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Franklin County, KS Probate Information
Quick facts
| Item | Franklin County detail |
|---|---|
| Court | Franklin County District Court, in Kansas's 4th Judicial District (K.S.A. 4-205) |
| Courthouse address | Franklin County Courthouse, 301 S Main St., Ottawa, KS 66067 |
| Mailing address | 301 S Main St., Ottawa, KS 66067 |
| Filing office | Clerk of the district court at the Franklin County Courthouse (K.S.A. 20-343) |
| Phone | 785-242-6000 |
| Fax | 785-242-5970 |
| Hours | Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. |
| Filing fee | $131.50, current as of August 2026, for a probate estate, made up of the $109.50 statutory amount and 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). |
| County-specific forms | No Franklin County probate packet is published. Use the required statewide case-filing cover sheet and, if filing without a lawyer, the Self-Represented Litigant Certification Form. |
| E-filing | Kansas-licensed attorneys must e-file under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses in-person filing, mail, fax or the Franklin County drop box. |
| Drop box | Available in Franklin County. A self-represented filing placed in the drop box by 4:00 p.m. local time counts as filed that day. |
| Case search | Kansas Courts CaseSearch is free for public case information. Franklin County joined Kansas eCourt on November 2, 2020, so online documents depend on that start date. |
| Remote appearance | A judge may allow a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Use the Judicial Council motion form and ask the clerk about the court's current instructions. |
| Website | Franklin County's court pages are on franklincoks.org, with district contact information also listed by the Kansas Judicial Branch. |
Before you begin — know the assets and liabilities
Before you file anything in Franklin County, make a working list of the assets, debts, accounts, real estate and possible heirs. Kansas probate choices turn on what property exists, whether a will must be preserved within six months under K.S.A. 59-617, and whether the estate settlement needs court authority or can use a narrower route.
Sunset searches across more than 2,300 financial institutions to help families find accounts and assets before they choose a filing path. That asset picture helps you decide what to bring to the Franklin County clerk of the district court, what to ask an attorney, and whether a bank or transfer agent may accept a non-court affidavit.
Which court handles jurisdiction
Franklin County probate is filed with the clerk of the district court at the Franklin County Courthouse in Ottawa (K.S.A. 20-343). Franklin County shares Kansas's 4th Judicial District with Anderson, Coffey and Osage counties (K.S.A. 4-205), but Franklin County has its own filing counter, phone number and fax number, so a Franklin County estate settlement stays in Ottawa.
Venue in Kansas is not only where the decedent lived. If a Kansas resident owned real property in the county of residence, probate or administration is filed there. If the resident did not own real property in the county of residence, filing may be in the county of residence or in a county where the decedent owned real property. For a nonresident decedent, filing may be in any Kansas county where estate property is to be administered. A first-filed case controls unless the court transfers the file to the proper county (K.S.A. 59-2203).
The jurisdiction process
- Start with the death certificate, the will if one exists, a list of heirs and beneficiaries, and a list of assets and debts. If the decedent was a Kansas resident and left a will, decide quickly whether to petition for probate of the will or at least file the will or a copy with an affidavit, because a will cannot pass property unless the petition is filed within six months after death, subject to statutory savings provisions (K.S.A. 59-617; K.S.A. 59-618a).
- Choose the filing path. A small estates affidavit under K.S.A. 59-1507b can be presented to the holder of personal property when the estate fits that statute. Other Kansas paths include refusal to grant letters under K.S.A. 59-2287, determination of descent after the required time under K.S.A. 59-2250, informal administration under K.S.A. 59-3301, and simplified or supervised administration decided by the court under K.S.A. 59-3202.
- Prepare the petition for the Franklin County District Court. If you want simplified administration, ask for it in the petition and give reasons, because the court decides whether the estate proceeds as simplified or supervised administration (K.S.A. 59-3202).
- Add the required case-filing cover sheet. If you are representing yourself, add the Self-Represented Litigant Certification Form. If you cannot afford the filing fee, add a Poverty Affidavit under K.S.A. 59-104.
- File with the clerk of the district court at 301 S Main St. in Ottawa. A self-represented filer may file in person during the clerk's hours, by mail, by fax to 785-242-5970, or through the Franklin County drop box. The office is open Monday through Friday from 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m.; a drop-box filing placed by 4:00 p.m. local time counts as filed that day.
- Pay the $131.50 probate estate docket fee, current as of August 2026, unless the court grants fee relief. That amount includes the $109.50 statutory amount and the $22 surcharge under K.S.A. 59-104.
- After the petition is filed, the court fixes the hearing (K.S.A. 59-2222). Required hearing notice is published once a week for three consecutive weeks, the first publication is made within 30 days after the order setting the hearing, and mailing to heirs, devisees and legatees is made within seven days after the first publication with the petition and will attached unless the court excuses it (K.S.A. 59-2209).
- Give notice to creditors as ordered. The petitioner publishes notice to creditors within 30 days after filing the petition (K.S.A. 59-709), and 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).
- If there is a surviving spouse and the statute applies, send the required elective-share notice within 10 days of the triggering filing or qualification (K.S.A. 59-2233).
- Attend the hearing or ask in advance for permission to appear by phone or video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). The court, not the clerk, admits the will and grants letters testamentary to an executor or letters of administration to an administrator if appointment is ordered (K.S.A. 59-701; 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). The personal representative then collects assets, handles claims, pays taxes and expenses, and prepares to close.
- To close, file the petition for final settlement and accounting. The court enters the final decree assigning the estate, and when real estate is involved a certified copy is used for the transfer record as Kansas law requires (K.S.A. 59-2247; K.S.A. 59-2249).
Forms and documents
Probate forms in Franklin County
Franklin County does not publish a county-specific probate packet or local probate checklist. The county's self-help page points self-represented filers to the statewide Self-Represented Litigant Certification Form and states that it is required for filings.
Kansas statewide forms still matter. The Kansas Judicial Council provides the small estates affidavit under K.S.A. 59-1507b, the case-filing cover sheet, the Self-Represented Litigant Certification Form, the Poverty Affidavit under K.S.A. 59-104, the Rule 119 fax transmission sheet, and the motion to appear by phone or video for requests under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Kansas does not publish a fill-in petition for opening a probate estate, so the petition is drafted from the Kansas Probate Code requirements or with legal help.
Local nuance
Franklin County-specific considerations
| Local point | What it means in Franklin County |
|---|---|
| Ottawa name trap | Franklin County's courthouse is in the city of Ottawa, Kansas. Ottawa County, Kansas is a different county with a different court and a different county seat. |
| One filing counter | Franklin County shares the 4th Judicial District with Anderson, Coffey and Osage counties (K.S.A. 4-205), but Franklin County probate filings go to the clerk of the district court in Ottawa (K.S.A. 20-343). |
| Shorter public hours | The clerk's office publishes hours of 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. Plan around the lunch closure and the 4:00 p.m. daily close. |
| Drop box available | Franklin County has a courthouse drop box for self-represented filings. The neighboring 4th Judicial District counties of Anderson, Coffey and Osage are the named Kansas exceptions, but Franklin County is not. |
| Online document date | Franklin County joined Kansas eCourt on November 2, 2020, which matters for whether filed documents appear online through Kansas Courts CaseSearch. |
| Self-help room | Franklin County has a District Court Self-Help Center that is not staffed, plus a monthly Legal Aid Day on the third Tuesday. |
Recent updates
| Date | Update |
|---|---|
| April 2026 | Kansas extended the $22 surcharge authority through June 30, 2030, so the current Franklin County probate estate filing amount remains $131.50 under K.S.A. 59-104, current as of August 2026. |
| April 2026 | Kansas changed the nonresident fiduciary resident agent rule so the agent must reside in Kansas, not necessarily in the county of appointment (K.S.A. 59-1706). |
| November 2025 | Kansas Courts CaseSearch became the statewide public case-information search tool. |
| July 2024 | The Kansas notice to creditors publication window changed to 30 days after filing the petition (K.S.A. 59-709). |
| July 1, 2023 | The Kansas small estates affidavit amount became $75,000 under K.S.A. 59-1507b. |
Scenarios
| Situation | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home is titled. A co-owned home may need a non-estate real estate filing such as termination of joint tenancy under K.S.A. 59-104, while a probate estate may still be needed for accounts or other assets. The spouse should also watch for the required elective-share notice and ask about any homestead allowance under K.S.A. 59-6a215. | Sunset helps identify accounts, debts and title clues before the spouse decides whether a Franklin County probate filing is needed. |
| Out-of-state adult child with small estate | If the estate has no real estate and fits the $75,000 personal-property affidavit route under K.S.A. 59-1507b, the child may be able to work with the bank or holder instead of opening a court administration. 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 Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset organizes account information and can help generate the right packet or connect the family with a Kansas attorney for the resident-agent and hearing issues. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not transfer a house. 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 the Franklin County filing. If there is a will, keep the six-month will rule in view (K.S.A. 59-617). | Sunset helps collect the asset list, prepare a filing packet and connect the parent with a local probate attorney when a sale or title order is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Franklin County District Court Self-Help Center | Open Monday through Friday, 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m. It is not staffed. Resources include paper court forms, a computer and printer, a phone line for the Kansas Legal Services Access to Justice Advice Line, and community resource guides. | Franklin County Courthouse, 301 S Main St., Ottawa |
| Franklin County Legal Aid Day | Held on the third Tuesday of each month from 9:00 a.m. to 4:00 p.m. Walk-ins are accepted, but appointments are preferred. | Applications are available from the clerk or a legal aid attorney. |
| Kansas Judicial Branch probate self-help | Statewide probate and elder law information, including links to forms and plain-language resources. | 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). | kjc.ks.gov/legal-forms |
| Kansas Legal Services | Statewide nonprofit civil legal help for eligible Kansans. Call to ask about eligibility and case priorities. | 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m. |
| Kansas Elder Hotline | Free legal advice line for Kansas residents age 60 or older who qualify. | 316-267-3975 |
| Access to Justice Advice Line | Franklin County's self-help page lists this phone resource for civil legal questions. | 1-800-675-5860 |
| Kansas Lawyer Advice Line | Franklin County's self-help page lists this pay-per-minute lawyer advice line. | 1-800-928-3111, Monday through Friday, 8:30 a.m. to 5:00 p.m. |
| Kansas Bar Association Lawyer Referral Service | Referral route for finding a Kansas lawyer. | ksbar.org/?pg=clientreferrals |
When to hire an attorney
Consider a Kansas probate attorney if the will may be close to the six-month deadline under K.S.A. 59-617, heirs disagree, a house must be sold, a nonresident fiduciary needs a resident agent under K.S.A. 59-1706, creditor claims are disputed, or the petition must ask for informal administration under K.S.A. 59-3301 or 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 institutions so families can build a practical inventory before choosing a Franklin County probate path.
Generate the probate packet. Sunset turns the estate settlement information you provide into organized documents and next steps for filing with the clerk of the district court in Ottawa.
Find a local probate attorney. If the estate needs a house sale, a contested hearing, a resident agent, or help choosing between informal administration under K.S.A. 59-3301 and simplified administration under K.S.A. 59-3202, Sunset can connect you with Kansas probate counsel.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the filing path and decide when professional help is worth it.
Frequently asked questions
Where do I file probate in Franklin County, Kansas?
File with the clerk of the district court at the Franklin County Courthouse, 301 S Main St., Ottawa, KS 66067 (K.S.A. 20-343). Franklin County is in Kansas's 4th Judicial District (K.S.A. 4-205), but the filing counter for Franklin County is in Ottawa.
Is Franklin County the same as Ottawa County for probate?
No. Franklin County's county seat is the city of Ottawa, Kansas. Ottawa County, Kansas is a different county with a different court. Use the Franklin County Courthouse in Ottawa for a Franklin County estate settlement.
Can I e-file a Franklin County probate case if I am handling it myself?
Kansas-licensed attorneys must e-file under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented Franklin County filer uses in-person filing, mail, fax or the courthouse drop box, and should include the required case-filing cover sheet and Self-Represented Litigant Certification Form.
What are the Franklin County probate clerk's hours?
The clerk's office is open Monday through Friday from 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. The office closes for lunch, and the public day ends at 4:00 p.m.
What is the Franklin County probate filing fee?
The probate estate docket fee is $131.50, current as of August 2026, under K.S.A. 59-104. That amount includes the $109.50 statutory fee and the $22 surcharge. A filer who cannot afford the fee may ask about a Poverty Affidavit under K.S.A. 59-104.
How do I look up a Franklin County probate case?
Use Kansas Courts CaseSearch for public case information. Franklin County joined Kansas eCourt on November 2, 2020, so online document access depends on that date, while full public court records can be reviewed at the courthouse terminal when available to the public.
Does Franklin County have local probate forms?
Franklin County does not publish a county-specific probate packet. Use the statewide Judicial Council forms that apply, including the small estates affidavit under K.S.A. 59-1507b, the case-filing cover sheet, the Self-Represented Litigant Certification Form, the Poverty Affidavit under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
Can I appear by phone or video for a Franklin County probate hearing?
You can ask. A Kansas judge has discretion to allow a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council publishes a motion form for that request. File the motion early, notify the other parties, and ask the clerk which instructions apply for the hearing.
Is there a deadline to probate a will in Franklin County?
Yes. For a Kansas resident, a will cannot pass property unless a petition for its probate is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). Filing a will or a copy with an affidavit under K.S.A. 59-618a can preserve the will while the family decides whether a full estate is needed.
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.