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Montgomery County, KS Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Montgomery County District Court, Kansas's 14th Judicial District (K.S.A. 4-215) |
| Independence location | Montgomery County Courthouse, 300 E Main St., Suite 201, Independence, KS 67301 |
| Independence mailing | 300 East Main Street, Suite 201, Independence, KS 67301 |
| Independence phone | 620-330-1070 |
| Independence fax | 620-331-6120 |
| Coffeyville location | Montgomery County Courthouse, 102 W 7th, Suite A, Coffeyville, KS 67337 |
| Coffeyville mailing | 102 West 7th Street, Suite A, Coffeyville, KS 67337 |
| Coffeyville phone | 620-251-1060 |
| Coffeyville fax | 620-251-2734 |
| Hours | Both locations are open Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. |
| Filing fee | As of August 2026, a probate estate filing is $131.50, made up of a $109.50 statutory charge plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Additional court costs are handled as the court directs (K.S.A. 59-104). |
| Local forms | No Montgomery County-specific probate form, cover sheet or checklist is published. Use the Kansas Judicial Council statewide forms where available. |
| E-filing | Kansas-licensed attorneys must use electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses in-person filing, mail, fax or a drop box under the Kansas self-represented filing rule. |
| Case search | Kansas Courts CaseSearch is the statewide search tool. The 14th Judicial District joined Kansas eCourt on November 2, 2020, so online documents for Montgomery County begin from that district date where public access rules allow. |
| Remote appearance | A phone or video appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Use the Kansas Judicial Council Motion to Appear in Court by Phone or Video and ask the clerk which local procedure the assigned judge uses. |
| Website | 14th district court website |
Before you begin — know the assets and liabilities
Before you file in Montgomery County, identify the assets, debts, account holders and real estate involved. That determines whether the family needs a court case, a Kansas Judicial Council affidavit, a real estate order or a full administration.
Sunset can support estate settlement by helping locate accounts through its 2,300-institution asset discovery process, organize balances and beneficiary clues, and prepare a clearer packet before you contact the Independence or Coffeyville clerk's office.
Which court handles jurisdiction
Montgomery County has two court locations for the Montgomery County District Court: Independence and Coffeyville. K.S.A. 4-215 names both cities for court in Montgomery County, and Kansas law keeps a clerk of the district court in each county (K.S.A. 20-343). Montgomery County shares Kansas's 14th Judicial District with Chautauqua County, but a Montgomery County probate case stays with a Montgomery County clerk's office, not Sedan (K.S.A. 4-215).
Kansas venue depends on the decedent and the property. If a Kansas resident owned real property in the county of residence, probate belongs in that county. If the resident did not own real property there, venue can be the county of residence or a county where the decedent owned real property. For a nonresident decedent, venue can be a Kansas county where estate property is to be administered. The first properly filed proceeding controls, and a case filed in the wrong county is transferred rather than dismissed (K.S.A. 59-2203). That venue rule selects Montgomery County when it applies, but it does not answer which of the two Montgomery County filing counters should receive a particular filing, so call before filing.
The jurisdiction process
- Gather the death certificate, the will if there is one, asset information, debt information and real estate details. If there is a Kansas will, decide promptly whether to file a petition for probate or at least preserve the will with a filing a will and affidavit under K.S.A. 59-618a, because a will generally must be petitioned for probate within six months after death (K.S.A. 59-617).
- Choose the Kansas path that fits the estate. Common statewide options include a small estates affidavit under K.S.A. 59-1507b for qualifying personal property, refusal to grant letters under K.S.A. 59-2287, determination of descent under K.S.A. 59-2250 after the statutory waiting point, 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 Montgomery County court case is needed. A petition for administration or probate of a will is based on K.S.A. 59-2219 or K.S.A. 59-2220, and if you want simplified administration you must ask for it and give reasons under K.S.A. 59-3202.
- Add the required filing documents. A new case needs the Kansas case-filing cover sheet, and a self-represented filer needs the Self-Represented Litigant Certification Form. If you cannot pay the filing charge, ask about the Poverty Affidavit under K.S.A. 59-104.
- File with the clerk of the district court in Montgomery County (K.S.A. 20-343). Use the Independence location at 300 E Main St., Suite 201, or the Coffeyville location at 102 W 7th, Suite A, after calling to confirm which office should receive your papers. A self-represented filer may file in person, by mail, by fax or by available drop box. As of August 2026, opening a probate estate costs $131.50, including the $109.50 statutory amount and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104).
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). The court, not the clerk, decides whether to admit the will, appoint an executor or administrator, and grant letters.
- Give the required notices. Hearing notice is published once a week for three consecutive weeks, mailed within the required time, and set for hearing in the statutory window (K.S.A. 59-2209). A petitioner for administration or probate of a will also gives notice to creditors within 30 days after filing under K.S.A. 59-709, and the surviving spouse receives the statutory elective-share notice when K.S.A. 59-2233 applies.
- Attend the hearing in Independence or Coffeyville, or file a motion requesting a phone or video appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). If the court grants the petition, it may grant letters testamentary to the executor under K.S.A. 59-701 or letters of administration to an administrator under K.S.A. 59-705.
- Administer the estate after letters are granted. The personal representative files the inventory and valuation within 30 days after letters unless the court allows more time (K.S.A. 59-1201), gives required creditor notice, pays allowed debts and taxes, and tracks the claim period under K.S.A. 59-2239.
- Close the estate by petitioning for final settlement and accounting. The court enters the final decree assigning the estate, and when real estate is involved, the decree is handled for the county transfer record as required by K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Montgomery County
Montgomery County does not publish a county-specific probate petition, checklist or local probate cover sheet. The 14th district court website points users to Kansas Judicial Council forms.
| Form or resource | Use |
|---|---|
| Small Estates Affidavit | For qualifying personal property transfers under K.S.A. 59-1507b. This is a statewide Kansas Judicial Council form. |
| Case-filing cover sheet | Required when opening a new case in Kansas district court. |
| Self-Represented Litigant Certification Form | Required if you are filing without a lawyer. |
| Poverty Affidavit | Used to ask the court to waive or defer the filing charge under K.S.A. 59-104. |
| Motion to Appear in Court by Phone or Video | Used to request a discretionary remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). |
| Probate notice of hearing | Statewide Judicial Council notice form connected to Kansas probate notice practice. |
| Petition for allowance of demand | Statewide Judicial Council form for a creditor demand. |
Kansas does not publish a fill-in statewide petition for probate of a will, petition for administration, petition for 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. Those filings are usually drafted from the statutes or by counsel.
Local nuance
Montgomery County-specific considerations
| Local point | What it means |
|---|---|
| Two court locations | Montgomery County court is held in Independence and Coffeyville, and K.S.A. 4-215 names both cities. Neither location should be treated as a lesser office. |
| Same public hours at both locations | Both clerk counters are open Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. |
| Separate fax numbers | Independence uses 620-331-6120. Coffeyville uses 620-251-2734. Fax is one available route for a self-represented filing. |
| Shared district, local filing | Montgomery County shares Kansas's 14th Judicial District with Chautauqua County (K.S.A. 4-215), but the clerk of the district court is maintained county by county (K.S.A. 20-343). File in Montgomery County, not in Chautauqua County. |
| Judge assignment | The district's resident district magistrate judge sits in Chautauqua County, and district magistrate judge authority in probate comes from K.S.A. 20-302b. Do not assume which judge will hear a Montgomery County probate matter. |
| No listed local self-help center | The Kansas Judicial Branch District Court Self-Help Center directory does not list a center for Montgomery County. Use the clerk's office for filing logistics, the Kansas Judicial Council forms and Kansas Legal Services for eligibility-based help. |
| eCourt date | The 14th Judicial District joined Kansas eCourt on November 2, 2020, so online documents for both Montgomery County locations begin from that date where public access rules allow. |
Recent updates
| Update | What changed |
|---|---|
| 2026 court surcharge | The $22 surcharge for Kansas probate filings is authorized through June 30, 2030, so the August 2026 probate estate filing total in Montgomery County is $131.50, including $109.50 plus $22 (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 publication timing | A petitioner for administration or probate of a will gives notice to creditors within 30 days after filing under K.S.A. 59-709. |
| 2025 case search change | Kansas Courts CaseSearch is the statewide district court search tool, and Montgomery County online documents begin with the 14th Judicial District eCourt start date of November 2, 2020 where public access rules allow. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title to the home and any beneficiary designations. If a court filing is needed in Montgomery County, call Independence or Coffeyville before filing. The spouse may also need the statutory elective-share notice, and homestead allowance issues can arise under K.S.A. 59-6a215. | Sunset helps identify accounts, insurance, real estate clues and debts so the spouse can decide whether the estate settlement needs a court case or a narrower filing. |
| Out-of-state adult child with small estate | If the assets qualify for the small estates affidavit under K.S.A. 59-1507b and there is no real estate to transfer, the affidavit may solve the personal property piece. 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, 59-1706), and may request a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset organizes the asset list and can generate a probate packet or connect the family with Kansas counsel before the child decides whether travel to Montgomery County is necessary. |
| Parent settling predeceased child's estate, home must be sold | A Kansas Judicial Council affidavit under K.S.A. 59-1507b does not transfer the home. The parent should ask counsel whether 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 under K.S.A. 59-3202 fits the facts. If there is a will, the six months rule under K.S.A. 59-617 matters immediately. | Sunset helps locate mortgage information, liens, accounts and sale-related documents, then helps the family move from information gathering to the right estate settlement path. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montgomery County clerk's offices | Use the clerk's offices for filing logistics, location choice, current hours, fax filing and drop box questions. The clerk of the district court is the filing office under K.S.A. 20-343, but court staff do not provide legal advice. | Independence: 620-330-1070. Coffeyville: 620-251-1060. |
| Kansas Judicial Branch probate self-help | Statewide probate information, glossary and links to forms. | Probate and elder law self-help |
| Kansas Judicial Council forms | Free statewide forms, including the small estates affidavit under K.S.A. 59-1507b, case-filing cover sheet, Self-Represented Litigant Certification Form, Poverty Affidavit under K.S.A. 59-104, and the motion for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Kansas Judicial Council legal forms |
| Kansas Legal Services | Eligibility-based civil legal help and education for Kansans, with intake by phone and online during posted windows. | 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m. |
| Kansas Elder Hotline | Free legal advice screening for Kansas residents age 60 or older through Kansas Legal Services. | 316-267-3975 |
| Kansas Bar Association Lawyer Referral Service | Referral route for finding private counsel. | KBA lawyer referral |
| District Court Self-Help Center | The Kansas Judicial Branch directory does not list a District Court Self-Help Center for Montgomery County. | Use the Independence or Coffeyville clerk's office for filing logistics. |
When to hire an attorney
A lawyer is especially helpful when the will deadline is close, the estate includes real estate, family members disagree, a creditor issue is likely, a nonresident personal representative needs a resident agent under K.S.A. 59-1706, or the family is choosing among 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 under K.S.A. 59-3202. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, retirement plans, life insurance, real estate leads, debts and recurring bills, giving the personal representative a clearer starting point for estate settlement.
Generate the probate packet. Sunset turns the information you collect into an organized packet for the Montgomery County filing office or the attorney helping with the case, including asset lists, contact lists and task tracking.
Find a local probate attorney. When a court petition, real estate transfer, creditor issue or family dispute needs legal work, Sunset can help connect the family with a Kansas probate attorney familiar with estate settlement.
Sunset is free for families. Families can use Sunset to organize the work, understand the next steps and decide whether they need attorney help without paying Sunset for access.
Frequently asked questions
Where do I file probate in Montgomery County, Kansas?
File with the Montgomery County clerk of the district court (K.S.A. 20-343). Montgomery County has two court locations, Independence at 300 E Main St., Suite 201, and Coffeyville at 102 W 7th, Suite A. K.S.A. 4-215 names both cities for court in Montgomery County, so call before filing to confirm which counter should receive your papers.
Does Montgomery County have one courthouse for probate?
No. Montgomery County court is held in both Independence and Coffeyville under K.S.A. 4-215. Do not assume one location is only an annex or that all estate settlement filings go to Independence.
Can I e-file a Montgomery County probate case?
Kansas-licensed attorneys must use electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented filer uses in-person filing, mail, fax or an available drop box, and should call the Independence or Coffeyville clerk's office for location-specific filing instructions.
What is the probate filing fee in Montgomery County?
As of August 2026, the probate estate filing total is $131.50, made up of the $109.50 statutory amount and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Montgomery County has no local uplift like the separate additions used in two other Kansas counties.
Can I appear remotely for a Montgomery County probate hearing?
A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). File the Kansas Judicial Council motion, notify the other parties and ask the clerk which procedure the assigned judge uses. No local platform designation is published for Montgomery County.
How do I look up a Montgomery County probate case?
Use Kansas Courts CaseSearch. The 14th Judicial District, including Montgomery County, joined Kansas eCourt on November 2, 2020, so online documents begin from that date where public access rules allow. Public case information may be broader than online documents.
Are there Montgomery County probate forms?
No Montgomery County-specific probate petition, cover sheet or checklist is published. Use Kansas Judicial Council statewide forms where they fit, including the small estates affidavit under K.S.A. 59-1507b, the case-filing cover sheet, the Self-Represented Litigant Certification Form and the Poverty Affidavit under K.S.A. 59-104.
What if there is a will and the family is not ready to open probate?
Kansas has a six months rule for a will of a Kansas resident, so a petition for probate generally must be filed within six months after death (K.S.A. 59-617). If the family is not ready for a full estate, ask counsel immediately about preserving the will through filing a will and affidavit under K.S.A. 59-618a or another statutory option.
Do I have to travel to Montgomery County if I live out of state?
Not always, but do not assume travel can be avoided. A nonresident personal representative can serve after appointing a Kansas resident agent (K.S.A. 59-706, 59-1706), and a remote appearance may be requested under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). The judge decides whether a phone or video appearance will be allowed.
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.