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Neosho County, KS Probate Information
Quick facts
| Item | Neosho County information |
|---|---|
| Court | Neosho County District Court, Kansas's 31st Judicial District (K.S.A. 4-232) |
| Probate filing location | Erie Division, Neosho County Courthouse, 100 S Main Street, Room 110, Erie, KS 66733 |
| Mailing address | P.O. Box 19, Erie, KS 66733 |
| Phone | 620-244-3831 |
| Fax | 620-244-3830 |
| Other court location | Chanute Division, 102 S Lincoln, Chanute, KS 66720. Probate petitions are filed at Erie, not Chanute. |
| Hours | Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. |
| Filing fee | As of August 2026, $131.50 for probate of an estate or will, made up of the $109.50 statutory fee plus the $22 surcharge (K.S.A. 59-104). Other court costs are taxed as the court directs (K.S.A. 59-104(d)). |
| Local forms | No Neosho County specific probate forms or checklist are published. Use the statewide Kansas Judicial Council forms where available. |
| E-filing | Kansas-licensed attorneys use e-filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A person filing without a lawyer uses in-person, mail, fax or drop box filing. |
| Drop box | Available under the statewide filing rule because Neosho County is not one of the three listed exceptions. Call the Erie Division to confirm which location's drop box to use for a probate filing. |
| Case search | Kansas Courts CaseSearch, casesearch.kscourts.gov. Neosho County documents online begin with the court's Kansas eCourt start date, November 2, 2020. |
| 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 form and ask the clerk which procedure the judge wants. |
| Website | 31jd.org/index.php/neosho-county |
Before you begin — know the assets and liabilities
Before you file anything in Neosho County, make a working list of the accounts, debts, real estate, vehicles, beneficiary designations and any will. That asset picture determines whether estate settlement can stay outside a full administration or whether the Erie Division needs a petition, notice, hearing and letters.
Sunset's 2,300-institution asset discovery can help families find accounts before they choose a Kansas probate route. It is especially useful in Neosho County because the probate filing counter is the Erie Division, while some families may be more familiar with the Chanute courthouse for other case types.
Which court handles jurisdiction
Probate for Neosho County is filed with the clerk of the district court at the Erie Division of the Neosho County Courthouse, 100 S Main Street, Room 110, Erie. Kansas law requires a clerk of the district court in each county (K.S.A. 20-343), and Neosho County keeps its own filing office even though it shares Kansas's 31st Judicial District with Allen, Wilson and Woodson counties (K.S.A. 4-232).
Kansas venue turns on residence and real property. Proceedings are filed in the county of the decedent's residence if the decedent owned real property there; if the decedent did not own real property in the residence county, filing may be in the residence county or in a county where the decedent owned real property; for a nonresident, filing may be in any county where the decedent left estate to administer. The first-filed proceeding controls, and a case filed in the wrong county is transferred rather than dismissed (K.S.A. 59-2203).
Neosho County also holds district court at the Chanute Division, 102 S Lincoln, Chanute. The district's own Neosho County page lists probate under the Erie Division's filings, while the Chanute Division handles other case types. A hearing may be held at either location, so read each notice carefully after the Erie filing is accepted.
The jurisdiction process
- Find the death certificate, the will if there is one, asset information and debt information. If there is a will, decide quickly whether to petition for probate of the will or preserve it by filing a will and affidavit under K.S.A. 59-618a, because a Kansas will must be petitioned for probate within six months of death to pass property unless a statutory savings rule applies (K.S.A. 59-617).
- Choose the Kansas route before you draft. A small estates affidavit under K.S.A. 59-1507b can be used for personal property when the probate assets do not exceed $75,000, effective July 1, 2023 (K.S.A. 59-1507b), and it is given to the holder of the property. Court routes include refusal to grant letters (K.S.A. 59-2287), determination of descent after the required time has passed (K.S.A. 59-2250), informal administration (K.S.A. 59-3301) and simplified or supervised administration as the court decides (K.S.A. 59-3202).
- Prepare the petition required for the route. A petition for administration or for probate of a will uses the statutory requirements in K.S.A. 59-2219 and K.S.A. 59-2220. If you want simplified administration, ask for it in the petition and give reasons, because the court decides at the hearing whether the estate will be simplified or supervised (K.S.A. 59-3202).
- Add the required filing papers. A new case needs a case-filing cover sheet, and anyone filing without a lawyer needs the Self-Represented Litigant Certification Form. If you are asking to waive the $131.50 docket fee, as of August 2026, use the Poverty Affidavit procedure tied to K.S.A. 59-104.
- File at the Erie Division, not Chanute. Take the papers to 100 S Main Street, Room 110, Erie, mail them to P.O. Box 19, Erie, KS 66733 or fax them to 620-244-3830 with the required fax transmission sheet. If using a drop box, call 620-244-3831 first to confirm which Neosho County location should receive a probate filing. Kansas-licensed attorneys use e-filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122).
- Pay the $131.50 docket fee, as of August 2026, for probate of an estate or will (K.S.A. 59-104), unless the court accepts a Poverty Affidavit under K.S.A. 59-104. Other costs, including publication, service, attorney fees and personal representative expenses, are handled as additional court costs as the court directs (K.S.A. 59-104(d)).
- Wait for the court to set the hearing. The court fixes the time and place after the petition is filed (K.S.A. 59-2222). If the hearing notice names Chanute instead of Erie, follow the notice, because the district's Neosho County page says hearings may be held at either county location.
- Give notice. When notice under K.S.A. 59-2209 is required, publication runs once a week for three consecutive weeks, and mailed notice to heirs, devisees and legatees must include the petition and will unless excused by court order (K.S.A. 59-2209). The petitioner also gives notice to creditors within the Kansas timing rule (K.S.A. 59-709), and the personal representative gives actual notice to known or reasonably ascertainable creditors.
- Attend the hearing or ask in advance to appear by phone or video. A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council publishes a motion form for that request. The judge, not the clerk, admits the will and grants letters testamentary to an executor (K.S.A. 59-701) or letters of administration to an administrator (K.S.A. 59-705).
- Administer and close the estate. File the inventory and valuation within 30 days after letters unless the court grants more time (K.S.A. 59-1201). Claims are handled under the later of four months from first publication or 30 days after actual notice for known or reasonably ascertainable creditors (K.S.A. 59-2239). Pay allowed debts and taxes, then seek final settlement and a final decree assigning the estate under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Neosho County
Neosho County does not publish a county specific probate packet, probate cover sheet or probate checklist. The local distinction is where the papers go: probate papers are filed at the Erie Division, 100 S Main Street, Room 110, Erie, not at the Chanute Division.
| Form or resource | Use in Neosho County |
|---|---|
| Small Estates Affidavit | Statewide Kansas Judicial Council form for personal property under K.S.A. 59-1507b, 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 all or part of the $131.50 docket fee, as of August 2026 (K.S.A. 59-104). |
| Motion to Appear in Court by Phone or Video | Used to ask for a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). |
| Probate notice of hearing and petition for allowance of demand | Statewide Kansas Judicial Council probate forms that may fit a particular step, but Kansas does not provide a fill-in petition that opens every probate estate. |
Local nuance
Neosho County-specific considerations
| Local point | What it means |
|---|---|
| Two court locations | Neosho County holds district court in Erie and Chanute. Probate is filed at the Erie Division, 100 S Main Street, Room 110, Erie. The Chanute Division handles other case types. |
| Hearings may be at either location | The district's Neosho County page says hearings may be held at either location. File the probate case at Erie, then follow the hearing notice for where to appear. |
| Midday closure | Both divisions list hours of Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. Plan filings around the closure. |
| Shared district, local filing counter | Neosho County shares Kansas's 31st Judicial District with Allen, Wilson and Woodson counties (K.S.A. 4-232), but Neosho County keeps its own clerk of the district court (K.S.A. 20-343). Do not file a Neosho County estate in another county. |
| District magistrate judge | A district magistrate judge sits in Neosho County, and Kansas law allows a district magistrate judge to hear probate matters, including matters involving real estate (K.S.A. 20-302b). |
Recent updates
| Change | What changed |
|---|---|
| 2026 court fee legislation | The $22 surcharge authority for probate docket fees, as of August 2026, was extended through June 30, 2030 (K.S.A. 59-104). |
| 2026 nonresident fiduciary rule | A nonresident fiduciary's Kansas agent may reside anywhere in Kansas, not only in the county of appointment (K.S.A. 59-1706). |
| 2024 creditor publication timing | The window for publishing notice to creditors changed from 10 days to 30 days after filing the petition (K.S.A. 59-709). |
| 2023 small estates affidavit amount | The Kansas small estates affidavit amount became $75,000, effective July 1, 2023 (K.S.A. 59-1507b). |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Neosho County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by checking how the home is titled and whether any probate asset still needs action in the Erie Division. The surviving spouse may also need the statutory elective-share notice, and any will still has the six months rule (K.S.A. 59-617). | Sunset helps find accounts, organize title information and identify whether estate settlement needs a court filing in Erie. |
| out-of-state adult child w/ small estate | If there is no real estate and probate assets do not exceed $75,000, effective July 1, 2023, the small estates affidavit under K.S.A. 59-1507b may clear personal property through the holder. If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent in writing (K.S.A. 59-706, K.S.A. 59-1706), and may ask for remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). | Sunset helps identify accounts, prepare the right packet and connect the family with local counsel when a Neosho County filing is needed. |
| parent settling predeceased child's estate, home must be sold | The affidavit route under K.S.A. 59-1507b does not move a house. Ask whether refusal to grant letters (K.S.A. 59-2287), informal administration (K.S.A. 59-3301) or simplified administration (K.S.A. 59-3202) fits, and file any probate petition at the Erie Division. | Sunset helps collect asset information, generate a starting packet and find a vetted Kansas probate attorney for a home sale. |
Self-help resources
| Resource | How it helps |
|---|---|
| Neosho County clerk of the district court, Erie Division | Probate filings are received at 100 S Main Street, Room 110, Erie, KS 66733. Mail to P.O. Box 19, Erie, KS 66733. Phone 620-244-3831, fax 620-244-3830. Court staff can receive filings and fees, but cannot choose a probate route or draft your petition. |
| Neosho County District Court, Chanute Division | 102 S Lincoln, Chanute, KS 66720. This location handles other case types. It is not the place to file a probate petition, although a hearing notice may set a hearing there. |
| Kansas Judicial Branch self-help, probate and elder law | self-help.kscourts.gov/ProbateAndElderLaw. Statewide probate information, glossary and links to forms. |
| Kansas Judicial Council free forms | Small Estates Affidavit under K.S.A. 59-1507b, case-filing cover sheets, SRL Certification Form, Poverty Affidavit under K.S.A. 59-104 and Motion to Appear in Court by Phone or Video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). |
| District Court Self-Help Center | The Kansas Judicial Branch directory does not list a Neosho County District Court Self-Help Center. Use the Erie clerk's office for filing questions, and use statewide form and legal resources for next steps. |
| Kansas Legal Services | 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m.; online application Monday 8:00 a.m. to Thursday 4:30 p.m. Services depend on eligibility and case priorities. |
| Kansas Elder Hotline | For Kansas residents age 60 and older, 316-267-3975. |
| Kansas Bar Association Lawyer Referral Service | ksbar.org/?pg=clientreferrals. |
| Kansas Courts CaseSearch | casesearch.kscourts.gov. Search case information online; Neosho County documents online begin with its November 2, 2020 Kansas eCourt start date. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 institutions, organize what is found and build the asset picture needed for Neosho County estate settlement.
Generate the probate packet. Sunset turns the family's information into a starting packet for the Kansas route that fits, including the Erie Division filing point and the statewide forms that apply.
Find a local probate attorney. If the estate needs counsel, Sunset can connect the family with a vetted attorney who understands Kansas probate, the Neosho County filing locations and estate settlement issues involving real estate.
Sunset is free for families. Families can use Sunset to organize the work, understand the next step and decide whether to file on their own or get attorney help.
Frequently asked questions
Where do I file probate in Neosho County?
File probate at the Erie Division of the Neosho County District Court, 100 S Main Street, Room 110, Erie, KS 66733, or mail it to P.O. Box 19, Erie, KS 66733. The Chanute Division is the county's other district court location, but probate filings are listed for Erie.
Can I file a Neosho County probate case in Chanute?
No. The district's Neosho County page lists probate filings at the Erie Division. A hearing may be held at either location, so file at Erie and then follow the court's hearing notice.
Can I use e-filing in Neosho County probate?
Kansas-licensed attorneys use e-filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). If you are filing without a lawyer, use the Erie Division in person, mail, fax or the appropriate drop box, and call 620-244-3831 to confirm which drop box location should receive a probate filing.
What is the Neosho County probate filing fee?
As of August 2026, probate of an estate or will is $131.50, made up of the $109.50 statutory fee plus the $22 surcharge (K.S.A. 59-104). If you cannot pay, ask about a Poverty Affidavit under K.S.A. 59-104.
Is there a Neosho County probate form packet?
No Neosho County specific probate packet is published. Use the Kansas Judicial Council forms that fit your step, including the small estates affidavit under K.S.A. 59-1507b, the case-filing cover sheet, the Self-Represented Litigant Certification Form and the remote appearance motion under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
How do I look up a Neosho County probate case?
Use Kansas Courts CaseSearch at casesearch.kscourts.gov. Case information is searchable online, and Neosho County documents online begin with the court's Kansas eCourt start date, November 2, 2020.
Can I appear by phone or video for a Neosho County probate hearing?
You may ask. A remote appearance is discretionary under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council publishes a Motion to Appear in Court by Phone or Video. File the motion early enough to notify the other parties.
Do I have to travel to Erie if I live outside Kansas?
Not always, but do not assume travel is unnecessary. File the case at the Erie Division, ask for remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103) if travel is burdensome and wait for the judge's order. A nonresident personal representative can serve after appointing a Kansas resident agent in writing (K.S.A. 59-706, K.S.A. 59-1706).
What happens if the family waits to file the will?
A Kansas will must be petitioned for probate within six months of death to pass property unless a statutory savings rule applies (K.S.A. 59-617). If the family is not ready to open the estate, ask quickly about filing a will and affidavit under K.S.A. 59-618a.
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.