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Chase County, KS Probate Information
Quick facts
| Item | Chase County information |
|---|---|
| Court | Chase County District Court, Kansas's 5th Judicial District (K.S.A. 4-206) |
| Courthouse address | Chase County Courthouse, 300 Pearl Street, Cottonwood Falls, KS 66845 |
| Mailing address | P.O. Box 529, Cottonwood Falls, KS 66845 |
| Filing office | Clerk of the district court for Chase County (K.S.A. 20-343) |
| Phone | 620-273-6319 |
| Fax | 620-273-6890 |
| [email protected] | |
| Hours | Open 8:00 a.m. to 5:00 p.m. each weekday, closed on Kansas state holidays |
| Filing fee | Effective July 1, 2026, a probate estate filing is $131.50, made up of the $109.50 statutory charge plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs are assessed as the court directs (K.S.A. 59-104). |
| Local forms | No Chase County probate petition packet is published. Use Kansas Judicial Council statewide forms where available. |
| Electronic filing | Kansas licensed attorneys electronically file under Rule 122. A self-represented filer uses the clerk's office, mail, fax or the courthouse drop box. |
| Drop box | A drop box is at the southeast corner of the courthouse building. A self-represented filing deposited by 4:00 p.m. local time is treated as filed that day under the Kansas self-represented filing rule. |
| Case search | Kansas Courts CaseSearch is the statewide public search. Chase County joined Kansas eCourt on July 11, 2022, so online documents in Chase County cases begin from that date. |
| Remote appearance | Ask by motion under Rule 103. The Kansas Judicial Council publishes a free Motion to Appear in Court by Phone or Video. |
| Website | 5thjd.org/chase-county-2/ |
Before you begin — know the assets and liabilities
Before you file in Cottonwood Falls, make a working list of the decedent's assets, debts, title documents, beneficiary designations and any will. The right Chase County estate settlement path depends on what is actually in the probate estate, whether real estate is involved, and whether the K.S.A. 59-617 will deadline is approaching.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, retirement assets and debts before they choose a filing path or pay the K.S.A. 59-104 filing fee. That inventory makes it easier to decide whether Chase County needs a court case, a preservation filing for the will, or a lawyer drafted petition.
Which court handles jurisdiction
Chase County probate is handled at the Chase County Courthouse in Cottonwood Falls. The county is part of Kansas's 5th Judicial District with Lyon County (K.S.A. 4-206), but a Chase County case is filed with the Chase County clerk of the district court in Cottonwood Falls (K.S.A. 20-343).
Kansas venue depends on residence and real property. If the decedent was a Kansas resident and owned real property in the county of residence, the proceeding belongs in that county. If the decedent did not own real property in the county of residence, the filing may be in the county of residence or any county where the decedent owned real property. If the decedent was not a Kansas resident, filing may be in any county where estate property is to be administered (K.S.A. 59-2203). The first properly started proceeding controls, and a case filed in the wrong county is transferred to the proper county rather than restarted (K.S.A. 59-2203).
The jurisdiction process
- Find the death certificate, the will if there is one, account statements, real estate records and debts. If there is a will, decide promptly whether to petition for probate of the will, because a will of a Kansas resident must be petitioned for probate within six months of death to pass property, unless a 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 will preserve the will. Kansas allows the will or a copy to be filed with an affidavit in the district court of the decedent's last residence for later use (K.S.A. 59-618a).
- Choose the filing path. Some personal property may be handled by the small estates affidavit furnished to the property holder (K.S.A. 59-1507b). Other cases may need refusal to grant letters (K.S.A. 59-2287), determination of descent after the K.S.A. 59-617 period has run (K.S.A. 59-2250), informal administration (K.S.A. 59-3301), or simplified or supervised administration chosen by the court (K.S.A. 59-3202).
- Prepare the petition for Chase County. A petition for administration or probate of a will must be drafted from Kansas Probate Code requirements (K.S.A. 59-2219; K.S.A. 59-2220). If you want simplified administration, the petition must ask for it and give the reasons (K.S.A. 59-3202).
- Add the statewide case filing cover sheet. If you are representing yourself, also add the Self-Represented Litigant Certification Form. If you cannot pay, include a Poverty Affidavit tied to the probate fee statute (K.S.A. 59-104).
- File with the Chase County clerk of the district court at 300 Pearl Street in Cottonwood Falls, by mail to P.O. Box 529, by fax to 620-273-6890, or by courthouse drop box. A self-represented fax filing uses the Rule 119 fax transmission sheet. Effective July 1, 2026, the probate estate filing is $131.50 under K.S.A. 59-104 unless the court grants fee relief.
- The court fixes the hearing. Kansas probate petitions for a will, administration or refusal to grant letters are set by the court, and the court grants letters testamentary or letters of administration after the required hearing process (K.S.A. 59-2222; K.S.A. 59-701; K.S.A. 59-705).
- Give notice. When K.S.A. 59-2209 applies, notice is published once a week for three consecutive weeks, mailed to known heirs, devisees and legatees within seven days after the first publication, and the hearing date falls in the statutory window after the last publication (K.S.A. 59-2209). Notice to creditors is published within 30 days after filing the petition (K.S.A. 59-709).
- Handle spouse and creditor steps. If a surviving spouse is entitled to the elective share notice, mail it within the statutory period (K.S.A. 59-2233). Claims are barred unless presented within 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).
- After the court grants authority, the personal representative files the inventory and valuation within 30 days after the letters unless the court allows more time (K.S.A. 59-1201), collects assets, pays allowed debts and taxes, and prepares the estate for closing.
- Close with a petition for final settlement and accounting. The court enters the final decree assigning the estate, and real estate assignments are reflected in the county clerk's transfer record when required (K.S.A. 59-2247; K.S.A. 59-2249).
Forms and documents
Probate forms in Chase County
Chase County and the 5th Judicial District do not publish a county specific probate petition packet. The district's forms page sends users to statewide Kansas Judicial Council forms and Kansas Legal Services forms, with no Chase County probate checklist or local probate cover sheet listed.
| Form or resource | How it fits a Chase County filing |
|---|---|
| Small Estates Affidavit | Used for qualifying personal property transfers under K.S.A. 59-1507b. It is furnished to the bank or other holder, not used to open a Chase County court case. |
| Case filing cover sheet | Required with a new district court case. |
| Self-Represented Litigant Certification Form | Required when a person files without a lawyer. |
| Poverty Affidavit | Used to ask the court to waive or defer the K.S.A. 59-104 filing fee. |
| Motion to Appear in Court by Phone or Video | Used to request a remote appearance under Rule 103. |
| Rule 119 Fax Transmission Sheet | Used when a self-represented person files by fax. |
Kansas does not publish a fill-in petition for probate of a will, a petition for administration, an inventory and valuation, or a petition for final settlement. Those papers are drafted from the statutes, often with lawyer help.
Local nuance
Chase County-specific considerations
| Local point | What it means |
|---|---|
| File in Cottonwood Falls | Chase County shares Kansas's 5th Judicial District with Lyon County (K.S.A. 4-206), but the clerk of the district court for Chase County remains in Cottonwood Falls (K.S.A. 20-343). Do not send Chase County estate papers to Emporia. |
| District magistrate judge | A district magistrate judge is assigned to Chase County. Kansas district magistrate judges may hear Kansas probate matters, including real estate issues under the probate code (K.S.A. 20-302b). |
| Self-help room | Chase County has a District Court Self-Help Center at the courthouse, but it is not staffed. It offers paper court forms, a computer and printer, private meeting space, a public phone line and community resource guides. |
| CaseSearch documents | Chase County joined Kansas eCourt on July 11, 2022. Case information is searchable statewide, and documents in Chase County cases are available online from that eCourt date forward. |
| Courthouse drop box | The courthouse has a drop box at the southeast corner of the building. If your filing deadline is close, call the clerk at 620-273-6319 to confirm how to use it for district court filings. |
Recent updates
| Change | What changed |
|---|---|
| Probate fee surcharge extended | Effective July 1, 2026, the $22 surcharge under K.S.A. 59-104 is authorized through June 30, 2030, so a Chase County probate estate filing is $131.50 under K.S.A. 59-104. |
| Nonresident fiduciary agent rule changed | In 2026, Kansas changed K.S.A. 59-1706 so a nonresident fiduciary's resident agent may reside anywhere in Kansas, not only in the county of appointment. |
| Creditor publication window changed | Effective July 1, 2024, the petitioner has 30 days after filing to publish notice to creditors (K.S.A. 59-709). |
| Small estates affidavit amount changed | Effective July 1, 2023, the small estates affidavit amount is $75,000 under K.S.A. 59-1507b. |
| CaseSearch replaced the older public search | Kansas Courts CaseSearch is now the statewide search tool for public district court case information. |
Scenarios
| Situation | Likely Chase County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with how title is held. A co-owned home may need a real estate title filing rather than a full estate case. If probate is opened, spouse protections such as the homestead allowance (K.S.A. 59-6a215), the family allowance (K.S.A. 59-403), and the elective share notice duty (K.S.A. 59-2233) may matter. | Sunset helps collect deeds, account records and beneficiary information so the estate settlement plan fits the assets rather than guessing. |
| Out-of-state adult child with a small estate | If probate assets total $75,000 or less, effective July 1, 2023, and the property to collect is personal property, the small estates affidavit may work under K.S.A. 59-1507b. If letters are needed, an out-of-state personal representative can serve after appointing a Kansas resident agent in writing (K.S.A. 59-706; K.S.A. 59-1706). A remote appearance can be requested under Rule 103. | Sunset helps find accounts, assemble the affidavit or probate packet, and connect the family with a Kansas probate attorney when letters or real estate make the case more complex. |
| Parent settling a predeceased child's estate, home must be sold | The K.S.A. 59-1507b affidavit does not transfer real estate. Ask whether refusal to grant letters can provide marketable title for a sale (K.S.A. 59-2287), or whether informal administration (K.S.A. 59-3301) or simplified administration (K.S.A. 59-3202) is the better fit. If there is a will, keep the K.S.A. 59-617 deadline in view. | Sunset organizes the asset list, flags real estate and creditor issues, and helps generate the packet a Chase County attorney can review quickly. |
Self-help resources
| Resource | How to use it |
|---|---|
| Chase County clerk of the district court | Chase County Courthouse, 300 Pearl Street, P.O. Box 529, Cottonwood Falls, KS 66845. Phone 620-273-6319. Fax 620-273-6890. Open 8:00 a.m. to 5:00 p.m. each weekday, closed on Kansas state holidays. |
| Chase County District Court Self-Help Center | At the courthouse during clerk's office hours. It is not staffed. It offers paper court forms, computers and printer, private meeting space, a public phone line and community resource guides. |
| Kansas Judicial Branch self-help, probate and elder law | Use the statewide probate self-help page for general Kansas probate information, glossary terms and links to forms. |
| Kansas Judicial Council forms | Free statewide forms include the K.S.A. 59-1507b Small Estates Affidavit, Self-Represented Litigant Certification Form, case filing cover sheets, Poverty Affidavit for K.S.A. 59-104 fee relief, and the Rule 103 Motion to Appear in Court by Phone or Video. |
| Kansas Legal Services | Call 316-267-3975 from 8:00 a.m. to 4:30 p.m. on weekdays to ask about eligibility and available civil legal help. |
| Kansas Elder Hotline | Kansas residents age 60 or older may call 316-267-3975 to ask about free legal advice through Kansas Legal Services. |
| Kansas Bar Association Lawyer Referral Service | Use ksbar.org/?pg=clientreferrals to look for a Kansas lawyer referral. |
| Kansas Courts CaseSearch | Use casesearch.kscourts.gov to search Chase County public case information. Online documents in Chase County cases begin with the county's July 11, 2022 Kansas eCourt date. |
When to hire an attorney
A lawyer is especially useful when a Chase County estate includes real estate, a will near the K.S.A. 59-617 deadline, disagreement among heirs, creditor problems, a nonresident fiduciary appointment under K.S.A. 59-1706, or a request for informal administration, simplified administration or supervised administration under K.S.A. 59-3301 and K.S.A. 59-3202. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, retirement assets, debts and real estate so the Chase County estate settlement starts from a complete picture.
Generate the probate packet. Sunset turns the asset list and family information into an organized packet for the Chase County filing path, including the court petition materials, notice checklist and supporting documents where a court case is needed.
Find a local probate attorney. When real estate, creditor issues, a will deadline or a nonresident fiduciary makes the case more complicated, Sunset helps connect the family with a Kansas probate attorney who can review and file the papers.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track next steps and prepare for the Chase County process without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Chase County?
File with the Chase County clerk of the district court at the Chase County Courthouse, 300 Pearl Street, Cottonwood Falls, KS 66845, or by mail to P.O. Box 529, Cottonwood Falls, KS 66845. Chase County is in Kansas's 5th Judicial District (K.S.A. 4-206), but Chase County filings stay in Cottonwood Falls with the local clerk of the district court (K.S.A. 20-343).
Can I file electronically in Chase County?
Kansas licensed attorneys electronically file under Rule 122. If you are representing yourself, use the Chase County clerk's office, mail, fax to 620-273-6890, or the courthouse drop box.
What is the filing fee to open a Chase County probate estate?
Effective July 1, 2026, the probate estate filing is $131.50 under K.S.A. 59-104. That total includes the $109.50 statutory charge and the $22 surcharge authorized through June 30, 2030 under K.S.A. 59-104. If you cannot pay, ask about filing a Poverty Affidavit under K.S.A. 59-104.
What is the six-month will rule in Chase County?
A will of a Kansas resident cannot pass property unless a petition for probate of the will is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617). Filing a will and affidavit can preserve the will for later probate if done in time (K.S.A. 59-618a).
Does Chase County have local probate forms?
Chase County does not publish a county specific probate petition packet. Use Kansas Judicial Council statewide forms where they apply, including the K.S.A. 59-1507b Small Estates Affidavit, the case filing cover sheet, the Self-Represented Litigant Certification Form and the Rule 103 remote appearance motion.
Can I appear by phone or video for a Chase County probate hearing?
You may ask. Rule 103 gives the Kansas district court discretion to allow a remote appearance, including when travel time or expense outweighs the benefit of appearing in person. File the Kansas Judicial Council motion and notify the other parties as Rule 103 requires.
How do I look up a Chase County probate case?
Use Kansas Courts CaseSearch. Chase County joined Kansas eCourt on July 11, 2022, so online documents in Chase County cases are available from that date forward. The courthouse also has public access for records that are available by law.
Does Chase County have a self-help center?
Yes. Chase County has a District Court Self-Help Center at the courthouse during clerk's office hours, but it is not staffed. It provides paper forms, computer and printer access, private meeting space, a public phone line and community resource guides.
Do I have to travel to Cottonwood Falls if I live out of state?
Not for every step. A self-represented filer can use mail, fax or the courthouse drop box for filings, and an out-of-state personal representative may serve after appointing a Kansas resident agent (K.S.A. 59-706; K.S.A. 59-1706). For hearings, ask for a remote appearance under Rule 103, but the judge decides.
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.