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Marion County, KS Probate Information
Quick facts
| Item | Marion County information |
|---|---|
| Court | Marion County District Court, in Kansas's 8th Judicial District (K.S.A. 4-209) |
| Courthouse address | Marion County Courthouse, 200 S 3rd Street, Marion, KS 66861 |
| Mailing address | 200 S 3rd Street, Marion, KS 66861 |
| Filing office | Clerk of the district court for Marion County (K.S.A. 20-343) |
| Phone | 620-382-2104 |
| Fax | 620-382-2259 |
| Clerk hours | Opening and closing hours are not posted in the materials used for this page. Call 620-382-2104 before a filing trip. The Marion County counter posts that pleadings received after 4 p.m. are processed the next business day. |
| Filing fee | A probate estate docket fee is $131.50 for filings on and after July 1, 2026, which is the $109.50 probate estate fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs are billed as the court directs (K.S.A. 59-104). |
| Local forms | Marion County does not publish a local probate form packet found for this page. Use the statewide Kansas Judicial Council forms where available. |
| Electronic filing | Kansas-licensed attorneys must e-file under Rule 122 (Kan. Sup. Ct. R. 122). A person filing without a lawyer files with the clerk of the district court (K.S.A. 20-343) in person, by mail, by fax, or by drop box under the Kansas self-represented filing rule. |
| Drop box | Available in Marion County. A self-represented filing deposited by 4 p.m. local time counts as filed that day. |
| Case search | Kansas Courts CaseSearch provides free statewide case information. Marion County documents are generally online from the county's Kansas eCourt start date, August 5, 2019; older or non-public online records require courthouse terminal access. |
| Remote appearance | A phone or video appearance is discretionary under Rule 103 (Kan. Sup. Ct. R. 103). Use the Kansas Judicial Council motion form and ask the clerk which procedure the assigned judge uses. |
| Court website | 8thkscourts.gov, with a Marion County page at 8thkscourts.gov/31/Marion |
Before you begin — know the assets and liabilities
Before you choose a Marion County probate path, make a practical list of the will, bank accounts, vehicles, real estate, debts, taxes, insurance, beneficiary designations, and any jointly owned property. Kansas has a six months rule for a will of a Kansas resident, so early asset discovery can change the estate settlement plan (K.S.A. 59-617).
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and policies before they file. That helps you decide whether Marion County probate is needed, whether a non-court transfer may work, and what to bring to the clerk of the district court (K.S.A. 20-343).
Which court handles jurisdiction
Probate for Marion County is filed with the clerk of the district court at the Marion County Courthouse in Marion (K.S.A. 20-343). Marion County is part of Kansas's 8th Judicial District with Dickinson, Geary, and Morris counties, but that district grouping does not move a Marion County filing to another county (K.S.A. 4-209).
Kansas venue depends on residence and real property. If the decedent lived in Kansas and owned real property in the county of residence, probate belongs in that county. If the decedent lived in Kansas but owned no real property in the county of residence, the case may be filed in the county of residence or in a county where the decedent owned real property. If the decedent was not a Kansas resident, proceedings may be filed in a county where the decedent left estate to be administered. The first properly started case controls, and a case filed in the wrong county is transferred to the proper county (K.S.A. 59-2203).
The jurisdiction process
- Find the will, death certificate, known asset information, debts, and tax items. If the decedent was a Kansas resident and left a will, decide quickly whether to file a petition to probate the will, because a will cannot pass property unless a petition is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617).
- If the family is not ready to open a full estate, ask whether filing a will and affidavit will preserve the will. Kansas allows the will or a copy to be filed with an affidavit for preservation, and a will filed this way within six months after death may be admitted later (K.S.A. 59-618a; K.S.A. 59-617).
- Choose the correct Kansas path before preparing papers. A small estates affidavit under K.S.A. 59-1507b is for qualifying personal property and is presented to the property holder, not filed as a new court case. Court paths 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, and simplified administration or supervised administration under K.S.A. 59-3202.
- Draft the petition required for the chosen court path. If you want simplified administration, ask for it in the petition and give reasons, because the court decides whether the case will proceed as a simplified estate or a supervised estate (K.S.A. 59-3202).
- Add the required new-case paperwork. A new Marion County filing needs a case-filing cover sheet, and a person filing without a lawyer must include the Self-Represented Litigant Certification Form.
- File with the clerk of the district court at 200 S 3rd Street in Marion, by mail to the same address, by fax to 620-382-2259, or by the courthouse drop box if filing without a lawyer (K.S.A. 20-343). The probate estate docket fee is $131.50 for filings on and after July 1, 2026, under K.S.A. 59-104, or you may file a Poverty Affidavit under K.S.A. 59-104 if you cannot afford the fee. Marion County posts that counter pleadings received after 4 p.m. are processed the next business day.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). If notice by publication is required, notice is published once a week for three consecutive weeks and mailed to heirs, devisees, and legatees within the statutory schedule (K.S.A. 59-2209). Notice to creditors is handled under K.S.A. 59-709.
- Ask early if a phone or video appearance is needed. A remote appearance is discretionary under Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council publishes a motion form for that request.
- At or after the hearing, the court admits the will and grants letters testamentary to an executor if the will names one and the person can serve (K.S.A. 59-701), or grants letters of administration to an administrator when there is no will or no executor can serve (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). Publish and mail required notices, handle creditor demands under the later of four months from first publication or 30 days after actual notice (K.S.A. 59-2239), pay allowed debts and taxes, and move toward final settlement.
- Close the estate by petitioning for final settlement and asking the court for a final decree assigning the estate (K.S.A. 59-2247; K.S.A. 59-2249). If real estate is assigned, follow the Kansas transfer-record step required after the decree.
Forms and documents
Probate forms in Marion County
Marion County does not publish a local probate petition packet, local probate cover sheet, or local probate checklist found for this page. Kansas Judicial Council forms remain important, especially 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 Motion to Appear in Court by Phone or Video under Rule 103 (Kan. Sup. Ct. R. 103).
Kansas does not publish a fill-in petition for opening a probate estate. A petition for administration or a petition to probate a will is drafted from the Kansas Probate Code requirements, or with help from an attorney.
Fees
Marion County does not have a posted county add-on to the statewide probate estate docket fee. A probate estate filing is $131.50 for filings on and after July 1, 2026, which includes the $109.50 fee and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104).
The 8th Judicial District also posts Marion County clerk office copy and certification charges. Current as posted in August 2026, copies cost a minimum of $1.00 for 1 to 4 pages, then $0.25 for each additional page. Current as posted in August 2026, an attorney of record receives one certified copy of a document at no charge, and each additional certified copy of that document costs $1.00. Current as posted in August 2026, printed microfilm pages cost $0.25 per page. These are copy charges, not the probate estate docket fee under K.S.A. 59-104.
If you need file-stamped or certified copies returned by mail, provide a postage-prepaid addressed envelope. The district posts that a separate envelope is needed when copies are requested in more than one case.
Local nuance
Marion County-specific considerations
| Local point | What it means for a Marion County filing |
|---|---|
| 4 p.m. counter processing | The Marion County District Court clerk's office posts that pleadings received at the front counter after 4 p.m. are processed the next business day. For a will deadline measured in six months, do not plan to arrive at the end of the day (K.S.A. 59-617). |
| Exact cash policy | Effective December 1, 2025, the 8th Judicial District clerk's office can accept cash only in the exact amount. Bring the exact cash total or use another accepted payment method. |
| Kansas eCourt date | Marion County's court joined Kansas eCourt on August 5, 2019. Case information is searched through Kansas Courts CaseSearch, and online document availability generally starts from that date. |
| Self-help room | Marion County is listed with a self-help center open Monday through Friday from 8:00 a.m. to 5:00 p.m., not staffed. It offers computers, a printer, and access to a Kansas Legal Services advice line, but it is not a person who prepares probate papers. |
Recent updates
| Date | Update |
|---|---|
| December 1, 2025 | The 8th Judicial District clerk's office, including Marion County, changed cash handling so cash payments must be in the exact amount. |
| November 2025 | Kansas Courts CaseSearch replaced the former statewide district court case-search tool. Marion County case information is now searched through CaseSearch. |
| April 3, 2026 | 2026 HB 2393 extended the $22 docket fee surcharge authority through June 30, 2030, so the probate estate filing remains $131.50 for filings on and after July 1, 2026 (K.S.A. 59-104). |
| April 9, 2026 | 2026 SB 480 changed the nonresident fiduciary agent rule so the required resident agent may live anywhere in Kansas, not only in the county of appointment (K.S.A. 59-1706). |
| July 1, 2024 | The creditor notice publication window changed from 10 days to 30 days after filing the petition (K.S.A. 59-709). |
| July 1, 2023 | The Small Estates Affidavit amount became $75,000 under K.S.A. 59-1507b. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Marion County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled. If probate is needed in Marion County, the spouse should watch for the elective-share notice and any homestead allowance issue under K.S.A. 59-6a215. A transfer-on-death deed is only useful if it was signed and recorded during life (K.S.A. 59-3501; K.S.A. 59-3502). | Sunset helps collect title clues, account information, and family details so the estate settlement plan starts with the property actually owned. |
| Out-of-state adult child with small estate | If the Kansas resident's probate assets are $75,000 or less under K.S.A. 59-1507b and only personal property needs transfer, the Small Estates Affidavit under K.S.A. 59-1507b may avoid a Marion County court case. If letters are needed, an out-of-state personal representative can serve after appointing a Kansas resident agent in writing (K.S.A. 59-706; K.S.A. 59-1706). | Sunset helps locate accounts, prepare a clean asset list, and connect the child with a Kansas attorney if letters or a resident agent filing is needed. |
| Parent settling predeceased child's estate, home must be sold | A Small Estates Affidavit under K.S.A. 59-1507b does not transfer real estate. The parent should 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, and should protect any will within six months after death (K.S.A. 59-617). | Sunset helps organize heirs, debts, home information, and the filing packet so the Marion County petition matches the asset situation. |
Self-help resources
| Resource | How it helps in Marion County |
|---|---|
| Marion County District Court self-help center | Open Monday through Friday from 8:00 a.m. to 5:00 p.m., not staffed. It offers computers, a printer, and a phone line for the Kansas Legal Services Access to Justice Advice Line. |
| Kansas Judicial Branch self-help probate page | Provides Kansas probate and elder law information, including links to forms and general explanations. |
| Kansas Judicial Council forms | Provides the Small Estates Affidavit under K.S.A. 59-1507b, SRL Certification Form, case-filing cover sheets, Poverty Affidavit under K.S.A. 59-104, Rule 119 fax transmission sheet, and Motion to Appear in Court by Phone or Video under Rule 103 (Kan. Sup. Ct. R. 103). |
| Kansas Legal Services | Statewide civil legal aid organization. Call 316-267-3975 from 8:00 a.m. to 4:30 p.m. on weekdays to apply or ask about available help. |
| Kansas Elder Hotline | Kansans age 60 and older may call 316-267-3975 to ask about free legal advice through Kansas Legal Services. |
| Kansas Bar Association lawyer referral | Use ksbar.org/?pg=clientreferrals to look for a lawyer referral if you need probate counsel. |
When to hire an attorney
A lawyer is especially useful in Marion County when the will deadline is close, real estate must be sold, heirs disagree, creditors are active, the personal representative lives outside Kansas, or the petition needs to request informal administration under K.S.A. 59-3301 or simplified administration under K.S.A. 59-3202. Kansas allows fiduciary and attorney compensation that is just and reasonable, 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 financial institutions and helps families build an asset picture before they choose a Marion County probate path. Better asset information makes estate settlement faster and reduces the chance of filing the wrong paperwork.
Generate the probate packet. Sunset turns the family, asset, debt, and will information into an organized packet for the Marion County filing path, including the forms and supporting details that apply to the case.
Find a local probate attorney. When the estate needs legal judgment, a home sale, a contested issue, a resident agent filing, or court appearances, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, find missing assets, understand next steps, and decide whether Marion County probate is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Marion County, Kansas?
File with the clerk of the district court at the Marion County Courthouse, 200 S 3rd Street, Marion, KS 66861 (K.S.A. 20-343). Marion County is in Kansas's 8th Judicial District, but Marion County filings stay at the Marion courthouse (K.S.A. 4-209).
What are the Marion County clerk's hours?
The clerk's opening and closing hours are not posted in the materials used for this page, so call 620-382-2104 before going to the courthouse. The local counter rule is posted: pleadings received after 4 p.m. are processed the next business day.
Can I e-file a Marion County probate case without a lawyer?
Kansas-licensed attorneys must e-file under Rule 122 (Kan. Sup. Ct. R. 122). A person filing without a lawyer files with the clerk of the district court (K.S.A. 20-343) in person, by mail, by fax, or by drop box under the self-represented filing rule.
Can I fax or drop off a probate filing in Marion County?
Yes. The Marion County fax number is 620-382-2259. A self-represented person may also use the courthouse drop box, and a filing deposited by 4 p.m. local time counts as filed that day. If you file by fax, use the Judicial Council's Rule 119 fax transmission sheet.
How much is the Marion County probate filing fee?
The probate estate docket fee is $131.50 for filings on and after July 1, 2026, under K.S.A. 59-104. That total includes the $109.50 probate estate fee and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Marion County also posts copy and certification charges separately from the docket fee under K.S.A. 59-104.
Does Marion County publish local probate forms?
Marion County does not publish a local probate form packet found for this page. Use statewide Kansas Judicial Council forms where available, including 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 Motion to Appear in Court by Phone or Video under Rule 103 (Kan. Sup. Ct. R. 103).
Can I look up a Marion County probate case online?
Use Kansas Courts CaseSearch. Marion County joined Kansas eCourt on August 5, 2019, so online document access generally begins with documents from that date forward, while full public records remain available at the courthouse terminal when the record is public.
Do I have to travel to Marion for a probate hearing?
Possibly, but you may ask for a remote appearance under Rule 103 (Kan. Sup. Ct. R. 103). The judge has discretion to allow or deny a phone or video appearance, and the Kansas Judicial Council publishes a motion form for the request.
What happens if we wait more than six months to deal with a will?
A will of a Kansas resident cannot pass property unless a petition to probate it is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617). If the family is not ready for a full estate, ask promptly about filing a will and affidavit under K.S.A. 59-618a to preserve the will.
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.