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Marshall County, KS Probate Information
Quick facts
| Item | Marshall County details |
|---|---|
| Court | Marshall County District Court, Kansas's 22nd Judicial District under K.S.A. 4-223a |
| Filing office | Clerk of the district court under K.S.A. 20-343, Marshall County Courthouse |
| Courthouse address | 1201 Broadway, Marysville, KS 66508 |
| Mailing address | P.O. Box 149, Marysville, KS 66508-0149 |
| Phone | 785-562-5301 |
| Fax | 785-562-2458 |
| Hours | Published court pages do not list clerk office hours. Call 785-562-5301 before traveling, mailing a deadline filing or using the fax line. |
| Filing fee | A probate estate filing is $131.50 current August 2026, made up of the $109.50 statutory fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Additional court costs are taxed as the court directs under K.S.A. 59-104. |
| Local forms | Marshall County does not publish a local probate packet. Use the statewide Kansas Judicial Council forms where available. |
| E-filing | E-filing is required for Kansas licensed attorneys under Kan. Sup. Ct. R. 122. A self represented filer uses in person filing, mail, fax or the courthouse drop box. |
| Drop box | Available in Marshall County. A self represented filing deposited by 4:00 p.m. local time counts that day under the Kansas self represented filing rule. |
| Case search | Kansas Courts CaseSearch provides free statewide case information. Marshall County joined Kansas eCourt on July 11, 2022, so online documents begin from that date where public access rules allow them. |
| Remote appearance | Remote appearance is discretionary under Kan. Sup. Ct. Rule 103. Use the Kansas Judicial Council motion form and ask the clerk which procedure the judge uses. |
| Court website | districtcourts22jdks.com |
Before you begin — know the assets and liabilities
Before you choose a filing path in Marshall County, list the assets, debts, beneficiary designations, real estate, vehicles, bank accounts and any will. Kansas estate settlement turns on what must pass through probate, whether the will needs to be preserved inside the Kansas deadline, and whether the family needs letters from the court.
Sunset's estate settlement tools help families organize that first picture before paperwork starts. Sunset can search across more than 2,300 financial institutions for accounts and assets, then help you decide what information belongs in the Marshall County filing packet.
Which court handles jurisdiction
Probate for Marshall County is filed in Marysville with the clerk of the district court under K.S.A. 20-343, not with another county in the 22nd Judicial District under K.S.A. 4-223a. The 22nd Judicial District also includes Doniphan, Brown and Nemaha counties, but each county keeps its own filing office.
Kansas venue 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 owned no real property in the county of residence, filing may be in the county of residence or any county where the decedent owned real property. If the decedent was not a Kansas resident, filing may be in any 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
- Collect the death certificate, the will if there is one, asset information and debt information. If the decedent was a Kansas resident, decide within six months of death whether to petition to probate the will or at least preserve the will by filing a will and affidavit under K.S.A. 59-618a, because the will cannot pass property unless a petition is filed within six months of death unless a savings rule applies (K.S.A. 59-617).
- Choose the right Kansas path. A small estates affidavit under K.S.A. 59-1507b can move personal property when the total probate assets do not exceed $75,000 effective July 1, 2023, but it is given to the holder of property and is not filed with the court. 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.
- Prepare the petition for the Marshall County District Court. If you want simplified administration, ask for it in the petition and give reasons because the court decides at the hearing under K.S.A. 59-3202.
- Add the case filing cover sheet. If you are representing yourself, add the Self-Represented Litigant Certification Form. If you cannot afford the $131.50 filing fee current August 2026, you may file a Poverty Affidavit under K.S.A. 59-104.
- File with the clerk of the district court under K.S.A. 20-343 at 1201 Broadway in Marysville, by mail to P.O. Box 149, Marysville, KS 66508-0149, by fax to 785-562-2458, or by the Marshall County drop box. For a self represented drop box filing, deposit it by 4:00 p.m. local time if it must count that day.
- Pay the $131.50 probate estate filing fee current August 2026, which is the $109.50 statutory fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104), unless the court accepts a Poverty Affidavit under K.S.A. 59-104.
- The court fixes the hearing. Kansas requires the court to set the time and place for a petition for probate of a will, administration or refusal to grant letters (K.S.A. 59-2222).
- Give notice as ordered. Hearing notice is published once each week for three consecutive weeks, and mailing to heirs, devisees and legatees must follow the timing rules in K.S.A. 59-2209. Notice to creditors is published within 30 days after filing a petition for administration or probate of a will (K.S.A. 59-709).
- Attend the hearing, or file a motion asking to attend by phone or video. Remote appearance is discretionary under Kan. Sup. Ct. Rule 103, and the judge may deny the request.
- If the court admits the will and appoints an executor, the court grants letters testamentary under K.S.A. 59-701. If there is no will and an administrator is appointed, the court grants letters of administration under K.S.A. 59-705.
- After letters are granted, file the inventory and valuation within 30 days unless the court gives more time (K.S.A. 59-1201). Give actual notice to known or reasonably ascertainable creditors, handle claims under the nonclaim rule in K.S.A. 59-2239, pay debts and taxes, and keep estate settlement records.
- When administration is ready to close, file the petition for final settlement and accounting. The court enters the final decree assigning the estate, and real estate decrees are handled with the county clerk's transfer record under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Marshall County
Marshall County does not publish a local probate packet, local probate checklist or local probate cover sheet on the court websites identified for this page. That means a Marshall County filer uses statewide forms where Kansas provides them and drafts any estate petition from the Kansas Probate Code requirements or with legal help.
| Form or resource | How it is used in Marshall County |
|---|---|
| Small Estates Affidavit | Used outside court to collect eligible personal property when the statutory requirements are met, including the $75,000 amount effective July 1, 2023 (K.S.A. 59-1507b). |
| Case filing cover sheet | Filed with a new Marshall County probate case. |
| Self-Represented Litigant Certification Form | Filed by anyone handling the case without a lawyer. |
| Poverty Affidavit | Used to ask the court to waive all or part of a filing fee, including the $131.50 probate estate fee current August 2026 (K.S.A. 59-104). |
| Motion to Appear in Court by Phone or Video | Used to request remote appearance under Kan. Sup. Ct. Rule 103. |
| Probate Notice of Hearing and Petition for Allowance of Demand | Statewide Kansas Judicial Council probate forms that may be relevant after a case is opened. |
Local nuance
Marshall County-specific considerations
| Local point | What it means |
|---|---|
| Mail goes to a P.O. Box | Use P.O. Box 149, Marysville, KS 66508-0149 for mailed filings, not the courthouse street address. |
| Fax filing is available | The clerk's published fax number is 785-562-2458. A self represented fax filing uses the statewide fax transmission sheet and payment rules. |
| No local self-help center listing | The Kansas Judicial Branch Self-Help Centers page does not list a Marshall County center. Use statewide self-help resources and call the clerk for local filing logistics. |
| Kansas eCourt date | Marshall County joined Kansas eCourt on July 11, 2022. Case information is searchable through CaseSearch, while online documents depend on public access rules and that start date. |
Recent updates
| Update | What changed |
|---|---|
| 2026 filing surcharge | The $22 surcharge for probate filing fees was extended through June 30, 2030, so the Marshall County probate estate filing remains $131.50 current August 2026 under K.S.A. 59-104. |
| 2026 nonresident fiduciary rule | A nonresident fiduciary's resident agent may reside anywhere in Kansas, not only in the county of appointment (K.S.A. 59-1706). |
| 2024 creditor notice timing | The notice to creditors publication window is 30 days after filing a petition for administration or probate of a will (K.S.A. 59-709). |
| 2023 small estates affidavit amount | The small estates affidavit amount is $75,000 effective July 1, 2023 (K.S.A. 59-1507b). |
| 2022 Marshall County eCourt start | Marshall County began operating on Kansas eCourt on July 11, 2022, which affects whether public documents can be viewed online through CaseSearch. |
Scenarios
| Situation | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the Marysville area home is titled. If it was held in joint tenancy, the family may need a termination of joint tenancy filing rather than a full estate. If probate is opened, the spouse should also watch for the elective share notice and any homestead allowance rights, including the $75,000 homestead allowance effective July 1, 2023 (K.S.A. 59-6a215). | Sunset helps collect deeds, account information and beneficiary details so the spouse can see what is probate property and what is outside the estate settlement. |
| Out-of-state adult child with a small estate | If there is no real estate and probate assets qualify, the small estates affidavit under K.S.A. 59-1507b may collect personal property up to $75,000 effective July 1, 2023. If letters are needed, an out-of-state personal representative can serve after appointing a Kansas resident agent in writing under K.S.A. 59-706 and K.S.A. 59-1706, and can ask for remote appearance under Kan. Sup. Ct. Rule 103. | Sunset helps find accounts, organize the asset list and prepare the family to decide whether an affidavit, a will-preservation filing or a court case is needed. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b cannot transfer 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, act within six months of death under K.S.A. 59-617. | Sunset helps assemble the estate settlement documents, identify debts and assets, and connect the family with a Kansas probate attorney when a house sale needs court authority. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Marshall County clerk of the district court under K.S.A. 20-343 | Confirms filing logistics, current hours, fax procedure and hearing logistics for the Marshall County District Court. | 785-562-5301, fax 785-562-2458 |
| Kansas Judicial Branch probate self-help | Explains Kansas probate and elder law basics and links to statewide probate resources. | self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Provides free statewide forms, including the Small Estates Affidavit under K.S.A. 59-1507b, case filing cover sheets, the SRL Certification Form, the Poverty Affidavit under K.S.A. 59-104, and the remote appearance motion under Kan. Sup. Ct. Rule 103. | kjc.ks.gov/legal-forms |
| District Court Self-Help Centers | Marshall County is not listed as having a local center. Use the statewide self-help site and call the clerk for local filing questions. | self-help.kscourts.gov/SelfHelpCenters |
| Kansas Legal Services | Nonprofit civil legal help for eligible Kansans. Intake is by phone on weekdays from 8:00 a.m. to 4:30 p.m., and online application is available from 8:00 a.m. on the first weekday through 4:30 p.m. on the fourth weekday. | 316-267-3975, kansaslegalservices.org |
| Kansas Elder Hotline | Free legal advice may be available for Kansas residents age 60 or older. | 316-267-3975 |
| Kansas Bar Association Lawyer Referral Service | Referral route for families who want to consult a Kansas attorney. | ksbar.org/?pg=clientreferrals |
When to hire an attorney
A lawyer is especially useful in Marshall County when a will deadline is close, heirs disagree, real estate must be sold, a creditor problem is expected, a nonresident personal representative needs to appoint a Kansas resident agent under K.S.A. 59-1706, or the family is unsure whether refusal to grant letters, informal administration or simplified administration is the right path. Kansas allows fiduciary and attorney compensation that is just and reasonable, as the court allows under K.S.A. 59-1717. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build the asset picture needed for estate settlement in Marshall County.
Generate the probate packet. Sunset turns the family's information into an organized probate packet, including the details needed for the Marshall County filing office and the statewide Kansas forms that apply.
Find a local probate attorney. When a Kansas filing needs court strategy, a house sale, a contested issue or a nonresident fiduciary step, Sunset can connect the family with a vetted attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track what has been found and move from asset discovery to the right Marshall County probate step.
Frequently asked questions
Where do I file probate in Marshall County, Kansas?
File with the clerk of the district court under K.S.A. 20-343 at the Marshall County Courthouse in Marysville. The street address is 1201 Broadway, Marysville, KS 66508, and mailed filings go to P.O. Box 149, Marysville, KS 66508-0149.
Does Marshall County have its own probate forms?
Marshall County does not publish a local probate packet. Use statewide Kansas Judicial Council forms where available, including the Small Estates Affidavit under K.S.A. 59-1507b, the case filing cover sheet, the SRL Certification Form, the Poverty Affidavit under K.S.A. 59-104, and the remote appearance motion under Kan. Sup. Ct. Rule 103.
Can I e-file a Marshall County probate case?
E-filing is required for Kansas licensed attorneys under Kan. Sup. Ct. R. 122. A self represented filer files in person, by mail, by fax to 785-562-2458, or by using the Marshall County drop box.
What is the filing fee to open a probate estate in Marshall County?
The probate estate filing fee is $131.50 current August 2026, consisting of the $109.50 statutory fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). If you cannot afford the fee, ask about filing a Poverty Affidavit under K.S.A. 59-104.
Is there a deadline to file a will in Marshall County?
Yes. For a Kansas resident, a will cannot pass property unless a petition for probate is filed within six months of death, unless a savings provision applies (K.S.A. 59-617). If the family is not ready to open an estate, filing a will and affidavit under K.S.A. 59-618a may preserve the will.
Can I appear by phone or video for a Marshall County probate hearing?
You can ask. Remote appearance is discretionary under Kan. Sup. Ct. Rule 103, and the Kansas Judicial Council publishes a motion form. The judge can deny the request, so call the clerk about local procedure before relying on it.
How do I look up a Marshall County probate case?
Use Kansas Courts CaseSearch for free statewide case information. Marshall County joined Kansas eCourt on July 11, 2022, so public online documents begin from that date when court access rules allow them. Older documents and items not available online may require use of the courthouse public terminal.
Does Marshall County have a local self-help center?
The Kansas Judicial Branch Self-Help Centers page does not list a Marshall County center. Use the statewide probate self-help page, Kansas Judicial Council forms and Kansas Legal Services, and call the clerk for local filing logistics.
Do I have to travel to Marysville if I live out of state?
Not always. A self represented filing may be sent by mail, fax or drop box, and an out-of-state personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-1706. For hearings, ask for remote appearance under Kan. Sup. Ct. Rule 103, but do not assume the request will be granted.
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.