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Chautauqua County, KS Probate Information
Quick facts
| Item | Chautauqua County detail |
|---|---|
| Court | Chautauqua County District Court, in Kansas's 14th Judicial District (K.S.A. 4-215) |
| Filing office | Clerk of the district court for Chautauqua County (K.S.A. 20-343) |
| Courthouse address | Chautauqua County Courthouse, 215 N Chautauqua St., 3rd floor, Sedan, KS 67361 |
| Mailing address | 215 N Chautauqua St., 3rd floor, Sedan, KS 67361. Call before mailing a time-sensitive filing. |
| Phone | 620-725-5870 |
| Fax | 620-725-3027 |
| Hours | Call the clerk to confirm current office hours. The separate Chautauqua County District Court Self-Help Center is open on weekdays from 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m., and is not staffed. |
| Filing fee | Current August 2026 probate estate filing: $131.50, made up of the $109.50 statutory amount and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs may be taxed as the court directs (K.S.A. 59-104). |
| Local forms | No Chautauqua County probate petition form is published. Use statewide Kansas Judicial Council forms where available. |
| E-filing | Attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses in-person filing, mail, fax, or the courthouse drop box where available. |
| Case search | Kansas Courts CaseSearch at casesearch.kscourts.gov. Chautauqua County documents are available online for filings from November 2, 2020 forward. |
| Remote appearance | Remote 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 | ks14jd.com, the shared website for the 14th district |
Before you begin — know the assets and liabilities
Before you file anything in Sedan, list the assets, debts, account holders, real estate, beneficiaries, and whether the original will or a copy is available. Kansas procedure changes depending on whether the estate needs letters, whether real estate must be transferred or sold, and whether the will deadline matters.
Sunset's estate settlement platform can search across more than 2,300 financial institutions to help identify accounts before you choose a Kansas route. That asset picture helps you decide what to ask the Chautauqua County clerk, what to send to a lawyer, and whether the first step is a court petition or a non-court transfer.
Which court handles jurisdiction
Probate for Chautauqua County is filed with the clerk of the district court at the Chautauqua County Courthouse in Sedan, in the Chautauqua County District Court (K.S.A. 20-343). The court sits in Kansas's 14th Judicial District with Montgomery County (K.S.A. 4-215), but Chautauqua County has its own filing counter in Sedan.
The Sedan courthouse serves Chautauqua County communities, including Sedan, Cedar Vale, Chautauqua, and Peru. Do not file a Chautauqua County estate in Independence or Coffeyville; those are Montgomery County court locations.
Kansas venue rules look first to the decedent's residence and real property. If the decedent lived in Kansas and owned real property in the county of residence, file there. If the decedent lived in Kansas but owned no real property in the county of residence, venue may be the county of residence or any county where the decedent owned real property. If the decedent was not a Kansas resident, venue may be any Kansas county where estate property is to be administered. A first-filed proceeding controls, and a misfiled case is transferred rather than dismissed (K.S.A. 59-2203).
The jurisdiction process
- Gather the death certificate, the will if there is one, account information, real estate information, known debts, and names and addresses for heirs and beneficiaries. If the decedent was a Kansas resident with a will, decide within six months after death whether to file a petition to probate the will, or at least file the will or a copy with an affidavit to preserve it (K.S.A. 59-617; K.S.A. 59-618a).
- Choose the Kansas route before drafting papers. A small estates affidavit under K.S.A. 59-1507b can move personal property when the probate assets are $75,000 or less, effective July 1, 2023, and it is given to the holder of the property rather than filed with the court. Court routes include refusal to grant letters (K.S.A. 59-2287), determination of descent after the statutory timing fits (K.S.A. 59-2250), informal administration (K.S.A. 59-3301), and simplified or supervised administration as the court decides (K.S.A. 59-3202).
- Prepare the verified petition required for the selected route. If you want simplified administration, ask for it in the petition and give reasons for that request (K.S.A. 59-3202). Kansas does not publish a fill-in petition for opening an estate, so many families have a lawyer draft this document.
- Add the Kansas case-filing cover sheet and, if you are representing yourself, the Self-Represented Litigant Certification Form. If you cannot afford the current August 2026 $131.50 probate estate filing amount, you may submit a Poverty Affidavit with the filing (K.S.A. 59-104).
- File with the clerk of the district court in Sedan at 215 N Chautauqua St., 3rd floor, Sedan, KS 67361 (K.S.A. 20-343). A self-represented filer may file in person, by mail to that address, by fax to 620-725-3027, or by courthouse drop box where available. A drop box filing made by 4:00 p.m. local time is treated as filed that day under the Kansas self-represented filing rule.
- Pay the current August 2026 probate estate filing amount of $131.50, made up of the $109.50 statutory amount and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104), unless the court accepts a Poverty Affidavit (K.S.A. 59-104). Attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122), while self-represented filers use the paper, mail, fax, or drop box channels.
- The court fixes the hearing, and notice is handled under the Kansas Probate Code. Hearing notice is published once a week for three consecutive weeks, and the mailing to heirs, devisees, and legatees follows the statutory timing (K.S.A. 59-2209). The notice to creditors is published within the required period after filing the petition (K.S.A. 59-709).
- If there is a surviving spouse, send the required elective-share notice within 10 days when the statute requires it (K.S.A. 59-2233). A remote appearance request is made by motion and is discretionary with the judge under Rule 103 (Kan. Sup. Ct. R. 103).
- Attend the hearing as directed. The court, not the clerk, admits the will if appropriate and grants letters testamentary to an executor (K.S.A. 59-701) or letters of administration to an administrator (K.S.A. 59-705).
- After letters are granted, file the inventory and valuation within 30 days unless the court allows more time (K.S.A. 59-1201). Give actual notice to known or reasonably ascertainable creditors, address claims within the later of four months from first publication or 30 days after actual notice, and keep the separate lien and claim rule in mind (K.S.A. 59-2239).
- Pay allowed debts, expenses, and taxes, then seek final settlement. The court settles the account and enters the final decree assigning the estate, including the real estate steps when applicable (K.S.A. 59-2247; K.S.A. 59-2249).
Forms and documents
Probate forms in Chautauqua County
No Chautauqua County probate petition form is published. The 14th district website points users to statewide Kansas Judicial Council forms rather than a local Chautauqua County packet.
| Form or resource | How it applies in Chautauqua County |
|---|---|
| Small Estates Affidavit | Statewide form for personal property transfers under K.S.A. 59-1507b when probate assets are $75,000 or less, effective July 1, 2023. It is given to the bank or other holder, not filed as a court case. |
| Case-filing cover sheet | Use with a new Chautauqua County District Court filing. |
| Self-Represented Litigant Certification Form | Use if you are filing without a lawyer. |
| Poverty Affidavit | Use to ask the court to waive or defer the current August 2026 $131.50 filing amount for a probate estate (K.S.A. 59-104). |
| Motion to Appear in Court by Phone or Video | Use to request a remote appearance under Rule 103 (Kan. Sup. Ct. R. 103). |
Local nuance
Chautauqua County-specific considerations
| Local point | Why it matters |
|---|---|
| File in Sedan | Chautauqua County shares Kansas's 14th Judicial District with Montgomery County (K.S.A. 4-215), but the Chautauqua County filing office is the clerk of the district court in Sedan (K.S.A. 20-343). Do not send a Chautauqua County estate to Independence or Coffeyville. |
| Use the 3rd floor address | The courthouse address is 215 N Chautauqua St., 3rd floor, Sedan, KS 67361. Include the floor detail when mailing or preparing delivery instructions. |
| Resident judicial officer | A district magistrate judge sits in Chautauqua County, and a district magistrate judge may hear Kansas probate matters, including matters involving title to real estate (K.S.A. 20-302b). |
| Self-help room is not staffed | The Chautauqua County District Court Self-Help Center is a room with a laptop, printer, and paper court forms. It is open on weekdays from 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m., but those are not the clerk's office hours. |
| CaseSearch document date | Chautauqua County joined the Kansas eCourt case management system on November 2, 2020, so documents from that date forward can be reached through Kansas Courts CaseSearch when public access rules allow. |
Recent updates
| Change | What it means for Chautauqua County filings |
|---|---|
| 2026 fee surcharge extension | The $22 surcharge for probate filings was extended through June 30, 2030, so the current August 2026 probate estate filing amount is $131.50 under K.S.A. 59-104. |
| 2026 nonresident fiduciary rule | A nonresident fiduciary may appoint a resident agent anywhere in Kansas, rather than only in the county of appointment (K.S.A. 59-1706). |
| 2024 creditor notice change | The notice to creditors publication window changed from 10 days to 30 days after filing (K.S.A. 59-709). |
| 2023 small affidavit amount | The small estates affidavit amount under K.S.A. 59-1507b became $75,000, effective July 1, 2023. |
| Chautauqua County eCourt date | Chautauqua County case documents are available online through Kansas Courts CaseSearch for filings from November 2, 2020 forward, subject to public access rules. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Chautauqua County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and how the home is titled. If an estate filing is needed, file in Sedan. The spouse may need the homestead allowance of $75,000, effective July 1, 2023 (K.S.A. 59-6a215), the spouse and minor children allowance of up to $75,000, effective July 1, 2023 (K.S.A. 59-403), and the elective-share notice within 10 days (K.S.A. 59-2233). | Sunset helps identify accounts and assets before the family chooses an estate settlement route or asks a lawyer to prepare the Sedan 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, the small estates affidavit under K.S.A. 59-1507b may be used with the bank or other holder. 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 Rule 103 (Kan. Sup. Ct. R. 103). | Sunset helps organize asset information remotely, prepare questions for the Sedan clerk, and decide whether the estate settlement needs a Kansas probate attorney. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b cannot move real estate. The family should evaluate refusal to grant letters (K.S.A. 59-2287), informal administration (K.S.A. 59-3301), or simplified or supervised administration (K.S.A. 59-3202). If there is a will, the six months rule in K.S.A. 59-617 should be addressed immediately. | Sunset helps build the probate packet around the Sedan filing details and connects the family with a Kansas probate attorney for the sale and closing steps. |
Self-help resources
| Resource | How to use it |
|---|---|
| Chautauqua County clerk of the district court | Chautauqua County Courthouse, 215 N Chautauqua St., 3rd floor, Sedan, KS 67361. Phone 620-725-5870. Fax 620-725-3027. The clerk files papers and takes the current August 2026 probate estate filing amount of $131.50 under K.S.A. 59-104, but staff cannot choose the route or draft the petition for you. |
| Chautauqua County District Court Self-Help Center | Not staffed. Open on weekdays from 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m. Has a laptop, printer, and paper court forms. These are self-help room hours, not the clerk's office hours. |
| Kansas Judicial Branch probate and elder law self-help | self-help.kscourts.gov/ProbateAndElderLaw. Use it for statewide probate information, links to Kansas Judicial Council forms, and general self-help resources. |
| Kansas Judicial Council forms | Use the Small Estates Affidavit under K.S.A. 59-1507b, Self-Represented Litigant Certification Form, case-filing cover sheet, 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 | Free and reduced-cost civil legal help for low and moderate income Kansans in all 105 counties. Intake is 316-267-3975, 8:00 a.m. to 4:30 p.m. on weekdays. Ask about eligibility and case priorities. |
| Kansas Elder Hotline | Kansas residents age 60 and older may be eligible for free legal advice through Kansas Legal Services at 316-267-3975. |
| Kansas Bar Association Lawyer Referral Service | ksbar.org/?pg=clientreferrals. Use it to look for a Kansas lawyer referral. |
| Kansas Courts CaseSearch | casesearch.kscourts.gov. Use it to search Chautauqua County case information. Public documents are available online for Chautauqua County filings from November 2, 2020 forward, subject to access rules. |
When to hire an attorney
A lawyer is especially useful in Chautauqua County when there is a will deadline, real estate to sell, disagreement among heirs, a nonresident personal representative, or a need to draft a petition because no local fill-in probate petition is published. The county's self-help room is not staffed, attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122), and a self-represented filing that is late or incomplete can create serious estate settlement problems under the six months rule (K.S.A. 59-617). Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can build a practical estate settlement inventory before deciding what to file in Chautauqua County.
Generate the probate packet. Sunset organizes the facts, people, assets, debts, and court details needed for the Kansas probate packet, including the Sedan filing address and the documents a self-represented filer should add.
Find a local probate attorney. When the estate needs court filings, real estate sale authority, or advice about the six months rule in K.S.A. 59-617, Sunset can connect the family with a Kansas probate attorney.
Sunset is free for families. Families can use Sunset to start estate settlement, locate assets, and understand next steps before deciding whether to file in Sedan on their own or work with counsel.
Frequently asked questions
Where do I file probate in Chautauqua County, Kansas?
File with the clerk of the district court at the Chautauqua County Courthouse, 215 N Chautauqua St., 3rd floor, Sedan, KS 67361 (K.S.A. 20-343). Chautauqua County is in Kansas's 14th Judicial District (K.S.A. 4-215), but Chautauqua County probate is filed in Sedan, not in Montgomery County.
Can I file a Chautauqua County probate by e-filing?
Attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer files in person, by mail, by fax to 620-725-3027, or by courthouse drop box where available.
What is the deadline to probate a will in Chautauqua County?
For a Kansas resident, a will generally cannot pass property unless a petition to probate it is filed within six months after death (K.S.A. 59-617). If the family is not ready to open an estate, filing a will and affidavit under K.S.A. 59-618a can preserve the will if done within that same six months period (K.S.A. 59-617).
How much does it cost to open a probate estate in Chautauqua County?
The current August 2026 probate estate filing amount is $131.50, made up of the $109.50 statutory amount and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other costs, such as publication, attorney fees, or approved expenses, can be charged as the court directs (K.S.A. 59-104).
Does Chautauqua County have local probate forms?
No Chautauqua County probate petition form is published. Use statewide Kansas Judicial Council forms where they exist, including the Small Estates Affidavit under K.S.A. 59-1507b for personal property when probate assets are $75,000 or less, effective July 1, 2023.
Is there a self-help center at the Sedan courthouse?
Yes. The Chautauqua County District Court Self-Help Center is open on weekdays from 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m., and is not staffed. It has a laptop, printer, and paper court forms, but those hours are for the self-help room and are not the clerk's office hours.
How do I look up a Chautauqua County probate case?
Use Kansas Courts CaseSearch at casesearch.kscourts.gov. Chautauqua County documents are available online for filings from November 2, 2020 forward, subject to public access rules.
Do I have to travel to Sedan for a probate hearing?
You may ask for a remote appearance under Rule 103 (Kan. Sup. Ct. R. 103) using the Kansas Judicial Council motion form, and you must notify the other parties. The judge decides whether to allow it, so call the clerk for local instructions before the hearing date.
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.