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Linn County, KS Probate Information
Quick facts
| Item | Linn County details |
|---|---|
| Court | Linn County District Court, in Kansas's 6th Judicial District (K.S.A. 4-207). |
| Filing office | Clerk of the district court, Linn County Justice Center (K.S.A. 20-343). |
| Courthouse address | Linn County Justice Center, 308 Main Street, Suite 105, Mound City, KS 66056. |
| Mailing address | 308 Main Street, Suite 105, Mound City, KS 66056. Call the clerk before mailing time-sensitive papers. |
| Phone | 913-795-2660. |
| Fax | 913-795-2004. |
| Hours | The court page does not publish clerk office hours. Call 913-795-2660 before a filing trip to confirm open hours, any midday closure and the best way to deliver papers. |
| Filing fee | A probate estate filing is $131.50 as of August 2026, made up of the $109.50 probate estate fee plus the $22 surcharge authorized from July 1, 2026 through June 30, 2030 (K.S.A. 59-104). Other court costs are taxed as the court directs (K.S.A. 59-104). |
| Local forms | The Linn County court page does not publish a local probate packet. Use the statewide Kansas Judicial Council forms that apply to your filing. |
| E-filing | Kansas-licensed attorneys file electronically under Rule 122. A person filing without a lawyer uses the Linn County filing counter, mail, fax or the courthouse drop box under the self-represented filing rule. |
| Drop box | Available for Linn County filings. A self-represented document placed in the drop box by 4:00 p.m. local time is treated as filed that day under the Kansas self-represented filing rule. |
| Case search | Kansas Courts CaseSearch provides free statewide case information. Linn County, as part of the 6th Judicial District, began Kansas eCourt case management on November 2, 2020, so online documents depend on that start date and public-access limits. |
| Remote appearance | Ask by motion under Rule 103. The judge decides whether a phone or video appearance is allowed. |
| Court website | https://www.kscourts.gov/6th-Judicial-District/6th-Judicial-District/Linn-County-Courthouse |
Before you begin — know the assets and liabilities
Before you choose a probate route in Linn County, make a working list of the assets, debts, account numbers, real estate, vehicles and beneficiary designations. Kansas has several estate settlement paths, and the right one depends on what must be transferred, whether real estate is involved and whether a will needs to be preserved within the six-month deadline (K.S.A. 59-617).
Sunset can help organize the estate settlement work before a filing is made. Sunset's asset discovery searches more than 2,300 financial institutions so families can identify accounts and liabilities before preparing a Linn County filing or deciding whether a non-court transfer route is enough.
Which court handles jurisdiction
Linn County probate filings are made with the clerk of the district court at the Linn County Justice Center in Mound City (K.S.A. 20-343). Linn County is part of Kansas's 6th Judicial District with Miami and Bourbon counties (K.S.A. 4-207), but that district structure does not move Linn County filings to another county.
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, filing may be in the county of residence or in a county where the decedent owned real property. If the decedent was not a Kansas resident, filing may be in any Kansas county where estate property must be administered. If proceedings start in more than one county, the first legally commenced case controls while venue is sorted out, and a misfiled case is transmitted to the proper county rather than started over (K.S.A. 59-2203).
The jurisdiction process
- Collect the death certificate, the will if one exists, asset information, debt information and real estate details before choosing the Linn County estate settlement path.
- Address the will deadline first. 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). If the family is not ready for a full case, filing a will and affidavit can preserve the will if done in time (K.S.A. 59-618a).
- Choose the procedure that fits the property. A small estates affidavit transfers qualifying personal property only when the probate assets do not exceed $75,000 effective July 1, 2023 (K.S.A. 59-1507b). Real estate may require refusal to grant letters (K.S.A. 59-2287), determination of descent after the statutory timing is met (K.S.A. 59-2250), informal administration (K.S.A. 59-3301) or simplified or supervised administration (K.S.A. 59-3202).
- Prepare the petition when a court case is needed. A petition for administration or probate of a will is built from Kansas statutory requirements, and if you want simplified administration you must ask for it and give reasons for the request (K.S.A. 59-2219; K.S.A. 59-2220; K.S.A. 59-3202).
- Add the statewide filing papers. A new case needs a case-filing cover sheet, and a person filing without a lawyer also files the Self-Represented Litigant Certification Form. If the filing fee cannot be paid, include the Poverty Affidavit, which applies to probate fees under K.S.A. 59-104.
- File with the clerk of the district court at the Linn County Justice Center, 308 Main Street, Suite 105, Mound City (K.S.A. 20-343). A person filing without a lawyer may file in person, by mail, by fax to 913-795-2004 or by drop box. Kansas-licensed attorneys file electronically under Rule 122.
- Pay the probate estate filing fee of $131.50 as of August 2026, made up of the $109.50 probate estate fee plus the $22 surcharge authorized from July 1, 2026 through June 30, 2030 (K.S.A. 59-104), unless the court grants fee relief through a Poverty Affidavit under K.S.A. 59-104.
- After the petition is filed, the court fixes the time and place for hearing (K.S.A. 59-2222). If appearing in Mound City is difficult, file the Judicial Council motion asking to appear by phone or video under Rule 103 and notify all parties.
- Give notice as ordered. When K.S.A. 59-2209 notice is required, notice is published once a week for three consecutive weeks, and copies are mailed as the statute requires (K.S.A. 59-2209). The petitioner also gives notice to creditors within the Kansas creditor-notice rule (K.S.A. 59-709).
- Attend the hearing or appear by phone or video if the judge grants a Rule 103 request. The court, not the filing office, admits the will and grants letters testamentary to an executor when appropriate (K.S.A. 59-701) or letters of administration to an administrator when appropriate (K.S.A. 59-705).
- Administer the estate after appointment. The personal representative files the inventory and valuation within 30 days after letters unless the court grants more time (K.S.A. 59-1201), gives creditor notices, pays valid debts and taxes, and tracks the claims period. 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).
- Close the estate by petition for final settlement and accounting. The court reviews the account and enters a final decree assigning the estate, including any real estate transfer steps required by Kansas law (K.S.A. 59-2247; K.S.A. 59-2249).
Forms and documents
Probate forms in Linn County
The Linn County court page does not publish a local probate packet, a local probate cover sheet or a local probate checklist. Use the statewide Kansas Judicial Council forms that fit the filing, and call the Linn County clerk at 913-795-2660 if you are unsure what the court expects with a particular petition.
| Form | Use in Linn County |
|---|---|
| Small Estates Affidavit | Used outside court to transfer qualifying personal property when probate assets do not exceed $75,000 effective July 1, 2023 (K.S.A. 59-1507b). |
| Case-filing cover sheet | Required with 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 filing fees in a probate matter under K.S.A. 59-104. |
| Motion to Appear in Court by Phone or Video | Used to ask for a phone or video appearance under Rule 103. |
| Rule 119 fax transmission sheet | Used when filing by fax to the Linn County clerk's fax number, 913-795-2004. |
Kansas does not publish a fill-in statewide petition for probate of a will, petition for administration, petition for refusal to grant letters, petition for determination of descent, petition for informal administration or petition for final settlement. Those filings are drafted from the Kansas Probate Code requirements or with a lawyer's help.
Local nuance
Linn County-specific considerations
| Local point | What it means for a Linn County filing |
|---|---|
| Justice Center address | Use the Linn County Justice Center, 308 Main Street, Suite 105, Mound City, KS 66056, for Linn County probate filings. The court page names this building as the Linn County Justice Center. |
| Clerk hours | The court page does not post clerk office hours. Call 913-795-2660 before traveling to file, especially if the six-month will deadline under K.S.A. 59-617 is close. |
| CaseSearch documents | The 6th Judicial District, including Linn County, began Kansas eCourt case management on November 2, 2020. Online documents for Linn County depend on that date and public-access limits. |
| Self-help center | Linn County has a staffed District Court Self-Help Center with posted hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Those are self-help center hours, not clerk office hours. |
Recent updates
| Update | What changed |
|---|---|
| 2026 filing-fee surcharge | The $22 surcharge authority for probate docket fees now runs from July 1, 2026 through June 30, 2030, so the probate estate filing fee is $131.50 as of August 2026 (K.S.A. 59-104). |
| 2026 nonresident fiduciary rule | A nonresident fiduciary's resident agent may reside anywhere in Kansas, rather than in the county of appointment, under the 2026 amendment to K.S.A. 59-1706. |
| 2025 CaseSearch change | Kansas Courts CaseSearch is the statewide public search tool for district court case information. |
| 2024 creditor notice timing | The petitioner now gives notice to creditors within 30 days after filing the petition, with publication once a week for three consecutive weeks as the statutes require (K.S.A. 59-709; K.S.A. 59-2209). |
| 2023 Small Estates Affidavit amount | The Small Estates Affidavit amount is $75,000 effective July 1, 2023 (K.S.A. 59-1507b). |
Scenarios
| Scenario | Likely Linn County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the deed is titled and which assets pass outside probate. A co-owned home may need a real estate filing rather than a full estate case, while any will still needs attention within six months after death if K.S.A. 59-617 applies. The surviving spouse is also entitled to receive the statutory elective-share notice when the triggering filing occurs (K.S.A. 59-2233). | Sunset organizes the asset list, deed questions, accounts and documents so the spouse can decide whether a Linn County filing is needed. |
| Out-of-state adult child with a small estate | If the probate assets are $75,000 or less effective July 1, 2023 and there is no real estate to transfer, the Small Estates Affidavit may let the child collect personal property from the holder without opening a Linn County case (K.S.A. 59-1507b). If letters are needed, a nonresident can serve after appointing a Kansas resident agent in writing and filing the acceptance with the district court (K.S.A. 59-706; K.S.A. 59-1706). A phone or video request can be made under Rule 103. | Sunset helps find accounts, prepare an estate settlement inventory and connect the family with a Kansas probate attorney if a court filing is needed. |
| Parent settling a predeceased child's estate, home must be sold | The Small Estates Affidavit cannot transfer a house (K.S.A. 59-1507b). The parent should ask whether refusal to grant letters can provide marketable title for a sale (K.S.A. 59-2287), or whether informal administration (K.S.A. 59-3301) or simplified administration (K.S.A. 59-3202) fits better. If the child left a will, the six-month rule still matters (K.S.A. 59-617). | Sunset organizes account discovery, real estate information and debt information before the parent decides whether to file in Mound City or work with counsel. |
Self-help resources
| Resource | How it helps Linn County families |
|---|---|
| Linn County District Court Self-Help Center | Located at the Linn County Justice Center. Posted hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, staffed. Resources listed include paper court forms, a computer and printer, and community resource guides. No Legal Aid Day is listed. |
| Kansas Judicial Branch probate and elder law self-help | Statewide explanations, glossary terms and links to probate resources. Court self-help information is informational and is not a substitute for legal advice. |
| Kansas Judicial Council forms | Free statewide forms, including the Small Estates Affidavit (K.S.A. 59-1507b), case-filing cover sheet, Self-Represented Litigant Certification Form, Poverty Affidavit for probate fees under K.S.A. 59-104, and Motion to Appear in Court by Phone or Video under Rule 103. |
| Kansas Legal Services | Statewide nonprofit civil legal help for low and moderate income Kansans. Call 316-267-3975 from 8:00 a.m. to 4:30 p.m., Monday through Friday, to apply. Services depend on eligibility and case priorities. |
| Kansas Elder Hotline | Kansas residents age 60 or older can call 316-267-3975 to ask about free legal advice through Kansas Legal Services. |
| Kansas Bar Association Lawyer Referral Service | Use the lawyer referral route at https://ksbar.org/?pg=clientreferrals to look for a Kansas attorney. |
| Kansas Courts CaseSearch | Free statewide search for case information. Linn County online documents depend in part on the 6th Judicial District's November 2, 2020 Kansas eCourt start date and public-access limits. |
When to hire an attorney
A Kansas probate attorney is especially useful when a will deadline is near, heirs disagree, real estate must be sold, a nonresident fiduciary needs a resident agent under K.S.A. 59-1706, creditor claims are unclear, or the family is choosing between refusal to grant letters (K.S.A. 59-2287), determination of descent (K.S.A. 59-2250), informal administration (K.S.A. 59-3301), and simplified or supervised administration (K.S.A. 59-3202). Kansas compensation for the fiduciary and attorney is allowed as just and reasonable by the court (K.S.A. 59-1717). Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build a clearer estate settlement picture by searching more than 2,300 financial institutions for accounts, organizing known assets and liabilities, and helping identify what may need a Linn County filing.
Generate the probate packet. Sunset turns the family's information into an organized probate packet, including the asset list, contact list and supporting documents an attorney or self-represented filer can use to prepare the Kansas forms and petitions that apply.
Find a local probate attorney. When the estate needs court authority, a home sale, a nonresident fiduciary appointment or help with a disputed issue, Sunset can connect the family with a probate attorney familiar with Kansas district court practice.
Sunset is free for families. Sunset's estate settlement tools are free for families, including asset discovery, document organization and guidance on next steps before a Linn County probate filing is made.
Frequently asked questions
Where do I file probate in Linn County, Kansas?
File with the clerk of the district court at the Linn County Justice Center, 308 Main Street, Suite 105, Mound City, KS 66056 (K.S.A. 20-343). Linn County is in Kansas's 6th Judicial District with Miami and Bourbon counties (K.S.A. 4-207), but Linn County probate filings stay in Linn County.
Does Linn County use a different court for probate?
No. Probate is handled in the Linn County District Court at the Linn County Justice Center in Mound City. The court, not the filing office, admits a will and grants letters testamentary or letters of administration when the statutory requirements are met (K.S.A. 59-701; K.S.A. 59-705).
Can I file electronically in a Linn County probate case?
Kansas-licensed attorneys file electronically under Rule 122. A person filing without a lawyer uses the filing counter, mail, fax to 913-795-2004 or the Linn County drop box under the Kansas self-represented filing rule.
What is the filing fee to open a Linn County probate estate?
The probate estate filing fee is $131.50 as of August 2026, made up of the $109.50 probate estate fee plus the $22 surcharge authorized from July 1, 2026 through June 30, 2030 (K.S.A. 59-104). If you cannot afford the fee, ask about the Poverty Affidavit under K.S.A. 59-104.
How do I look up a Linn County probate case?
Use Kansas Courts CaseSearch for free statewide case information. Linn County, as part of the 6th Judicial District, began Kansas eCourt case management on November 2, 2020, so online documents depend on that date and public-access limits. Older documents or documents not available online may need to be viewed at the courthouse terminal.
Does Linn County publish local probate forms?
The Linn County court page does not publish a local probate packet. Use the free statewide Kansas Judicial Council forms that apply, including the Small Estates Affidavit for qualifying personal property up to $75,000 effective July 1, 2023 (K.S.A. 59-1507b), the case-filing cover sheet, the Self-Represented Litigant Certification Form and the Rule 103 phone or video appearance motion.
Can I appear by phone or video for a Linn County probate hearing?
You can ask by motion under Rule 103. The judge has discretion to allow or deny a phone or video appearance, and you must notify the other parties of the request.
How long do I have to file a will in Linn County?
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). If the family is not ready to open a full estate, filing a will and affidavit may preserve the will if done in time (K.S.A. 59-618a).
Do I need to travel to Mound City if I live out of state?
Not for every step. A self-represented filer can use mail, fax or the drop box for filings, and an out-of-state personal representative can serve if a Kansas resident agent is appointed in writing and the acceptance is filed with the court (K.S.A. 59-706; K.S.A. 59-1706). For hearings, ask for a phone or video appearance under Rule 103.
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.