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Comanche County, KS Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Comanche County District Court, in Kansas's 16th Judicial District (K.S.A. 4-217) |
| Filing office | Clerk of the district court for Comanche County (K.S.A. 20-343) |
| Courthouse address | Comanche County Courthouse, 201 S New York Avenue, Coldwater, KS 67029 |
| Mailing address | PO Box 722, Coldwater, KS 67029 |
| Phone | 620-582-2182 |
| Fax | 620-582-2603 |
| Hours | 8 a.m. to 5 p.m.; no lunch closure is stated for the courthouse |
| Filing fee | Probate of an estate or will is $131.50, effective July 1, 2026 through June 30, 2030, made up of the $109.50 statutory fee plus the $22 surcharge under K.S.A. 59-104. Additional court costs are handled as the court directs under K.S.A. 59-104(d). |
| E-filing under Kansas Supreme Court Rule 122 | Kansas-licensed attorneys must use approved electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A person filing without a lawyer uses the paper, mail, fax or drop box channels. |
| Self-represented filing | File in person at 201 S New York Avenue, by mail to PO Box 722, by fax to 620-582-2603, or by drop box. A drop box filing made by 4:00 p.m. local time counts for that day under the statewide filing rule. |
| Local forms | No Comanche County-specific probate petition form, local cover sheet or local probate rule is published for this filing office. Use the statewide Kansas Judicial Council forms that apply. |
| Case search | Kansas Courts CaseSearch, casesearch.kscourts.gov. Comanche County documents are available online for filings from September 12, 2022 forward; case information is searchable statewide. |
| Remote appearance under Kansas Supreme Court Rule 103 | Ask by motion under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). The Kansas Judicial Council has a free Motion to Appear in Court by Phone or Video. |
| Website | Comanche County Courthouse page on the Kansas Judicial Branch site: kscourts.gov/16th-Judicial-District/16th-Judicial-District/Comanche-County-Courthouse |
Before you begin — know the assets and liabilities
Before you file anything in Comanche County, list the assets, debts, account holders, real estate title, beneficiary designations, and whether there is a will. Kansas has a K.S.A. 59-617 six-month will deadline, so estate settlement planning should begin with the will and the asset list, not with a form search.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, retirement assets, and other property that may affect whether a court case is needed in Coldwater or whether a noncourt transfer tool is enough. That asset map also helps decide whether the filing should ask for simplified administration under K.S.A. 59-3202 or use another Kansas route.
Which court handles jurisdiction
Probate for Comanche County is filed with the clerk of the district court for Comanche County at the Comanche County Courthouse in Coldwater (K.S.A. 20-343). Comanche County shares Kansas's 16th Judicial District with Clark, Ford, Gray, Kiowa and Meade counties (K.S.A. 4-217), but each county has its own clerk of the district court under K.S.A. 20-343. A Comanche County estate is filed in Coldwater, not in another county in the district.
The local courthouse city is Coldwater. The other named community in the county is Protection. Venue for a Kansas probate case follows K.S.A. 59-2203: if a Kansas resident decedent owned real property in the county of residence, file there; if the decedent did not own real property in the county of residence, file in the county of residence or a county where the decedent owned real property; for a nonresident, file in a Kansas county where estate property is to be administered. Under K.S.A. 59-2203, the first-filed proceeding controls, and a case filed in the wrong county is transferred rather than dismissed.
The jurisdiction process
- Gather the death certificate, the will if there is one, account information, real estate title information, debts, and family contact information. If the decedent was a Kansas resident and left a will, decide before the K.S.A. 59-617 six-month will deadline whether to file a petition to probate it or at least file the will or a copy with an affidavit under K.S.A. 59-618a to preserve it.
- Choose the Kansas path before preparing papers. A small estates affidavit under K.S.A. 59-1507b can be used for qualifying personal property and is given to the property holder. 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, and simplified or supervised administration under K.S.A. 59-3202 are court paths that depend on the property, timing, debts, and whether authority is needed.
- Prepare the verified petition required by the Kansas Probate Code. If you want simplified administration under K.S.A. 59-3202, ask for it in the petition and state the reasons. A new case also needs the Kansas Judicial Council case-filing cover sheet, and a person filing without a lawyer must include the Self-Represented Litigant Certification Form.
- File with the clerk of the district court for Comanche County (K.S.A. 20-343) at 201 S New York Avenue in Coldwater, by mail to PO Box 722, by fax to 620-582-2603, or by the courthouse drop box by 4:00 p.m. local time. Pay the $131.50 fee, effective July 1, 2026 through June 30, 2030 under K.S.A. 59-104, or file a Poverty Affidavit under K.S.A. 59-104 if you are asking the court to waive or defer the fee.
- After the petition is filed, the court fixes the hearing under K.S.A. 59-2222. When notice is required under K.S.A. 59-2209, it is published once a week for three consecutive weeks under K.S.A. 59-2209, and the petitioner mails the notice, petition, attachments, and will when applicable within the statutory mailing window. The petitioner also arranges notice to creditors under K.S.A. 59-709.
- If there is a surviving spouse, make sure the elective-share notice required by K.S.A. 59-2233 is handled. That notice is separate from ordinary heir and creditor notice.
- Attend the hearing in Coldwater unless the court grants a remote appearance request under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). At or after the hearing, 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 letters are granted, file the inventory and valuation within 30 days under K.S.A. 59-1201 unless the court grants more time. Publish and mail required notices, identify debts, handle claims under K.S.A. 59-2239, pay allowed debts, pay taxes, and keep estate funds separate.
- Close the estate by petitioning for final settlement under K.S.A. 59-2247. The court's final decree assigns the estate under K.S.A. 59-2249, and real estate matters may require additional transfer steps after the decree.
Forms and documents
Probate forms in Comanche County
Kansas publishes free statewide forms through the Kansas Judicial Council, but Comanche County does not publish a local probate petition form, local probate cover sheet, or local probate rule for opening an estate in Coldwater. The statewide forms you may need include 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 under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
Kansas does not publish a fill-in petition for probate of a will or for administration. Those petitions are drafted from Kansas statutes, including K.S.A. 59-2219 and K.S.A. 59-2220, or with attorney help. Court staff may file documents and collect the K.S.A. 59-104 fee, but they do not draft the petition for you.
Local nuance
Comanche County-specific considerations
| Local point | What it means |
|---|---|
| One Coldwater filing office | Comanche County shares Kansas's 16th Judicial District with five other counties (K.S.A. 4-217), but the Comanche County filing office is the clerk of the district court in Coldwater (K.S.A. 20-343). |
| District magistrate judge | The Kansas Judicial Branch lists a district magistrate judge seated in Comanche County. Kansas district magistrate judges can hear Kansas Probate Code matters under K.S.A. 20-302b. |
| No county self-help center listing | The Kansas Judicial Branch self-help directory does not list a District Court Self-Help Center for Comanche County. Start with the clerk's filing office, statewide Kansas Judicial Council forms, and Kansas Legal Services. |
| CaseSearch document date | Comanche County joined the Kansas eCourt case management system on September 12, 2022. Documents filed from that date forward can be reached through Kansas Courts CaseSearch. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The $22 surcharge under K.S.A. 59-104 was extended through June 30, 2030, making the Comanche County probate estate filing total $131.50 under K.S.A. 59-104 during that period. |
| 2026 | A nonresident fiduciary's resident agent may reside anywhere in Kansas under K.S.A. 59-1706, rather than only in the county of appointment. |
| July 1, 2024 | The publication window for notice to creditors under K.S.A. 59-709 changed to 30 days after filing. |
| July 1, 2023 | The small estates affidavit ceiling is $75,000 under K.S.A. 59-1507b. |
| September 12, 2022 | Comanche County began operating on the Kansas eCourt case management system, which affects when case documents appear through Kansas Courts CaseSearch. |
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed and title. If the home was in joint tenancy, a termination of joint tenancy filing is a $70.50 filing, effective July 1, 2026 through June 30, 2030 under K.S.A. 59-104. If an estate must be opened, file in Coldwater. The spouse may also need attention to the homestead allowance under K.S.A. 59-6a215, the spouse and minor children allowance under K.S.A. 59-403, and the elective-share notice under K.S.A. 59-2233. | Sunset organizes the asset list, title questions, debts, and family contacts so the estate settlement path is clearer before filing. |
| Out-of-state adult child with small estate | If the estate has no real estate and the probate assets qualify, the small estates affidavit under K.S.A. 59-1507b can be used for personal property when the estate is $75,000 or less under K.S.A. 59-1507b, effective July 1, 2023. If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-706 and K.S.A. 59-1706. A remote appearance request can be made under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset helps find accounts, identify whether real estate blocks affidavit use, and connect the family with Comanche County filing help or a Kansas attorney. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not move real estate. Ask whether refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301, or simplified or supervised administration under K.S.A. 59-3202 fits the facts. If there is a will, protect the K.S.A. 59-617 six-month will deadline before focusing on the sale. | Sunset builds the asset and debt picture, flags the real estate issue, and helps prepare for a local attorney conversation about marketable title and the filing in Coldwater. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the district court, Comanche County (K.S.A. 20-343) | Files probate papers at 201 S New York Avenue, Coldwater, KS 67029. Mail to PO Box 722, Coldwater, KS 67029. Phone 620-582-2182. Fax 620-582-2603. Hours are 8 a.m. to 5 p.m. |
| Kansas Judicial Branch probate and elder law self-help | self-help.kscourts.gov/ProbateAndElderLaw. Explains Kansas probate topics and links to statewide forms and Kansas Legal Services. |
| Kansas Judicial Council forms | kjc.ks.gov/legal-forms. Includes the small estates affidavit under K.S.A. 59-1507b, Self-Represented Litigant Certification Form, case-filing cover sheets, Poverty Affidavit under 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). |
| Kansas Legal Services | Free and reduced-cost civil legal help for low and moderate income Kansans in all 105 counties, subject to eligibility and case priorities. Intake is 316-267-3975, weekdays from 8:00 a.m. to 4:30 p.m. |
| 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 this as an attorney referral route. |
| Kansas Courts CaseSearch | casesearch.kscourts.gov. Search Comanche County district court case information. Documents in Comanche County cases are online for filings from September 12, 2022 forward. |
When to hire an attorney
A lawyer is especially useful in Comanche County when there is a will close to the K.S.A. 59-617 six-month deadline, real estate to sell, a disagreement among heirs, creditor issues under K.S.A. 59-2239, or a need to draft a petition because no Comanche County local probate petition form is published. Counsel also avoids the practical problem of paper, mail, fax, or drop box filing for a self-represented filer while attorneys use electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify bank accounts, retirement accounts, insurance, investments, and other property that may shape the Comanche County estate settlement plan.
Generate the probate packet. Sunset organizes the family information, asset list, debts, and court-ready details needed for a Kansas probate filing, including the forms that must accompany a new case in Coldwater.
Find a local probate attorney. If the estate needs legal drafting, real estate sale authority, a K.S.A. 59-617 will-deadline strategy, or help with a hearing, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset to move the estate settlement forward, understand the likely path, and decide when attorney help is worth it.
Frequently asked questions
Where do I file probate in Comanche County, Kansas?
File with the clerk of the district court for Comanche County at the Comanche County Courthouse, 201 S New York Avenue, Coldwater, KS 67029 (K.S.A. 20-343). Mail filings go to PO Box 722, Coldwater, KS 67029.
Can I use e-filing for a Comanche County probate case?
Kansas-licensed attorneys use electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). If you are filing without a lawyer, use the in-person, mail, fax, or drop box filing channels for the clerk of the district court in Comanche County (K.S.A. 20-343).
What is the filing fee to open probate in Comanche County?
The probate estate or will filing total is $131.50, effective July 1, 2026 through June 30, 2030 under K.S.A. 59-104. That amount includes the $109.50 statutory fee and the $22 surcharge under K.S.A. 59-104. Other court costs may be assessed as the court directs under K.S.A. 59-104(d).
Is there a Comanche County probate form packet?
No Comanche County-specific probate petition form is published for opening an estate. Use 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.
How do I look up a Comanche County probate case?
Use Kansas Courts CaseSearch at casesearch.kscourts.gov. Comanche County case documents are available online for filings from September 12, 2022 forward, while case information is searchable statewide.
Can I appear by phone or video instead of traveling to Coldwater?
You can ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103) by motion, and you must notify the other parties. The judge has discretion to grant or deny the request, so ask the clerk for local instructions before the hearing date.
What is the Kansas will deadline I should know about in Comanche County?
If the decedent was a Kansas resident, a will must be protected within the K.S.A. 59-617 six-month deadline. A family that is not ready for a full estate can ask about filing a will or copy with an affidavit under K.S.A. 59-618a before that deadline.
Does Comanche County have a District Court Self-Help Center?
The Kansas Judicial Branch self-help directory does not list a District Court Self-Help Center for Comanche County. Use the clerk's filing office in Coldwater, Kansas Judicial Council forms, Kansas Legal Services, and attorney referral resources.
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.