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Osage County, KS Probate Information
Quick facts
| Item | Osage County information |
|---|---|
| Court | Osage County District Court, in Kansas's 4th Judicial District (K.S.A. 4-205) |
| Courthouse address | Osage County Courthouse, 717 Topeka Avenue, Lyndon, KS 66451 |
| Mailing address | P.O. Box 549, Lyndon, KS 66451 |
| Clerk phone | 785-828-4713 |
| Fax | 785-828-4704 |
| Hours | Weekdays, 8 a.m. to noon and 1 p.m. to 4 p.m. |
| Filing fee | Probate estate filing: $131.50, effective July 1, 2026, made up of the $109.50 statutory amount and the $22 surcharge under K.S.A. 59-104. Additional court costs are taxed as the court directs under K.S.A. 59-104(d). |
| Local forms | No Osage County probate packet is posted. Use Kansas Judicial Council forms and any case-specific petition required by Kansas law. |
| E-filing | Kansas-licensed attorneys use mandatory e-filing under Rule 122. Self-represented filers use in person, mail, or fax filing in Osage County. |
| Self-represented filing | File at 717 Topeka Avenue, mail to P.O. Box 549, or fax to 785-828-4704. Osage County is one of the counties excluded from drop box filing. |
| Case search | Kansas Courts CaseSearch at casesearch.kscourts.gov. Osage County began Kansas eCourt case management on November 2, 2020, so online documents depend on that date. |
| Remote appearance | Ask by motion under Kan. Sup. Ct. R. 103. The judge decides whether a phone or video appearance is allowed. |
| Self-help center | Osage County has a self-help center listed by the state, but call the clerk at 785-828-4713 for its location and current hours. |
| Website | franklincoks.org/334/Osage |
Before you begin — know the assets and liabilities
Before you file anything in Osage County, list the assets, debts, titles, beneficiary designations, and whether a will exists. Kansas has several estate settlement paths, and the right filing depends on whether the estate needs letters, whether real estate is involved, and whether the will must be preserved within six months under K.S.A. 59-617.
Sunset can help you search across more than 2,300 financial institutions, organize accounts, and prepare for the Osage County filing conversation. Starting with a complete asset picture keeps estate settlement from turning into repeated calls to banks, insurers, and the clerk.
Which court handles jurisdiction
Probate for Osage County is filed with the clerk of the district court at the Osage County Courthouse in Lyndon (K.S.A. 20-343). Osage County shares Kansas's 4th Judicial District with Anderson, Coffey, and Franklin counties (K.S.A. 4-205), but those counties do not take Osage County probate filings.
Venue in Kansas depends on residence and real property (K.S.A. 59-2203). If the decedent lived in Kansas and owned real property in the county of residence, file in that county. If the decedent lived in Kansas but owned no real property in the county of residence, file in the county of residence or in a county where the decedent owned real property. If the decedent was not a Kansas resident, file in a county where estate property must be administered. If proceedings start in more than one county, the first-filed case controls while venue is decided, and a case filed in the wrong county is transferred under K.S.A. 59-2203.
The jurisdiction process
- Collect the death certificate, the will if one exists, asset information, debts, addresses for heirs and devisees, and any beneficiary designations. If the decedent died a Kansas resident, 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 savings provision applies (K.S.A. 59-617). If the estate is not ready for full administration, filing a will and affidavit under K.S.A. 59-618a can preserve the will.
- Choose the Kansas path before drafting. The small estates affidavit under K.S.A. 59-1507b can be given to the holder of personal property when the probate assets do not exceed $75,000, effective July 1, 2023, under K.S.A. 59-1507b. Other 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 as the court decides under K.S.A. 59-3202.
- Prepare the petition for Osage County. A petition for administration or probate of a will is drafted from 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 that request under K.S.A. 59-3202.
- Add the statewide filing documents. A new case needs a case-filing cover sheet. A person filing without a lawyer also needs the Self-Represented Litigant Certification Form.
- File with the clerk of the district court in Lyndon (K.S.A. 20-343). Self-represented Osage County filers file in person at 717 Topeka Avenue, by mail to P.O. Box 549, Lyndon, KS 66451, or by fax to 785-828-4704. Osage County is excluded from courthouse drop box filing. Pay the $131.50 filing fee, effective July 1, 2026, under K.S.A. 59-104, or file a Poverty Affidavit under K.S.A. 59-104 if you are asking the court to waive or defer the fee.
- Wait for the court to set the hearing. In Kansas, the court fixes the time and place for a hearing on a petition for probate of a will, administration, or refusal to grant letters (K.S.A. 59-2222). The clerk files papers and takes the fee, but the court decides whether to admit the will, appoint a fiduciary, and grant letters.
- Give notice. When K.S.A. 59-2209 notice is required, notice is published once a week for three consecutive weeks, the first publication is made within 30 days after the order setting the hearing, and mailed notice with the petition and will goes to required recipients within 7 days after first publication. The petitioner also gives notice to creditors within 30 days after filing the petition, published as K.S.A. 59-709 requires.
- Handle spouse notice when required. The personal representative, a refusal to grant letters petitioner, or a K.S.A. 59-618a affiant must mail the surviving spouse the statutory elective-share notice within 10 days under K.S.A. 59-2233.
- Attend the hearing. The hearing date under K.S.A. 59-2209 is not earlier than 10 days and not later than 30 days after the last publication. If the court approves the petition, it admits the will when appropriate and grants letters testamentary to an executor under K.S.A. 59-701 or letters of administration to an administrator under K.S.A. 59-705.
- Administer the estate. File the inventory and valuation within 30 days after letters unless the court allows more time (K.S.A. 59-1201). Give actual notice to known or reasonably ascertainable creditors, and apply the Kansas claim bar, which is the later of four months from first publication or 30 days after actual notice under K.S.A. 59-2239.
- Close the estate. After claims, expenses, taxes, and distributions are ready, file the petition for final settlement and accounting. The court's final decree assigns the estate under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Osage County
Osage County does not post a county-specific probate packet or checklist. Use the Kansas Judicial Council's free statewide forms where they apply, and draft any petition from the Kansas Probate Code requirements or with a lawyer's help.
| Form or resource | Use in Osage County |
|---|---|
| Small Estates Affidavit | For personal property when the estate qualifies under K.S.A. 59-1507b. The $75,000 figure is effective July 1, 2023, under K.S.A. 59-1507b. |
| Self-Represented Litigant Certification Form | Required for a person filing without a lawyer. |
| Case-filing cover sheet | Required with a new case. |
| Poverty Affidavit | Use when asking for a fee waiver or deferral under K.S.A. 59-104. |
| Motion to Appear in Court by Phone or Video | Use to request a remote appearance under Kan. Sup. Ct. R. 103. |
| Probate Notice of Hearing and Petition for Allowance of Demand | Statewide Judicial Council probate forms that may be relevant after a case is underway. |
Local nuance
Osage County-specific considerations
| Local point | What it means |
|---|---|
| Drop box filing | Osage County is one of three Kansas counties excluded from self-represented drop box filing. Use in person, mail, or fax filing instead. |
| Clerk phone | Call 785-828-4713 for probate filing questions. The 785-828-4514 number that appears in some public listings is a judges' chambers line. |
| Clerk hours | The clerk's office is open weekdays from 8 a.m. to noon and from 1 p.m. to 4 p.m., with a midday closure. |
| Shared district | Osage County is in Kansas's 4th Judicial District with Anderson, Coffey, and Franklin counties (K.S.A. 4-205), but probate filings for Osage County stay in Lyndon with the Osage County clerk of the district court (K.S.A. 20-343). |
Recent updates
| Change | Current rule |
|---|---|
| Probate filing surcharge | The $22 surcharge authority runs through June 30, 2030, and is part of the $131.50 probate estate filing amount, effective July 1, 2026, under K.S.A. 59-104. |
| Nonresident fiduciary agent | A nonresident fiduciary's resident agent may reside anywhere in Kansas, with the writing filed in the district court, under K.S.A. 59-1706. |
| Notice to creditors | The notice to creditors publication window is 30 days after filing under K.S.A. 59-709. |
| Small Estates Affidavit | The small estates affidavit amount is $75,000, effective July 1, 2023, under K.S.A. 59-1507b. |
| Case search | Kansas Courts CaseSearch replaced the former statewide public search tool in November 2025. Osage County online document availability depends on its November 2, 2020 Kansas eCourt start date. |
Scenarios
| Scenario | Likely Osage County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the deed is titled and whether a court filing is needed for the home. Also watch the spouse notice duties and Kansas spouse protections, including the homestead allowance under K.S.A. 59-6a215 and the elective-share notice under K.S.A. 59-2233. | Sunset helps identify accounts, debts, insurance, and title clues so the spouse can see what is already passing outside probate and what still needs estate settlement. |
| Out-of-state adult child with 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 solve personal property transfers without letters. If letters are needed, an out-of-state personal representative can serve after appointing a Kansas resident agent in writing under K.S.A. 59-1706, and can ask for a remote appearance under Kan. Sup. Ct. R. 103. | Sunset helps find accounts, prepare an organized packet, and connect the child with Kansas counsel when Osage County filing or agent appointment is needed. |
| Parent settling predeceased child's estate, home must be sold | The K.S.A. 59-1507b affidavit does not transfer real estate. 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. If there is a will, protect the six months deadline under K.S.A. 59-617. | Sunset helps build the asset list, flag real estate, organize creditor and tax information, and find a local probate attorney for the sale path. |
Self-help resources
| Resource | How it helps Osage County families |
|---|---|
| Osage County clerk of the district court | Call 785-828-4713 for filing questions, current access details, and the self-help center's location and hours. File at 717 Topeka Avenue, mail to P.O. Box 549, Lyndon, KS 66451, or fax 785-828-4704. The clerk receives filings but does not choose your probate route or draft your petition. |
| Osage County District Court Self-Help Center | The state lists an Osage County self-help center and describes it as not staffed. Call the clerk at 785-828-4713 before you go for its location, hours, and available equipment. |
| Kansas Judicial Branch probate and elder law self-help | self-help.kscourts.gov/ProbateAndElderLaw explains basic probate terms and links to statewide resources. |
| Kansas Judicial Council forms | Free forms include the small estates affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, case-filing cover sheets, the Poverty Affidavit under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video under Kan. Sup. Ct. R. 103. |
| Kansas Legal Services | Call 316-267-3975, weekdays 8:00 a.m. to 4:30 p.m. Online applications are available from Monday 8:00 a.m. through Thursday 4:30 p.m. Eligibility and case acceptance depend on the program. |
| Kansas Elder Hotline | Kansas residents age 60 or older may call 316-267-3975 for elder-law help through Kansas Legal Services. |
| Kansas Bar Association Lawyer Referral Service | ksbar.org/?pg=clientreferrals can help families look for a Kansas lawyer. |
| Kansas Courts CaseSearch | Use casesearch.kscourts.gov to search public case information. Osage County documents online depend on the November 2, 2020 Kansas eCourt start date. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build the asset picture needed for Osage County estate settlement.
Generate the probate packet. Sunset organizes the information a Kansas petition usually needs, including heirs, devisees, account details, real estate notes, and filing tasks for the clerk of the district court (K.S.A. 20-343).
Find a local probate attorney. When the estate needs real estate authority, court letters, a Kansas resident agent, or a Rule 103 remote appearance request, Sunset can connect the family with Kansas counsel.
Sunset is free for families. Families can use Sunset to organize estate settlement, discover assets, and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate in Osage County, Kansas?
File with the clerk of the district court at the Osage County Courthouse in Lyndon (K.S.A. 20-343). Use 717 Topeka Avenue for in-person filing, P.O. Box 549 for mail, and 785-828-4704 for fax.
Can I e-file an Osage County probate case myself?
Kansas-licensed attorneys must use e-filing under Rule 122. A self-represented Osage County filer uses in person, mail, or fax filing.
Does Osage County have a drop box for probate filings?
No. Osage County is one of the Kansas counties excluded from drop box filing for self-represented litigants. Use in person, mail, or fax filing with the Osage County clerk.
What is the filing fee to open a probate estate in Osage County?
The probate estate filing amount is $131.50, effective July 1, 2026, under K.S.A. 59-104. That includes the $109.50 statutory amount and the $22 surcharge under K.S.A. 59-104. Other costs can be taxed as the court directs under K.S.A. 59-104(d).
How do I look up an Osage County probate case?
Use Kansas Courts CaseSearch at casesearch.kscourts.gov. Osage County began Kansas eCourt case management on November 2, 2020, so online document access depends on that date and on public-access rules.
Are there Osage County probate forms?
Osage County does not post a local probate packet. Use Kansas Judicial Council statewide forms where they apply, including the small estates affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, case-filing cover sheet, and Poverty Affidavit under K.S.A. 59-104.
Can I appear by phone or video for an Osage County probate hearing?
You can ask for a remote appearance under Kan. Sup. Ct. R. 103 by motion and by notifying the other parties. The judge decides whether to allow the phone or video appearance.
What is the Kansas deadline for filing a will in Osage County?
If the decedent died a Kansas resident, a will cannot 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 window can preserve the will for later probate.
Do I have to travel to Lyndon for every step?
Not always. Self-represented filings can be mailed or faxed to the Osage County clerk, and you can ask for a remote appearance under Kan. Sup. Ct. R. 103. The court decides whether a hearing may be handled by phone or video.
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.