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Greenwood County, KS Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Greenwood County District Court, in Kansas's 13th Judicial District (K.S.A. 4-214) |
| Courthouse address | Greenwood County Courthouse, 311 N Main, Eureka, KS 67045 |
| Mailing address | 311 N Main, Eureka, KS 67045. Call the clerk before mailing if a deadline is close. |
| Clerk | Clerk of the district court for Greenwood County (K.S.A. 20-343) |
| Phone | 620-583-8153 |
| Fax | 620-583-6818 |
| [email protected] | |
| Hours | Clerk office hours are not posted for Greenwood County. Call 620-583-8153 before going to the courthouse. |
| Filing fee | A probate estate filing is $131.50 as of August 2026, made up of the $109.50 statutory docket fee plus the $22 surcharge under K.S.A. 59-104. Other court costs may be billed as the court directs under K.S.A. 59-104(d). |
| Local forms | Greenwood County does not post a local probate packet. Use the free Kansas Judicial Council forms that apply, including the 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. |
| E-filing | Kansas-licensed attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122). A person handling the estate without a lawyer files in person, by mail, by fax or in the courthouse drop box. |
| Drop box | Available. Greenwood County court staff retrieve drop-box items at 8:00 a.m. on weekdays. A document deposited by 4:00 p.m. local time counts as filed that day under the statewide self-represented filing rule. |
| Case search | Kansas Courts CaseSearch provides free statewide case information. Greenwood County joined Kansas eCourt on November 1, 2021, so online documents begin from that date when public online access is allowed. |
| Public file access | Public court files and the courthouse public terminal are accessed by appointment. Call 620-583-8153 and have the case number ready. |
| Remote appearance | A remote appearance may be allowed only if the judge permits it under Kan. Sup. Ct. R. 103. Use the Kansas Judicial Council motion form and ask the clerk how the 13th district handles the request. |
| Website | 13thjudicial.org, Greenwood County page |
Before you begin — know the assets and liabilities
Start by identifying the assets, debts, beneficiaries and deadlines before choosing a filing path in Greenwood County. Kansas has several estate settlement routes, and the best path can change if the will deadline is approaching, a home must be sold or a bank will release funds without a court case.
Sunset can help you organize estate settlement by checking for accounts and assets across more than 2,300 financial institutions, then turning what it finds into a clearer probate plan for the Greenwood County filing.
Which court handles jurisdiction
Probate for Greenwood County is filed with the clerk of the district court at the Greenwood County Courthouse in Eureka (K.S.A. 20-343). Greenwood County is part of Kansas's 13th Judicial District with Butler and Elk counties (K.S.A. 4-214), but Greenwood County filings stay in Greenwood County unless the court transfers venue.
Kansas venue depends on residence and real property. If the decedent was a Kansas resident and owned real property in the county of residence, probate belongs in that county. If the decedent did not own real property in the county of residence, the proceeding may be in the county of residence or in any Kansas county where the decedent owned real property. If the decedent was not a Kansas resident, the case may be filed in a county where estate property must be administered. The first properly filed case controls, and a case filed in the wrong county is transferred to the proper county (K.S.A. 59-2203).
The jurisdiction process
- Collect the death certificate, the will if there is one, account information, real estate records and known debts. If the decedent left a will, decide quickly whether to petition for probate of the will in Greenwood County or at least preserve the will by filing a will and affidavit under K.S.A. 59-618a. A Kansas will of a resident must be petitioned for probate within six months after death to pass property unless a statutory savings rule applies (K.S.A. 59-617).
- Choose the route before drafting papers. The K.S.A. 59-1507b small estates affidavit is given to the bank or other holder for personal property and is not opened as a court case. Other court routes 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 administration or supervised administration as the court determines under K.S.A. 59-3202.
- Prepare the petition from the Kansas Probate Code requirements. A petition for administration or for probate of a will uses the statutory content rules in K.S.A. 59-2219 and K.S.A. 59-2220. If you want simplified administration, ask for it in the petition and give reasons because the court decides that request under K.S.A. 59-3202.
- Add the statewide filing documents. A new case needs a case-filing cover sheet, and a person filing without a lawyer must include the Self-Represented Litigant Certification Form. If the filing fee cannot be paid, include the Poverty Affidavit allowed for probate docket fees under K.S.A. 59-104.
- File with the Greenwood County clerk of the district court at 311 N Main in Eureka (K.S.A. 20-343). A person filing without a lawyer may file in person, by mail, by fax to 620-583-6818 or by using the courthouse drop box. The Greenwood County drop box is retrieved at 8:00 a.m. on weekdays, and a document deposited by 4:00 p.m. local time counts as filed that day under the statewide self-represented filing rule. Pay the $131.50 probate estate filing charge as of August 2026, including the $109.50 docket fee and $22 surcharge under K.S.A. 59-104, unless the court grants a fee waiver.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). Ask about a remote appearance only by motion, with notice to the other parties, because the judge has discretion under Kan. Sup. Ct. R. 103.
- Give notice as the court orders. Hearing notice is published once a week for three consecutive weeks, with mailing after the first publication as required by 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. If there is a surviving spouse, the required elective-share notice is mailed within 10 days under K.S.A. 59-2233.
- Attend the hearing. The court, not the clerk, admits the will if appropriate and grants letters testamentary to an executor under K.S.A. 59-701 or letters of administration to an administrator under 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). A demand is barred unless it is presented within the later of four months from first publication or 30 days after actual notice to that creditor (K.S.A. 59-2239).
- Pay allowed debts, taxes and expenses, then ask the court for final settlement. Closing uses a 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. If real estate is assigned, follow the decree and any transfer-record requirements.
Forms and documents
Probate forms in Greenwood County
Greenwood County's district site does not post a local probate packet or a local probate-specific cover sheet. Use the free Kansas Judicial Council forms that apply to your filing, and draft any petition for probate of a will, administration, 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 final settlement from the Kansas Probate Code requirements or with a lawyer's help.
| Form or resource | How it is used in Greenwood County |
|---|---|
| Case-filing cover sheet | Required when a new case is opened. |
| Self-Represented Litigant Certification Form | Required when you file without a lawyer. |
| Small Estates Affidavit | Used for the K.S.A. 59-1507b small estates affidavit. The $75,000 figure in K.S.A. 59-1507b has applied since July 1, 2023. |
| Poverty Affidavit | Used to ask for waiver of probate docket fees under K.S.A. 59-104. |
| Motion to Appear in Court by Phone or Video | Used to ask for a remote appearance under Kan. Sup. Ct. R. 103. |
| Rule 119 fax transmission sheet | Used when a person filing without a lawyer sends documents by fax to the clerk. |
Fees
The filing charge to open a probate estate in Greenwood County is the statewide $131.50 amount as of August 2026, made up of the $109.50 docket fee and the $22 surcharge under K.S.A. 59-104. Greenwood County also posts local charges for copies, certification, records research and recorded-hearing audio. These local charges do not change the probate estate filing charge under K.S.A. 59-104, and you should call the clerk before ordering records.
| Greenwood County local charge | Amount |
|---|---|
| Authentication | Minimum $3.00 per packet, as of August 2026 |
| Copies | Minimum $0.50 per page, as of August 2026 |
| Faxed copies | Minimum $1.00 per page, as of August 2026 |
| Emailed records | No charge when records take less than one hour of research and compilation, as of August 2026 |
| Certification | Minimum $1.00 per certified document, as of August 2026 |
| Records research | Minimum $12.00 per hour, as of August 2026 |
| Copy of a recorded hearing | Flat $50.00 per hearing, up to one day in length, as of August 2026 |
Local nuance
Greenwood County-specific considerations
| Local point | What it means for a Greenwood County probate |
|---|---|
| 13th district structure | Greenwood County shares Kansas's 13th Judicial District with Butler and Elk counties (K.S.A. 4-214), but filings go to the Greenwood County clerk of the district court in Eureka (K.S.A. 20-343). |
| District magistrate judge | Greenwood County has a resident district magistrate judge. A district magistrate judge may hear Kansas probate matters, including matters involving title to real estate (K.S.A. 20-302b). |
| Drop box retrieval | The courthouse drop box is retrieved at 8:00 a.m. on weekdays. Use the statewide 4:00 p.m. same-day filing cutoff for self-represented drop-box filings. |
| Public file access | Public court files and the public terminal are by appointment. Call 620-583-8153 and provide the case number. |
| Records requests | Written records requests may take up to three business days for the clerk's office to respond. |
| Kansas eCourt date | Greenwood County, with the rest of the 13th district, began operating on Kansas eCourt on November 1, 2021. CaseSearch can show case information statewide, and online documents for Greenwood County begin from that date when public online access is allowed. |
| Courthouse entry | Visitors are asked to go through check-in and screening when entering the courthouse. |
Recent updates
| Change | What changed |
|---|---|
| 2026 probate filing charge | The $22 surcharge authority for probate docket fees under K.S.A. 59-104 was extended through June 30, 2030 by 2026 HB 2393, approved April 3, 2026. |
| 2026 nonresident fiduciary rule | A nonresident fiduciary's resident agent may reside anywhere in Kansas, not only in the county of appointment, under K.S.A. 59-1706 as amended by 2026 SB 480, approved April 9, 2026. |
| 2025 CaseSearch | Kansas Courts CaseSearch became the statewide place to search public district court case information in November 2025. |
| 2024 creditor notice timing | The window to publish notice to creditors changed to 30 days after filing under K.S.A. 59-709, effective July 1, 2024. |
| 2023 small estates affidavit amount | The K.S.A. 59-1507b small estates affidavit amount became $75,000 effective July 1, 2023. |
Scenarios
| Archetype | Local path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by checking how the Eureka-area or Greenwood County home is titled. If it was held in joint tenancy, termination of joint tenancy is a separate $70.50 filing as of August 2026 under K.S.A. 59-104. Also watch the spouse protections, including the homestead allowance of $75,000 under K.S.A. 59-6a215, effective July 1, 2023, the family allowance of $75,000 under K.S.A. 59-403, effective July 1, 2023, and the surviving-spouse notice required by K.S.A. 59-2233. The separate K.S.A. 59-1507b small estates affidavit also uses a $75,000 figure, effective July 1, 2023, for a different purpose. | Sunset helps identify accounts, insurance, debts and title clues before the spouse chooses whether a court filing is needed for estate settlement. |
| out-of-state adult child w/ small estate | If there is no real estate and the probate assets do not exceed $75,000 under K.S.A. 59-1507b, effective July 1, 2023, the small estates affidavit may be the fastest noncourt path for personal property. If letters are needed, a nonresident can serve after appointing a Kansas resident agent in writing and filing the acceptance under K.S.A. 59-706 and K.S.A. 59-1706. A remote appearance can be requested under Kan. Sup. Ct. R. 103. | Sunset helps locate assets, flag whether real estate changes the path and connect the family with Kansas counsel if a Greenwood County petition is needed. |
| parent settling predeceased child's estate, home must be sold | A home usually requires a court route. 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, keep the six months deadline in K.S.A. 59-617 in view before the sale plan moves forward. | Sunset turns the asset list into a practical estate settlement plan and can help prepare a probate packet or connect the parent with a local probate attorney. |
Self-help resources
| Resource | How it helps |
|---|---|
| Greenwood County clerk of the district court | Call 620-583-8153 for current hours, filing logistics, appointment-based public file access and questions about local copy charges. Court staff can accept filings, but they cannot advise which probate route to choose. |
| Kansas Judicial Branch probate and elder law self-help | Explains Kansas probate terms and links to statewide forms and resources. |
| Kansas Judicial Council forms | Provides free forms including the K.S.A. 59-1507b small estates affidavit, 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 Kan. Sup. Ct. R. 103. |
| Kansas Legal Services | Statewide nonprofit civil legal help. Intake is at 316-267-3975 on weekdays from 8:00 a.m. to 4:30 p.m., subject to eligibility and case priorities. |
| Kansas Elder Hotline | Kansas residents age 60 or older may call 316-267-3975 to ask whether they qualify for free legal advice through Kansas Legal Services. |
| Kansas Bar Association lawyer referral | The Kansas Bar Association's client referral page can help families look for private counsel. |
| District Court Self-Help Center | The Kansas Judicial Branch directory does not list a Greenwood County District Court Self-Help Center. Use the clerk, Kansas Judicial Council forms and Kansas Legal Services instead. |
| Kansas Courts CaseSearch | Searches public Kansas district court case information. Greenwood County documents appear online from the court's November 1, 2021 Kansas eCourt start date when public online access is allowed. |
When to hire an attorney
A lawyer is especially useful in Greenwood County when the will deadline is close, heirs disagree, a house must be sold, creditor claims are uncertain, a nonresident fiduciary needs to appoint a Kansas resident agent under K.S.A. 59-1706 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. Kansas compensates fiduciaries and their attorneys on a just and reasonable basis as allowed by the court (K.S.A. 59-1717). Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, insurance, retirement accounts and other property that can change the Greenwood County estate settlement path.
Generate the probate packet. Sunset organizes the family information, asset list, debts and filing choices so the Greenwood County packet is easier to prepare, whether the next step is a court petition or a K.S.A. 59-1507b small estates affidavit.
Find a local probate attorney. When the estate needs legal judgment, a home sale, a nonresident fiduciary appointment or a court hearing, Sunset can connect the family with a Kansas probate attorney familiar with district court practice.
Sunset is free for families. Sunset helps families move from uncertainty to an estate settlement plan without charging families for the core service.
Frequently asked questions
Where do I file probate in Greenwood County, Kansas?
File with the clerk of the district court at the Greenwood County Courthouse, 311 N Main, Eureka, KS 67045 (K.S.A. 20-343). Greenwood County is in Kansas's 13th Judicial District (K.S.A. 4-214), but the filing is made in Greenwood County.
Does Greenwood County allow e-filing for probate?
Kansas-licensed attorneys must use e-filing under Rule 122 (Kan. Sup. Ct. R. 122). If you are handling the estate without a lawyer, you file in person, by mail, by fax or in the courthouse drop box.
What is the filing fee to open a Greenwood County probate estate?
The probate estate filing charge is $131.50 as of August 2026, including the $109.50 docket fee and $22 surcharge under K.S.A. 59-104. Greenwood County also has separate local charges for copies, certification, records research and recorded-hearing audio.
Are Greenwood County clerk hours posted online?
Clerk office hours are not posted for Greenwood County. Call 620-583-8153 before visiting, especially if a filing deadline is close.
Can I use the Greenwood County courthouse drop box?
Yes. Greenwood County states that a drop box is available and that court staff retrieve items from it at 8:00 a.m. on weekdays. Under the statewide self-represented filing rule, a document deposited by 4:00 p.m. local time counts as filed that day.
Can I look up a Greenwood County probate case online?
Use Kansas Courts CaseSearch for free statewide case information. Greenwood County joined Kansas eCourt on November 1, 2021, so public online documents begin from that date when online access is allowed. Older documents or documents not available online may require courthouse access by appointment.
Does Greenwood County have local probate forms?
Greenwood County does not post a local probate packet. Use the Kansas Judicial Council forms that apply, including the case-filing cover sheet, Self-Represented Litigant Certification Form, Poverty Affidavit under K.S.A. 59-104 and the K.S.A. 59-1507b small estates affidavit.
Can I appear remotely for a Greenwood County probate hearing?
You can ask, but the judge decides. Kansas Rule 103 allows a remote appearance by phone or video when the court permits it, and the Kansas Judicial Council provides a motion form (Kan. Sup. Ct. R. 103).
What if the will was found late in Greenwood County?
Kansas has a six months will deadline for a resident's will to pass property (K.S.A. 59-617). Filing a will and affidavit under K.S.A. 59-618a can preserve the will inside that period, and a will that was knowingly withheld may have a 90 days innocent-beneficiary rule under K.S.A. 59-618.
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.