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Miami County, KS Probate Information
Quick facts
| Item | Miami County information |
|---|---|
| Court | Miami County District Court |
| Judicial district | Kansas's 6th Judicial District, shared with Bourbon and Linn counties (K.S.A. 4-207) |
| Courthouse address | Miami County Courthouse, 120 S Pearl St., Paola, KS 66071 |
| Mailing address | Miami County Courthouse, 120 S Pearl St., Paola, KS 66071. No separate P.O. Box is published for Miami County by the Kansas Judicial Branch. |
| Filing office | Clerk of the district court, Miami County (K.S.A. 20-343) |
| Phone | 913-294-3326 |
| Fax | 913-294-2535 |
| Hours | Call 913-294-3326 to confirm current clerk counter hours before filing. The Miami County Self-Help Center publishes its own separate schedule. |
| Filing fee | As of August 2026, a probate estate filing is $131.50, made up of the $109.50 probate estate fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs can be taxed as the court directs (K.S.A. 59-104). |
| Local forms | No Miami County-specific probate packet was found. Use the free statewide Kansas Judicial Council forms, including the case-filing cover sheet and Self-Represented Litigant Certification Form. |
| E-filing | Kansas-licensed attorneys must use e-filing under Rule 122. A self-represented filer uses the clerk's office in Paola, mail, fax, or the courthouse drop box. |
| Case search | Kansas Courts CaseSearch provides free statewide case information. Miami County joined Kansas eCourt on November 2, 2020, so online documents generally begin with filings from that date forward. |
| Remote appearance | Ask by motion under Rule 103. The Kansas Judicial Council publishes a free Motion to Appear in Court by Phone or Video, and the judge decides whether to allow it. |
| Website | The Kansas Judicial Branch hosts the 6th Judicial District pages for Miami County court contact information. |
Before you begin — know the assets and liabilities
Before you choose a probate path in Miami County, list what the person owned, how each asset is titled, who is named as beneficiary, and what debts or taxes may need attention. That first inventory determines whether the matter can stay outside a full estate case, whether a petition must be filed in Paola, and whether real estate will require a court order.
Sunset's estate settlement tools help families search across more than 2,300 institutions for accounts, insurance, benefits and other assets before a filing decision is made. That work is especially important in Kansas because using a small estates affidavit under K.S.A. 59-1507b does not preserve a will, and a will for a Kansas resident needs action within six months under K.S.A. 59-617.
Which court handles jurisdiction
Probate for Miami County is filed with the clerk of the district court at the Miami County Courthouse in Paola (K.S.A. 20-343). The Miami County District Court is in Kansas's 6th Judicial District with Bourbon and Linn counties (K.S.A. 4-207), but each county has its own clerk and filing counter.
Kansas venue turns on residence and real property. Proceedings for probate of a will or administration are filed in the county where the decedent lived if the decedent owned real property there. If the decedent did not own real property in the county of residence, filing may be in the county of residence or in any county where the decedent owned real property. For a nonresident decedent, filing may be in any county where estate property is to be administered. The first properly filed case controls, and a case filed in the wrong county can be transferred to the proper county (K.S.A. 59-2203).
The jurisdiction process
- Find the death certificate, the will if there is one, asset titles, beneficiary designations, debts and tax records. If the decedent was a Kansas resident and there is a will, decide early whether to file a petition to probate it or at least preserve it by filing a will and affidavit under K.S.A. 59-618a, because a will must be acted on within six months to pass property (K.S.A. 59-617).
- Choose the Kansas path that fits the assets. Personal property may be handled by a small estates affidavit under K.S.A. 59-1507b when that statute applies. Real estate or a need for authority may require 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 under K.S.A. 59-3202.
- Prepare the petition if a court case is needed. A petition for administration or probate of a will is drafted from the statutory requirements, and a request for simplified administration should state that request and the reasons for it (K.S.A. 59-2219, K.S.A. 59-2220, K.S.A. 59-3202).
- Add the Kansas case-filing cover sheet. If you are filing without a lawyer, also add the Self-Represented Litigant Certification Form. If you cannot pay the filing fee, include a Poverty Affidavit for the court to consider (K.S.A. 59-104).
- File with the clerk of the district court in Paola at 120 S Pearl St., by mail to that address, by fax to 913-294-2535, or in the courthouse drop box. A self-represented document placed in the drop box by 4:00 p.m. local time counts as filed that day under the Kansas self-represented filing rule. As of August 2026, the probate estate docket fee is $131.50 under K.S.A. 59-104.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). If you want to attend by phone or video, file the Rule 103 motion and notify the other parties.
- Give notice as the court orders. Hearing notice is published once a week for three consecutive weeks, with mailing to the required people within seven days after the first publication, and the hearing is set in the statutory window after publication (K.S.A. 59-2209). The petitioner also gives notice to creditors within 30 days after filing as ordered by the court (K.S.A. 59-709).
- If there is a surviving spouse, provide the statutory elective-share notice within 10 days when that duty applies (K.S.A. 59-2233).
- At or after the hearing, the court admits the will and grants letters testamentary to an executor when appropriate (K.S.A. 59-701), or grants letters of administration to an administrator when appropriate (K.S.A. 59-705). The clerk files papers and collects fees, but the court grants the authority.
- After letters are granted, file the inventory and valuation within 30 days unless the court gives more time (K.S.A. 59-1201). Publish and mail creditor notices as required, and handle claims under 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).
- Pay allowed debts, expenses and taxes, then ask for final settlement. The court settles the account and enters the final decree assigning the estate, and real estate assignments are entered on the county clerk's transfer record when required (K.S.A. 59-2247, K.S.A. 59-2249).
Forms and documents
Probate forms in Miami County
Miami County does not publish a county-specific probate packet for opening an estate. Use the free statewide Kansas Judicial Council forms that apply to your filing, including the case-filing cover sheet and the Self-Represented Litigant Certification Form for anyone filing without a lawyer.
The Kansas Judicial Council also publishes the small estates affidavit under K.S.A. 59-1507b, the Poverty Affidavit tied to fee waiver requests under K.S.A. 59-104, the Motion to Appear in Court by Phone or Video for Rule 103 requests, and probate notice or creditor-demand forms. Kansas does not publish a fill-in petition for every probate route, so a petition often must be drafted from the statute or prepared with legal help.
Fees
As of August 2026, the 6th Judicial District local rules list a Miami County photocopy charge of 50 cents per page for nonconfidential files. The same rule lists Bourbon and Linn County photocopies at 25 cents per page, so Miami County's copy charge is a local records cost to plan for if you need paper copies.
This is separate from the K.S.A. 59-104 docket fee to open a probate estate. The probate estate filing is $131.50 as of August 2026, made up of the $109.50 probate estate fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104).
Local nuance
Miami County-specific considerations
- Miami County shares Kansas's 6th Judicial District with Bourbon and Linn counties (K.S.A. 4-207), but Miami County probate filings are made in Paola with the Miami County clerk of the district court (K.S.A. 20-343).
- The Miami County Self-Help Center has its own phone number, 913-294-4374, separate from the clerk's filing line, 913-294-3326.
- The Self-Help Center is located in the courthouse basement and publishes a specific schedule for Tuesday, Wednesday and Friday from 10:00 a.m. to noon and 1:00 p.m. to 3:00 p.m. Call 913-294-4374 before going.
- Miami County's photocopy charge for nonconfidential files is 50 cents per page as of August 2026 under the 6th Judicial District local rules.
Recent updates
| Change | What it means |
|---|---|
| 2026 court fee legislation | The $22 surcharge on the probate estate filing remains authorized through June 30, 2030, so the Miami County probate estate filing is $131.50 as of August 2026 (K.S.A. 59-104). |
| 2026 nonresident fiduciary update | A nonresident fiduciary's resident agent may reside anywhere in Kansas, not necessarily in the county of appointment, when the written appointment and acceptance are filed (K.S.A. 59-1706). |
| 2024 creditor notice update | The publication window for notice to creditors changed to 30 days after filing, with publication as ordered by the court (K.S.A. 59-709). |
| 2023 small estates affidavit update | The small estates affidavit amount was raised to $75,000 effective July 1, 2023, for the K.S.A. 59-1507b affidavit. |
| CaseSearch replacement | Kansas Courts CaseSearch replaced the former statewide public access tool in November 2025. Miami County joined Kansas eCourt on November 2, 2020. |
Scenarios
| Scenario | Likely Miami County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by confirming how the Paola or Miami County real estate is titled. If the home was held in joint tenancy, a termination of joint tenancy filing may be the first question under K.S.A. 59-104. Also watch the spouse notice duties and any homestead allowance issues under K.S.A. 59-6a215 and K.S.A. 59-2233. | Sunset helps collect deed, account, insurance and debt information so the spouse and counsel can see whether a full estate settlement is needed. |
| Out-of-state adult child w/ small estate | If the assets are personal property and the K.S.A. 59-1507b affidavit fits, the child may be able to present that affidavit to the asset holder rather than open a court case. If letters are needed, an out-of-state personal representative can serve after appointing a resident agent in Kansas and filing the written appointment and acceptance (K.S.A. 59-706, K.S.A. 59-1706). | Sunset helps find accounts, prepare an asset list, and connect the child with a Kansas probate attorney if a filing in Paola is needed. |
| Parent settling predeceased child's estate, home must be sold | A house cannot be moved by the K.S.A. 59-1507b affidavit. Ask whether refusal to grant letters can provide marketable title under K.S.A. 59-2287, or whether informal administration under K.S.A. 59-3301 or simplified administration under K.S.A. 59-3202 is the better route. If there is a will, act within six months under K.S.A. 59-617. | Sunset helps organize property, mortgage, account and beneficiary information so the parent can choose the right Miami County filing path with counsel. |
Self-help resources
| Resource | How it helps | Contact or access |
|---|---|---|
| Miami County Self-Help Center | Located in the courthouse basement. The center publishes hours for Tuesday, Wednesday and Friday from 10:00 a.m. to noon and 1:00 p.m. to 3:00 p.m. The statewide directory also lists a broader weekday window, so call before going. | 120 S Pearl St., Paola, KS 66071. Self-Help Center phone: 913-294-4374. |
| Miami County virtual Legal Aid Day | Virtual appointments are listed for the second Tuesday of each month. Applications are available from the district court office. | Call the Miami County Self-Help Center at 913-294-4374 or the clerk's office at 913-294-3326. |
| Kansas Judicial Branch Self-Help probate page | Explains probate and elder law basics and links to statewide forms and resources. | self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms include 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 Rule 103 motion to appear by phone or video. | kjc.ks.gov/legal-forms |
| Kansas Legal Services | Nonprofit civil legal help for low and moderate income Kansans, subject to eligibility and case priorities. | 316-267-3975, weekdays from 8:00 a.m. to 4:30 p.m. |
| Kansas Elder Hotline | Free legal advice program through Kansas Legal Services for Kansas residents age 60 or older, subject to eligibility. | 316-267-3975 |
| Kansas Bar Association Lawyer Referral Service | Referral route for finding a Kansas lawyer. | ksbar.org/?pg=clientreferrals |
When to hire an attorney
A lawyer is especially useful when a Miami County estate includes real estate, a missed or approaching six months will deadline under K.S.A. 59-617, disagreement among heirs, creditor issues under K.S.A. 59-2239, a nonresident personal representative who needs a Kansas resident agent under K.S.A. 59-1706, or a request for informal administration or simplified administration under K.S.A. 59-3301 and K.S.A. 59-3202. 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, benefits and debts, giving the family a clearer starting point for estate settlement.
Generate the probate packet. Sunset organizes the information families need for Kansas probate forms, notices and attorney review, including asset details, family contacts and filing choices for Miami County.
Find a local probate attorney. If the estate needs a petition, real estate transfer, court hearing, creditor work or a Kansas resident agent, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement support without paying Sunset, and can decide whether they want attorney help for the Miami County filing.
Frequently asked questions
Where do I file probate in Miami County, Kansas?
File with the clerk of the district court at the Miami County Courthouse, 120 S Pearl St., Paola, KS 66071 (K.S.A. 20-343). Miami County is in Kansas's 6th Judicial District with Bourbon and Linn counties, but a Miami County case is filed in Paola (K.S.A. 4-207).
Can I e-file a Miami County probate case?
Kansas-licensed attorneys must use e-filing under Rule 122. If you are representing yourself, use the self-represented filing options: in person at the Paola courthouse, by mail, by fax to 913-294-2535, or by drop box.
What is the filing fee to open a probate estate in Miami County?
As of August 2026, the probate estate filing is $131.50, consisting of the $109.50 probate estate fee and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs may be taxed as the court directs (K.S.A. 59-104).
Does Miami County have local probate forms?
No Miami County-specific probate packet was found. Use the Kansas Judicial Council's statewide forms, including the case-filing cover sheet, Self-Represented Litigant Certification Form, Poverty Affidavit under K.S.A. 59-104, Rule 103 motion form, and the small estates affidavit under K.S.A. 59-1507b.
Is there a Self-Help Center at the Miami County Courthouse?
Yes. The Miami County Self-Help Center is in the courthouse basement and publishes hours for Tuesday, Wednesday and Friday from 10:00 a.m. to noon and 1:00 p.m. to 3:00 p.m. Call 913-294-4374 before going because a statewide listing gives a broader weekday window.
Can I appear by phone or video for a Miami County probate hearing?
You can ask the court by motion under Rule 103. The judge has discretion to allow or deny a remote appearance under Rule 103, and the Kansas Judicial Council publishes a free Motion to Appear in Court by Phone or Video.
How do I look up a Miami County probate case?
Use Kansas Courts CaseSearch for free statewide case information. Miami County joined Kansas eCourt on November 2, 2020, so documents available online generally begin with filings from that date forward, while older or nonpublic online records are handled at the courthouse.
Do I have to file a Kansas will within six months in Miami County?
If the person died a Kansas resident, a will does not pass property unless a petition to probate it is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). Filing a will and affidavit under K.S.A. 59-618a within that period can preserve the will for later probate.
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.