $75,000 or less, effective July 1, 2023, and there is no real estate to transfer through the affidavit, the small estates affidavit may resolve personal property without opening a court case (K.S.A. 59-1507b). If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent in writing (K.S.A. 59-706; K.S.A. 59-1706), and can ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset searches for accounts, helps decide whether court authority is actually needed, and connects the family with a Kansas probate attorney when letters or real estate are involved. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit does not transfer a house. The family should evaluate refusal to grant letters if the facts fit and marketable title is needed (K.S.A. 59-2287), or informal administration (K.S.A. 59-3301), simplified administration or supervised administration (K.S.A. 59-3202). A petition involving real estate must be handled carefully before listing or closing a sale. | Sunset helps find assets and liens, prepare the information an attorney needs, and coordinate attorney help for sale authority and final settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Bourbon County District Court Self-Help Center | Staffed self-help center with private meeting space, paper court forms, computers and a printer. Hours are weekdays, 9:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m. Legal Aid Day is virtual only on the first Tuesday of each month from 9:00 a.m. to 4:00 p.m., walk-ins only. | Bourbon County Courthouse, 210 S National Ave., Fort Scott |
| Kansas Judicial Branch probate self-help | Statewide probate and elder law information, including links to forms and general guidance. It does not replace advice from an attorney. | https://self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms, including the Small Estates Affidavit (K.S.A. 59-1507b), Self-Represented Litigant Certification Form, case filing cover sheets, Poverty Affidavit (K.S.A. 59-104), and Motion to Appear in Court by Phone or Video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | https://www.kjc.ks.gov/legal-forms |
| Kansas Legal Services | Nonprofit civil legal help for low and moderate income Kansans, subject to eligibility and case priorities. Intake is by phone on weekdays, 8:00 a.m. to 4:30 p.m. | 316-267-3975 |
| Kansas Elder Hotline | Free legal advice program through Kansas Legal Services for eligible Kansas residents age 60 or older. | 316-267-3975 |
| Kansas Bar Association lawyer referral | Referral route for finding a Kansas lawyer. | https://www.ksbar.org/?pg=clientreferrals |
| Bourbon County clerk of the district court | Call to confirm current filing hours, drop box instructions, fax filing expectations and hearing logistics. Court staff can explain filing procedures, but they cannot give legal advice. | 620-223-0780 |
When to hire an attorney
Consider working with a Kansas probate attorney if the will deadline is close, heirs disagree, the estate includes real estate, a sale is needed, debts exceed cash, a nonresident fiduciary must appoint a Kansas resident agent, or you need to choose among refusal to grant letters (K.S.A. 59-2287), informal administration (K.S.A. 59-3301), simplified administration or supervised administration (K.S.A. 59-3202). 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, policies and assets that may affect a Bourbon County estate settlement.
Generate the probate packet. Sunset organizes the information needed for the petition, notices, asset list and supporting documents so the filing is easier to review before it goes to the clerk.
Find a local probate attorney. When court authority, real estate, creditor issues or a Kansas will deadline are involved, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next step and decide whether local legal help is needed.
Frequently asked questions
Where do I file probate in Bourbon County?
File with the Bourbon County clerk of the district court at the Bourbon County Courthouse in Fort Scott (K.S.A. 20-343). The street address is 210 S National Ave., Fort Scott, KS 66701. Mail filings to P.O. Box 868, Fort Scott, KS 66701.
What is the probate estate filing fee in Bourbon County?
The probate estate filing is $131.50 as of August 2026, made up of the $109.50 statutory docket fee and the $22 surcharge (K.S.A. 59-104). Bourbon County has no posted local uplift like the separate Johnson and Sedgwick additions.
Can I e-file a Bourbon County probate case?
If you are a Kansas licensed attorney, e-filing is required under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). If you are representing yourself, file in person, by mail, by fax or by the courthouse drop box.
Does Bourbon County have a drop box for self-represented filings?
Yes. Bourbon County is not one of the Kansas counties listed as lacking a drop box. A self-represented filing placed in the courthouse drop box by 4:00 p.m. local time counts as filed that day; later filings count on the next court day.
Can I appear remotely for a Bourbon County probate hearing?
Possibly. A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). File the Judicial Council motion to appear by phone or video, notify the other parties, and ask the clerk how that judge handles the request.
How do I look up a Bourbon County probate case?
Use Kansas Courts CaseSearch at https://casesearch.kscourts.gov. Bourbon County joined Kansas eCourt on November 2, 2020, so online documents begin from that date when public access rules allow. Older documents and records not available online must be reviewed at the courthouse public terminal.
Does Bourbon County publish local probate forms?
No local Bourbon County probate packet is posted. Use statewide Kansas Judicial Council forms, including the Small Estates Affidavit (K.S.A. 59-1507b), the case filing cover sheet, the Self-Represented Litigant Certification Form, the Poverty Affidavit (K.S.A. 59-104), and the motion for remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
What if a Kansas resident's will is not filed within six months?
Kansas has a strict will rule. 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 rule applies (K.S.A. 59-617). Filing a will and affidavit within that window can preserve the will for later probate (K.S.A. 59-618a).
Do I have to travel to Fort Scott if I live out of state?
You may be able to handle filings by mail or fax, and you can ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). If you serve as a nonresident personal representative, you must appoint a Kansas resident agent in writing and file that appointment with the district court (K.S.A. 59-706; K.S.A. 59-1706).
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.