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Ellis County, KS Probate Information
Quick facts
| Item | Ellis County details |
|---|---|
| Court | Ellis County District Court, in Kansas's 23rd Judicial District (K.S.A. 4-224) |
| Filing office | Clerk of the district court, appointed for Ellis County under K.S.A. 20-343 |
| Courthouse address | Ellis County Courthouse, 107 W 12th St., Hays, KS 67601 |
| Mailing address | 107 W 12th St., Hays, KS 67601 |
| Phone | 785-628-9415 |
| Fax | 785-628-8415 |
| [email protected] | |
| Hours | Each weekday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. The office closes to the public at 4:30 p.m. |
| Filing fee | Effective July 1, 2026 through June 30, 2030, a probate estate filing is $131.50 under K.S.A. 59-104, made up of the $109.50 statutory fee plus the $22 surcharge. Other court costs are handled under K.S.A. 59-104(d). |
| Local forms | Ellis County does not publish a county-specific probate packet. Use the free statewide Kansas Judicial Council forms where they apply. |
| E-filing | Kansas-licensed attorneys must e-file under Rule 122 (Kan. Sup. Ct. R. 122). A person filing without a lawyer uses the clerk's office, mail, fax or the courthouse drop box. |
| Drop box | Available at the courthouse. A filing deposited by 4:00 p.m. local time counts that day under the Kansas filing rule for people without lawyers. |
| Case search | Kansas Courts CaseSearch is the statewide free case-information search. Ellis County eCourt documents begin July 11, 2022; older public records and records not online are available at the courthouse terminal. |
| Remote appearance | A remote appearance is discretionary under Rule 103 (Kan. Sup. Ct. R. 103). Use the Kansas Judicial Council motion form and ask the clerk what the judge requires. |
| Website | 23rd Judicial District site, Ellis County page |
Before you begin — know the assets and liabilities
Before choosing a filing path, list the assets, debts, title documents, beneficiary designations and whether a will exists. In Ellis County, that first review determines whether you need a court petition in Hays, a holder-facing small estates affidavit under K.S.A. 59-1507b, or a different Kansas probate route.
Sunset's estate settlement tools help families organize that picture before forms are drafted. Sunset can search across more than 2,300 financial institutions for accounts and assets, then help assemble the information a Kansas probate filing needs.
Which court handles jurisdiction
Probate for Ellis County is filed with the clerk of the district court under K.S.A. 20-343 at the Ellis County Courthouse, 107 W 12th St. in Hays. Ellis County shares Kansas's 23rd Judicial District with Gove, Rooks and Trego counties (K.S.A. 4-224), but that shared district is not a shared filing counter. An Ellis County case stays in Hays.
Venue in a Kansas probate case is governed by K.S.A. 59-2203. If a Kansas resident died owning real property in the county where the person lived, proceedings belong in that county. If the person lived in Kansas but did not own real property in the county of residence, proceedings may be filed in the county of residence or in any county where the person owned real property. If the decedent was not a Kansas resident, proceedings may be filed in any county where estate property is to be administered. If more than one county is used, the first-filed case controls while venue is decided, and a case filed in the wrong county is transferred.
The jurisdiction process
- Start with the death certificate, the will if there is one, the asset list, debts, real estate records and family contact information. If the decedent was a Kansas resident and left a will, decide before six months from death whether to file a petition to probate the will or at least preserve it by filing a will or copy with an affidavit under K.S.A. 59-618a, because K.S.A. 59-617 controls whether the will can pass property.
- Choose the Kansas route before drafting. The small estates affidavit under K.S.A. 59-1507b is furnished to the asset holder for qualifying personal property. A court case in Hays may instead involve 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 statutory requirements. If you want simplified administration under K.S.A. 59-3202, ask for it in the petition and give reasons. Add the case-filing cover sheet and, if you are filing without a lawyer, the Self-Represented Litigant Certification Form.
- File with the clerk of the district court under K.S.A. 20-343 at 107 W 12th St. in Hays. You may file at the counter before it closes to the public at 4:30 p.m., by mail, by fax to 785-628-8415, or in the courthouse drop box. Effective July 1, 2026 through June 30, 2030, the probate estate filing is $131.50 under K.S.A. 59-104, made up of $109.50 plus the $22 surcharge, unless the court grants a Poverty Affidavit under K.S.A. 59-104.
- The court fixes the hearing under K.S.A. 59-2222. Notice is published once a week for three consecutive weeks and mailed with the petition, attachments and will where required under K.S.A. 59-2209. The notice to creditors is published within 30 days after filing under K.S.A. 59-709.
- Mail the required notice of the elective-share rights to a surviving spouse when Kansas law requires it. If a remote appearance is needed, file the Kansas Judicial Council motion and ask under Rule 103 (Kan. Sup. Ct. R. 103) before the hearing.
- Attend 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 when the statutory requirements are met.
- After letters are granted, file the inventory and valuation within 30 days under K.S.A. 59-1201 unless the court allows more time. Publish and mail required notices, collect assets, manage bills, and track claims. A demand is barred unless presented within the later of four months from first publication or 30 days after actual notice when K.S.A. 59-2239 applies.
- Pay allowed debts, expenses and taxes, then seek final settlement. Kansas closes through the petition for final settlement and accounting and the court's final decree assigning the estate under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Ellis County
Ellis County does not publish a county-specific probate form packet, probate checklist or local probate cover sheet. The statewide Kansas Judicial Council forms are the starting point for a person filing without a lawyer, including the Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, case-filing cover sheets, the Poverty Affidavit under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video for a request under Rule 103 (Kan. Sup. Ct. R. 103).
Kansas does not provide a fill-in petition for opening a probate estate. A petition for administration or probate of a will is drafted from the Kansas Probate Code, including K.S.A. 59-2219 and K.S.A. 59-2220, or with a lawyer's help. The 23rd Judicial District (K.S.A. 4-224) also posts local rules, but use the clerk's office or an attorney for current filing instructions rather than assuming a probate form exists.
Local nuance
Ellis County-specific considerations
| Local point | What it means in Ellis County |
|---|---|
| One courthouse | File Ellis County probate in Hays with the clerk of the district court under K.S.A. 20-343, even though Ellis County is part of Kansas's 23rd Judicial District with Gove, Rooks and Trego counties (K.S.A. 4-224). |
| Counter hours | The clerk's office is open each weekday from 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., but it closes to the public at 4:30 p.m. Call 785-628-9415 before making a filing trip near a holiday. |
| Online records date | Ellis County joined Kansas eCourt on July 11, 2022. Case information is available through Kansas Courts CaseSearch, and documents from that date forward may be available online. Older public records and records not online are available at the courthouse terminal. |
| Self-help room | The Ellis County District Court Self-Help Center is open each weekday from 8:00 a.m. to 4:30 p.m., closed noon to 1:00 p.m. It is not staffed, so it offers forms, computers, a printer, private meeting space and resource guides, not case advice. |
| Office email | The clerk's office publishes an office email, [email protected], along with phone and fax contact information. |
Recent updates
| Update | What changed |
|---|---|
| 2026 docket-fee surcharge | Effective July 1, 2026 through June 30, 2030, the $22 probate surcharge remains part of the $131.50 probate estate filing under K.S.A. 59-104. |
| 2026 nonresident fiduciary rule | A nonresident fiduciary's resident agent may reside anywhere in Kansas, with the appointment filed in the district court under K.S.A. 59-1706. |
| 2024 creditor notice timing | The notice to creditors publication window is 30 days after filing under K.S.A. 59-709. |
| 2023 small estates affidavit | Effective July 1, 2023, the Small Estates Affidavit ceiling is $75,000 under K.S.A. 59-1507b. |
| 2025 case search | Kansas Courts CaseSearch became the statewide public case-information tool. Ellis County eCourt documents begin July 11, 2022. |
Scenarios
| Situation | Likely Ellis County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking how the Hays-area home is titled. A joint-tenancy filing may be separate from estate administration. Also watch the spouse's notice rights, the homestead allowance under K.S.A. 59-6a215, and the family allowance under K.S.A. 59-403. | Sunset helps identify accounts, title issues and debts so the spouse can see whether an Ellis County court filing is needed for the estate settlement. |
| Out-of-state adult child with small estate | If the Kansas resident's probate assets are $75,000 or less under K.S.A. 59-1507b and no real estate needs to be transferred, the Small Estates Affidavit under K.S.A. 59-1507b may clear personal property through the holder. If letters are needed, an out-of-state personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-706 and K.S.A. 59-1706. | Sunset organizes institution searches and documents, then helps decide whether a filing in Hays, a resident agent appointment, or a remote appearance request under Rule 103 (Kan. Sup. Ct. R. 103) should be discussed with counsel. |
| 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. The family should 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, and should protect any will before six months under K.S.A. 59-617. | Sunset helps build the asset list, generate the probate packet, and connect the family with a Kansas probate attorney when a home sale or title order is involved. |
Self-help resources
| Resource | How it helps | Contact or access |
|---|---|---|
| Ellis County District Court Self-Help Center | Not staffed. Offers paper court forms, computers, a printer, private meeting space and community resource guides. Open each weekday from 8:00 a.m. to 4:30 p.m., closed noon to 1:00 p.m. | Ellis County Courthouse, 107 W 12th St., Hays |
| Kansas Judicial Branch probate self-help | Statewide probate and elder-law information, including links to forms and general explanations. | self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms, including the Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, case-filing cover sheets, the Poverty Affidavit under K.S.A. 59-104, and the motion form for a remote appearance under Rule 103 (Kan. Sup. Ct. R. 103). | kjc.ks.gov/legal-forms |
| Kansas Legal Services | Free and reduced-cost civil legal help for eligible Kansans, subject to case priorities and intake screening. | 316-267-3975, 8:00 a.m. to 4:30 p.m. each weekday |
| Kansas Elder Hotline | Legal-information hotline for Kansas residents age 60 or older. | 316-267-3975 |
| Kansas Bar Association lawyer referral | Referral route for finding a private attorney. | ksbar.org/?pg=clientreferrals |
When to hire an attorney
A probate attorney is especially useful in Ellis County when a will might be close to the six months deadline under K.S.A. 59-617, when real estate must be sold, when heirs disagree, when creditor issues are unclear under K.S.A. 59-2239, or when a nonresident fiduciary needs a Kansas resident agent under K.S.A. 59-1706. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize real estate, debts, insurance and beneficiary information so the Ellis County estate settlement starts with a usable asset picture.
Generate the probate packet. Sunset uses the information you provide to prepare a probate packet tailored to Kansas requirements, including the court, filing office, notices and local Ellis County filing details.
Find a local probate attorney. When the estate needs legal judgment, such as a home sale, a will deadline, creditor disputes or a nonresident fiduciary, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Sunset helps families move through estate settlement without charging them for the core planning, organization and attorney-matching support.
Frequently asked questions
Where do I file probate in Ellis County, Kansas?
File with the clerk of the district court under K.S.A. 20-343 at the Ellis County Courthouse, 107 W 12th St. in Hays. Ellis County is part of Kansas's 23rd Judicial District (K.S.A. 4-224), but Ellis County probate is filed in Hays.
Does the 23rd Judicial District mean I file in Gove, Rooks or Trego County?
No. Kansas's 23rd Judicial District includes Ellis, Gove, Rooks and Trego counties (K.S.A. 4-224), but each county has its own clerk of the district court under K.S.A. 20-343. An Ellis County probate filing stays in Hays.
Can I e-file an Ellis County probate case?
Kansas-licensed attorneys must e-file under Rule 122 (Kan. Sup. Ct. R. 122). A person filing without a lawyer files with the Ellis County clerk's office in person, by mail, by fax or by drop box.
What is the filing fee to open a probate estate in Ellis County?
Effective July 1, 2026 through June 30, 2030, the probate estate filing is $131.50 under K.S.A. 59-104, made up of the $109.50 statutory fee plus the $22 surcharge. A Poverty Affidavit may be requested under K.S.A. 59-104 if the filer cannot pay.
What are the Ellis County clerk's hours?
The clerk's office is open each weekday from 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., with the public counter closing at 4:30 p.m. If you are close to a deadline, call 785-628-9415 before traveling.
Is there a six months deadline for a will in Ellis County?
Yes. For a Kansas resident, a will cannot pass property unless a petition to probate it is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). If the family is not ready for a full estate, ask about preserving the will by filing a will or copy with an affidavit under K.S.A. 59-618a.
Can I appear by phone or video for an Ellis County probate hearing?
Possibly. A remote appearance is discretionary under Rule 103 (Kan. Sup. Ct. R. 103). File the Kansas Judicial Council motion, notify the other parties, and ask the clerk what the assigned judge requires.
How do I look up an Ellis County probate case?
Use Kansas Courts CaseSearch for public case information. Ellis County eCourt documents begin July 11, 2022, so documents from that date forward may be online. Older public records and records not shown online are available at the courthouse terminal.
Does Ellis County have local probate forms?
Ellis County does not publish a county-specific probate packet. Use statewide Kansas Judicial Council forms where they apply, including the Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form and the case-filing cover sheet.
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.