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Ellsworth County, KS Probate Information
Quick facts
| Item | Ellsworth County information |
|---|---|
| Court | Ellsworth County District Court |
| Courthouse address | Ellsworth County Courthouse, 210 N Kansas Avenue, Ellsworth, KS 67439 |
| Mailing address | 210 N Kansas Avenue, Ellsworth, KS 67439 |
| Clerk phone | 785-472-4052 |
| Fax | 785-472-5712 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. No midday closure is posted on the clerk's page. |
| Filing fee | Probate of an estate or of a will is $131.50, effective July 1, 2026 through June 30, 2030, made up of the $109.50 statutory amount plus the $22 surcharge under K.S.A. 59-104. Other court costs are taxed as the court directs under K.S.A. 59-104(d). |
| E-filing | Kansas-licensed attorneys file electronically under Kan. Sup. Ct. R. 122. A person filing without a lawyer uses the clerk's in person, mail, fax, or drop box filing channels. |
| Drop box | Available for Ellsworth County filings. A self-represented filing placed in the drop box by 4:00 p.m. local time counts as filed that day. |
| County specific forms | The Ellsworth County clerk's page does not publish a probate packet. Use the statewide Kansas Judicial Council forms described below. |
| Case search | Kansas Courts CaseSearch, https://casesearch.kscourts.gov/. Ellsworth County joined Kansas eCourt on July 11, 2022, so online documents begin from that date when public access is allowed. |
| Remote appearance | A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Use the Kansas Judicial Council motion form and ask the clerk which instructions the judge wants followed. |
| Court website | https://www.ellsworthcounty.org/government/district_court/index.php |
Before you begin — know the assets and liabilities
Before you file anything in Ellsworth County, list the assets, debts, title documents, beneficiary designations, and the location of the original will or any copy. Kansas estate settlement choices depend on what property is actually subject to probate, whether real estate is involved, whether a will must be preserved within six months under K.S.A. 59-617, and whether the family needs letters from the court.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then helps organize what you found into the probate path that fits Ellsworth County filing practice.
Which court handles jurisdiction
File Ellsworth County probate matters with the clerk of the district court at the Ellsworth County Courthouse in Ellsworth. The clerk of the district court is a county office in each Kansas county under K.S.A. 20-343, so an Ellsworth County case is filed in Ellsworth, not at another 20th Judicial District courthouse.
Ellsworth County is part of Kansas's 20th Judicial District under K.S.A. 4-221, together with Barton, Rice, Russell and Stafford counties. The district number identifies the administrative district, but the court for this page is the Ellsworth County District Court.
Venue for probate of a will or administration is governed by K.S.A. 59-2203. If the decedent was a Kansas resident and owned real property in the county of residence, file in that county. If the decedent did not own real property in the county of residence, the case may be filed in the county of residence or in any county where the decedent owned real property. If the decedent was not a Kansas resident, the case may be filed in any Kansas county where the decedent left estate to be administered. If proceedings are started in more than one county, the first legally commenced case controls while venue is determined, and a case filed in the wrong county can be transferred.
The jurisdiction process
- Find the death certificate, the will, any copy of the will, asset statements, deeds, vehicle titles, beneficiary designations, debts, and family contact information. If there is a Kansas will, decide immediately whether to petition for probate or at least preserve the will, because 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 provision applies (K.S.A. 59-617).
- Choose the Kansas route before preparing papers. A small estates affidavit under K.S.A. 59-1507b is furnished to the bank or other holder for qualifying personal property and is not a court filing. A refusal to grant letters of administration under K.S.A. 59-2287, a determination of descent under K.S.A. 59-2250, filing a will and affidavit under K.S.A. 59-618a, informal administration under K.S.A. 59-3301, and simplified administration or supervised administration under K.S.A. 59-3202 are court routes. If you want simplified administration, the petition must ask for it and give reasons.
- Prepare the petition for the route you selected, attach the will if it can be produced, and add the statewide case filing cover sheet. If you are representing yourself, add the Self-Represented Litigant Certification Form. If you cannot afford the $131.50 effective July 1, 2026 through June 30, 2030 filing charge for probate of an estate or of a will under K.S.A. 59-104, ask about filing a Poverty Affidavit under K.S.A. 59-104.
- File with the clerk of the district court at the Ellsworth County Courthouse, 210 N Kansas Avenue, Ellsworth, KS 67439. A self-represented filer may file in person, by mail, by fax to 785-472-5712, or in the Ellsworth County drop box. Kansas-licensed attorneys use electronic filing under Kan. Sup. Ct. R. 122.
- After the petition is filed, the court fixes the time and place for hearing under K.S.A. 59-2222. If travel to Ellsworth is difficult, file a motion asking to appear by phone or video. A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the judge can grant or deny the request.
- Give notice as ordered. Hearing notice is published once each week for three consecutive weeks, with mailing to heirs, devisees and legatees within seven days after the first publication, and the hearing date is set within the window stated in K.S.A. 59-2209. The petitioner also gives notice to creditors under K.S.A. 59-709, and the personal representative gives actual notice to known or reasonably ascertainable creditors.
- Attend the hearing. The court, not the clerk, admits the will if appropriate, appoints the executor or administrator, and grants letters testamentary under K.S.A. 59-701 or letters of administration under K.S.A. 59-705.
- After letters are granted, the personal representative files the inventory and valuation within 30 days unless the court grants more time (K.S.A. 59-1201), collects assets, gives required notices, pays approved debts and taxes, and manages the estate under the court's order.
- Track creditor deadlines carefully. Demands 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, and K.S.A. 59-2239 also contains a separate six month rule tied to claims or liens against the decedent's property when no timely petition is filed.
- When the estate is ready to close, file the petition for final settlement and accounting. The court settles the account and enters the final decree assigning the estate under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Ellsworth County
Kansas publishes free statewide forms through the Kansas Judicial Council, but Ellsworth County does not publish a local probate packet on the clerk's page. Use the statewide forms that match your filing channel and route, and call the Ellsworth County clerk before mailing or faxing if you are unsure which documents the court needs for your specific case.
| Form or resource | Why it matters in Ellsworth County |
|---|---|
| Small Estates Affidavit | Used for qualifying personal property under K.S.A. 59-1507b. The $75,000 ceiling became effective July 1, 2023 under K.S.A. 59-1507b, and the affidavit is given to the property holder rather than filed as a new Ellsworth County case. |
| Case filing cover sheet | Required when opening a new district court case. |
| Self-Represented Litigant Certification Form | Required when you file without a lawyer. |
| Poverty Affidavit | Used to ask the court to waive or defer the filing charge under 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 | Use this if filing by fax to the Ellsworth County clerk. |
Local nuance
Ellsworth County-specific considerations
| Local point | What it means |
|---|---|
| 20th Judicial District filing counter | Ellsworth County is in Kansas's 20th Judicial District under K.S.A. 4-221, but probate is filed at the Ellsworth County courthouse in Ellsworth through the clerk of the district court under K.S.A. 20-343. |
| Chief judge resident in Ellsworth County | The 20th Judicial District's chief judge is resident in Ellsworth County. That does not change where you file, but it is a local court structure point that distinguishes Ellsworth from many small counties. |
| District magistrate judge | The district lists a district magistrate judge resident in Ellsworth County. A district magistrate judge may hear Kansas probate matters, including matters involving real estate title, under K.S.A. 20-302b. |
| Kansas eCourt date | Ellsworth County began operating on Kansas eCourt on July 11, 2022. Case information is searched through Kansas Courts CaseSearch, while online documents depend on public access rules and the July 11, 2022 start date. |
| Self-help center | Ellsworth County has a staffed District Court Self-Help Center open Monday through Friday, 8:00 a.m. to 5:00 p.m., with computers and a printer. No Legal Aid Day is listed. |
Recent updates
| Date | Update |
|---|---|
| April 3, 2026 | HB 2393 extended the $22 surcharge authority through June 30, 2030. The probate of an estate or of a will remains $131.50 effective July 1, 2026 through June 30, 2030 under K.S.A. 59-104. |
| April 9, 2026 | SB 480 changed the nonresident fiduciary resident agent rule so the agent must reside in Kansas, not specifically in the county of appointment, under K.S.A. 59-1706. |
| July 1, 2024 | The publication window for notice to creditors moved to 30 days after filing under K.S.A. 59-709. |
| July 1, 2023 | The small estates affidavit ceiling became $75,000 effective July 1, 2023 under K.S.A. 59-1507b. |
| July 11, 2022 | Ellsworth County began operating on Kansas eCourt, which affects when public online documents may appear in Kansas Courts CaseSearch. |
Scenarios
| Situation | Likely Ellsworth County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking the deed and title. If a court filing is needed, the spouse may need an Ellsworth County filing tied to joint tenancy or administration, plus attention to the $75,000 homestead allowance effective July 1, 2023 under K.S.A. 59-6a215, the $75,000 spouse and minor children allowance effective July 1, 2023 under K.S.A. 59-403, and the surviving spouse notice rules. | Sunset helps identify the accounts, debts, real estate records, and title facts before the family pays to open a case. |
| Out-of-state adult child w/ small estate | If the estate consists of qualifying personal property and no real estate needs court action, the small estates affidavit under K.S.A. 59-1507b may fit. The $75,000 ceiling became effective July 1, 2023 under K.S.A. 59-1507b. If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent in writing under K.S.A. 59-706 and K.S.A. 59-1706, and may ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset helps collect institution details, flag whether letters are needed, and prepare for a local attorney handoff when the family lives outside Kansas. |
| Parent settling predeceased child's estate, home must be sold | A small estates affidavit under K.S.A. 59-1507b does not transfer the home. 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. If there is a will, protect the six month deadline under K.S.A. 59-617. | Sunset helps organize the asset list, mortgage and debt information, and real estate documents so the Ellsworth County filing can be matched to the sale plan. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Ellsworth County District Court | Filing office for Ellsworth County probate. The clerk can accept filings and payments, but cannot give legal advice or draft your petition. | 210 N Kansas Avenue, Ellsworth, KS 67439. Phone 785-472-4052. Fax 785-472-5712. Email [email protected]. |
| Ellsworth County District Court Self-Help Center | Staffed self-help center with computers and a printer. No Legal Aid Day is listed. | Monday through Friday, 8:00 a.m. to 5:00 p.m., at the courthouse. |
| Kansas Judicial Branch probate self-help | Statewide probate and elder law information, glossary, and links to forms. | https://self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms, including the Small Estates Affidavit under K.S.A. 59-1507b, case filing cover sheet, Self-Represented Litigant Certification Form, 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). | 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. | 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m. Online applications run Monday morning through Thursday afternoon. |
| Kansas Elder Hotline | Legal advice program through Kansas Legal Services for Kansas residents age 60 or older who qualify. | 316-267-3975 |
| Kansas Bar Association Lawyer Referral Service | Referral route for finding a Kansas lawyer. | https://www.ksbar.org/?pg=clientreferrals |
When to hire an attorney
A probate attorney is especially useful in Ellsworth County when the will deadline is close, heirs disagree, real estate must be sold, the petitioner lives outside Kansas, creditor issues are likely, or the family is choosing among refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301, and simplified administration under 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 financial institutions and helps turn scattered account information into a clear estate settlement inventory for the family and the attorney.
Generate the probate packet. Sunset helps organize the death certificate, will information, heirs, assets, debts, and Ellsworth County filing details so the court paperwork can be prepared with fewer gaps.
Find a local probate attorney. When the estate needs legal work, Sunset helps connect families with a vetted Kansas probate attorney who can file in the Ellsworth County District Court.
Sunset is free for families. Sunset's estate settlement tools are designed to help families understand what exists, what needs court authority, and what can be handled outside probate before money is spent on the wrong step.
Frequently asked questions
Where do I file probate in Ellsworth County?
File at the Ellsworth County District Court through the clerk of the district court at the Ellsworth County Courthouse, 210 N Kansas Avenue, Ellsworth, KS 67439. The clerk of the district court is the filing office in each county under K.S.A. 20-343.
Is Ellsworth County probate handled in Great Bend because Barton County is also in the 20th Judicial District?
No. Ellsworth County is in Kansas's 20th Judicial District under K.S.A. 4-221, but Ellsworth County probate is filed in Ellsworth. Each county has its own clerk of the district court under K.S.A. 20-343.
Can I e-file an Ellsworth County probate case if I do not have a lawyer?
Kansas-licensed attorneys file electronically under Kan. Sup. Ct. R. 122. A person filing without a lawyer uses the Ellsworth County clerk's in person, mail, fax, or drop box options.
Can I file by fax in Ellsworth County?
Yes. The Ellsworth County District Court fax number is 785-472-5712. A fax filing should use the statewide Rule 119 Fax Transmission Sheet, and the filing charge for probate of an estate or of a will is $131.50 effective July 1, 2026 through June 30, 2030 under K.S.A. 59-104 unless the court allows a Poverty Affidavit under K.S.A. 59-104.
How much does it cost to open probate in Ellsworth County?
Probate of an estate or of a will is $131.50 effective July 1, 2026 through June 30, 2030 under K.S.A. 59-104. That amount is the $109.50 statutory charge plus the $22 surcharge under K.S.A. 59-104. Publication, service, attorney, personal representative, and other court costs can be added as the court directs under K.S.A. 59-104(d).
Can I appear remotely for an Ellsworth County probate hearing?
You can ask. Remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). File the Kansas Judicial Council motion, notify the other parties, and ask the Ellsworth County clerk what instructions the judge wants followed.
How do I look up an Ellsworth County probate case?
Use Kansas Courts CaseSearch at https://casesearch.kscourts.gov/. Ellsworth County joined Kansas eCourt on July 11, 2022, so online documents are tied to that start date and public access rules. More public case material may be available at the courthouse terminal.
Does Ellsworth County have local probate forms?
The Ellsworth County clerk's page does not publish a probate packet. Use the statewide Kansas Judicial Council forms, including the case filing cover sheet, Self-Represented Litigant Certification Form, Poverty Affidavit under K.S.A. 59-104, Motion to Appear in Court by Phone or Video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and Small Estates Affidavit under K.S.A. 59-1507b.
What is the Kansas deadline for a will in Ellsworth County?
If the decedent was a Kansas resident, a will cannot pass property unless a petition for probate is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). If the family is not ready to open a full estate settlement, ask quickly about filing a will and affidavit under K.S.A. 59-618a.
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.