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Graham County, KS Probate Information
Quick facts
| Item | Graham County information |
|---|---|
| Court | Graham County District Court, in Kansas's 17th Judicial District under K.S.A. 4-218 |
| Courthouse address | Graham County Courthouse, 410 N Pomeroy Ave., Suite 9, Hill City, KS 67642 |
| Mailing address | 410 N Pomeroy Ave., Suite 9, Hill City, KS 67642. No separate post office box is listed for Graham County. |
| Clerk of the district court | File with the Graham County clerk of the district court under K.S.A. 20-343. |
| Phone | 785-421-3458 |
| Fax | 785-421-5463 |
| Hours | Call 785-421-3458 before travelling to confirm the clerk counter schedule. The Graham County Self-Help Center is listed as staffed Monday through Friday, 8:00 a.m. to 5:00 p.m., closed noon to 1:00 p.m. |
| Filing fee | As of August 2026, the probate estate docket fee under K.S.A. 59-104 is $131.50, made up of the $109.50 statutory fee plus the $22 surcharge authorized through June 30, 2030 under K.S.A. 59-104. Additional court costs are handled as the court directs under K.S.A. 59-104(d). |
| Local forms | Use the statewide Kansas Judicial Council forms. Ask the Graham County clerk whether the court wants any local checklist or extra cover sheet. |
| E-filing | Attorney e-filing is required for Kansas-licensed attorneys under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses the Kansas self-represented filing options: in person, by mail, by fax, or the Graham County drop box. |
| Drop box | Graham County has a district court drop box for self-represented filings. A document deposited by 4:00 p.m. Central Time counts as filed that day under the Kansas self-represented filing rule. |
| Case search | Kansas Courts CaseSearch is the statewide free case information search. Graham County joined Kansas eCourt on July 11, 2022, so documents from that date forward may be available online, while the courthouse terminal remains the place to view the full public file. |
| Remote appearance | A phone or video appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Use the Kansas Judicial Council Motion to Appear in Court by Phone or Video and ask the clerk which platform the judge uses. |
| Website | Graham County government site: https://www.grahamcountyks.com/ |
Before you begin — know the assets and liabilities
Before filing anything in Hill City, list the accounts, debts, real estate, vehicles, personal property, beneficiary designations, and any co-owned property. Kansas probate choices depend on what must pass through the court, whether a will must be preserved within six months under K.S.A. 59-617, and whether someone needs letters from the court.
Sunset can support estate settlement before the petition is drafted by helping families search across more than 2,300 financial institutions for accounts and assets. That asset picture makes the conversation with the Graham County clerk or a Kansas probate attorney more focused.
Which court handles jurisdiction
Graham County probate is filed with the clerk of the district court under K.S.A. 20-343 at the Graham County Courthouse in Hill City. Graham County is part of Kansas's 17th Judicial District under K.S.A. 4-218, along with Decatur, Norton, Osborne, Phillips, and Smith counties, but Graham County filings stay in Graham County.
Kansas venue under K.S.A. 59-2203 depends on residence and real property. If the decedent was a Kansas resident and owned real property in the county of residence, file there. 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 a Kansas county where the decedent owned real property. If the decedent was not a Kansas resident, venue may be in any Kansas county where estate property is to be administered. If competing cases start in more than one county, the first-filed case controls while venue is decided, and a case filed in the wrong county is transferred.
The jurisdiction process
- Find the death certificate, the will if there is one, and the asset list. If the decedent was a Kansas resident and left a will, decide quickly whether to petition for probate of the will or at least preserve the will by filing a will and affidavit under K.S.A. 59-618a, because the will must be acted on within six months under K.S.A. 59-617.
- Choose the Kansas path before drafting. A small estates affidavit under K.S.A. 59-1507b can be presented to a bank or other holder for personal property when the statutory requirements fit. Court paths can include 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 after the court applies K.S.A. 59-3202.
- Prepare the petition for the Graham County District Court. If you want simplified administration under K.S.A. 59-3202, the petition must ask for it and give reasons. Add the Kansas case-filing cover sheet, and if you are representing yourself, add the Self-Represented Litigant Certification Form.
- File with the Graham County clerk of the district court under K.S.A. 20-343 at 410 N Pomeroy Ave., Suite 9, Hill City, KS 67642. A self-represented filer may file in person, by mail, by fax to 785-421-5463, or in the Graham County drop box by 4:00 p.m. Central Time for same-day filing. As of August 2026, pay the $131.50 probate estate docket fee 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.
- The court fixes the hearing under K.S.A. 59-2222. If a phone or video appearance would avoid unnecessary travel, file the Judicial Council motion and ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
- Give notice after the court sets the hearing. Publication is once a week for three consecutive weeks under K.S.A. 59-2209, and mailing to heirs, devisees, and legatees follows the same statute. Notice to creditors is published under K.S.A. 59-709. If there is a surviving spouse, the required elective-share notice must be sent within the Kansas statutory time in K.S.A. 59-2233.
- Attend the hearing. If the court admits the will and appoints the nominated executor, the court grants letters testamentary under K.S.A. 59-701. If there is no will, the court may grant letters of administration under K.S.A. 59-705.
- After letters are granted, administer the estate. File the inventory and valuation within 30 days under K.S.A. 59-1201 unless the court allows more time. Creditor demands are governed by the later-of rule in K.S.A. 59-2239, including four months from first publication under K.S.A. 59-2239 or 30 days after actual notice for a known or reasonably ascertainable creditor.
- Pay valid debts, expenses, and taxes, then ask the court for final settlement. The closing request is the petition for final settlement and accounting under K.S.A. 59-2247, followed by the court's final decree assigning the estate under K.S.A. 59-2249.
Forms and documents
Probate forms in Graham County
Kansas uses statewide Kansas Judicial Council forms, and those are the starting point for Graham County. The most important statewide forms for a self-represented filing are 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 in Court by Phone or Video for a remote appearance request under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
The Kansas Judicial Council also publishes the small estates affidavit under K.S.A. 59-1507b. The statute makes substantial compliance with that form sufficient, but it is used with the holder of personal property, not as a petition to open a Graham County court case.
Kansas does not provide a statewide fill-in petition for probate of a will or for administration. Those petitions are drafted from Kansas probate statutes or with a lawyer's help. Call the Graham County clerk at 785-421-3458 before filing to ask whether the judge wants any local checklist, formatting practice, or extra copy.
Local nuance
Graham County-specific considerations
| Local point | What it means in Graham County |
|---|---|
| Courthouse suite | The Graham County filing office is listed at 410 N Pomeroy Ave., Suite 9, Hill City, KS 67642. |
| Self-help center | Graham County has a staffed District Court Self-Help Center listed for Monday through Friday, 8:00 a.m. to 5:00 p.m., closed noon to 1:00 p.m. The posted resources are a computer and printer plus community resource guides. |
| eCourt date | Graham County joined Kansas eCourt on July 11, 2022. Documents in Graham County cases from that date forward may appear through Kansas Courts CaseSearch. |
| Local bench listing | The district listing for Kansas's 17th Judicial District under K.S.A. 4-218 names both a district judge and a district magistrate judge for Graham County. A district magistrate judge may hear probate matters under K.S.A. 20-302b. |
| Time zone | Graham County is on Central Time. The 4:00 p.m. drop-box cutoff for self-represented filings is a Central Time cutoff in Hill City. |
Recent updates
| Update | What changed |
|---|---|
| 2026 fee surcharge extension | 2026 HB 2393 extended the $22 surcharge authority through June 30, 2030 under K.S.A. 59-104. As of August 2026, the probate estate docket fee under K.S.A. 59-104 is $131.50. |
| 2026 nonresident fiduciary update | 2026 SB 480 changed K.S.A. 59-1706 so a nonresident fiduciary's resident agent may reside anywhere in Kansas, not only in the county of appointment. |
| 2024 creditor notice update | 2024 Kansas legislation changed the publication window for notice to creditors under K.S.A. 59-709 from 10 days to 30 days after filing. |
| 2023 small estates affidavit update | Effective July 1, 2023, the small estates affidavit amount under K.S.A. 59-1507b became $75,000, and the current Judicial Council form reflects that statute. |
| Graham County eCourt access | Graham County joined Kansas eCourt on July 11, 2022, which affects which Graham County documents may appear online through Kansas Courts CaseSearch. |
Scenarios
| Situation | Likely Graham County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying how the Hill City or Graham County real estate is titled. A co-owned home may involve a termination of joint tenancy filing, while a probate estate may also require attention to the spouse's elective-share notice under K.S.A. 59-2233 and Kansas spouse protections such as the homestead allowance under K.S.A. 59-6a215. | Sunset helps collect account and property information, organize documents for estate settlement, and prepare questions for a Kansas probate attorney. |
| Out-of-state adult child w/ small estate | If the probate assets fit K.S.A. 59-1507b and no real estate needs to pass through the affidavit, the small estates affidavit under K.S.A. 59-1507b may solve personal property transfers when the statutory amount is $75,000, effective July 1, 2023. If letters are needed, an out-of-state personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-1706, and can ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset helps identify whether accounts exist, assemble a packet for the bank or the court, and connect the family with a local attorney if letters are needed. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not move the 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 facts. If there is a will, protect the six-month deadline under K.S.A. 59-617 before sale planning takes over. | Sunset helps build the asset list, surface debts and accounts, and find a Graham County area probate attorney for the sale and court filings. |
Self-help resources
| Resource | How it helps | Contact or link |
|---|---|---|
| Graham County District Court Self-Help Center | Staffed center listed for Monday through Friday, 8:00 a.m. to 5:00 p.m., closed noon to 1:00 p.m. Resources listed are a computer and printer plus community resource guides. Staff and court personnel cannot give legal advice. | Graham County Courthouse, 410 N Pomeroy Ave., Suite 9, Hill City. Call the clerk at 785-421-3458 before travelling. |
| Kansas Judicial Branch probate self-help | Statewide probate and elder law information, including links to Kansas forms and plain-language resources. | https://self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms, 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 for a remote appearance request 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. Call to ask whether your estate settlement question fits current services. | 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m.; https://www.kansaslegalservices.org/ |
| Kansas Elder Hotline | Free legal advice line through Kansas Legal Services for Kansas residents age 60 or older who qualify. | 316-267-3975 |
| Kansas Bar Association lawyer referral | Referral route for finding a Kansas attorney, including probate counsel. | https://www.ksbar.org/?pg=clientreferrals |
| Kansas Courts CaseSearch | Free statewide case information search. Graham County joined Kansas eCourt on July 11, 2022, so documents from that date forward may be online. | https://casesearch.kscourts.gov/ |
When to hire an attorney
A lawyer is especially useful when a Graham County estate includes real estate, a contested will, creditor problems, a nonresident fiduciary who must appoint a resident agent under K.S.A. 59-1706, a requested refusal to grant letters under K.S.A. 59-2287, or a sale before final settlement. Kansas compensation for a fiduciary and the fiduciary's attorney must be just and reasonable under K.S.A. 59-1717, so fee questions belong in the petition or court request. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances, and possible estate assets before the Graham County filing is prepared.
Generate the probate packet. Sunset turns the family interview and asset information into an organized estate settlement packet, including the documents and questions needed for the Graham County clerk or a Kansas probate attorney.
Find a local probate attorney. When the estate needs letters, a house sale, a court hearing, or advice on Kansas deadlines, Sunset can help connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, identify assets, and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Graham County, Kansas?
File with the Graham County clerk of the district court under K.S.A. 20-343 at the Graham County Courthouse, 410 N Pomeroy Ave., Suite 9, Hill City, KS 67642. Graham County is in Kansas's 17th Judicial District under K.S.A. 4-218, but the filing stays in Graham County.
What is the filing fee to open a probate estate in Graham County?
As of August 2026, the probate estate docket fee under K.S.A. 59-104 is $131.50. That includes the $109.50 statutory amount plus the $22 surcharge authorized through June 30, 2030 under K.S.A. 59-104. If you cannot afford the filing cost, ask about the Poverty Affidavit under K.S.A. 59-104.
Can I e-file in Graham County if I am handling the estate myself?
Attorney e-filing is required for Kansas-licensed attorneys under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). If you are representing yourself, use the self-represented filing options: in person, by mail, by fax to 785-421-5463, or in the Graham County drop box.
Does Graham County have a drop box for probate filings?
Yes. Graham County has a district court drop box for self-represented filings. A filing placed in the box by 4:00 p.m. Central Time counts as filed that day under the Kansas self-represented filing rule.
Can I appear remotely for a Graham County probate hearing?
You can ask. A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the judge may grant or deny the request. Use the Kansas Judicial Council Motion to Appear in Court by Phone or Video and call the clerk at 785-421-3458 for local instructions.
How do I look up a Graham County probate case?
Use Kansas Courts CaseSearch. Graham County joined Kansas eCourt on July 11, 2022, so documents filed from that date forward may be available online. Case information is searchable statewide, and the courthouse terminal remains the place to view the full public file.
Does Graham County have local probate forms?
Use the statewide Kansas Judicial Council forms first. Those 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, and the phone or video appearance motion for remote requests under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Call the Graham County clerk before assuming a local checklist is required.
What is the six-month will deadline in Graham County?
Kansas law applies in Graham County. A will of a Kansas resident must be petitioned for probate within six months under K.S.A. 59-617, unless a statutory saving rule applies. If the family is not ready to open the estate, ask quickly about filing a will and affidavit under K.S.A. 59-618a to preserve the will.
Do I have to travel to Hill City for a Graham County probate?
Not for every filing. A self-represented filer can file in person, by mail, by fax, or through the Graham County drop box. For a hearing, ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), but wait for the judge's order before making travel plans.
Does Graham County have a self-help center?
Yes. The Graham County District Court Self-Help Center is listed as staffed Monday through Friday, 8:00 a.m. to 5:00 p.m., closed noon to 1:00 p.m., with a computer and printer plus community resource guides. Call 785-421-3458 before travelling.
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.