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Osborne County, KS Probate Information
Quick facts
| Topic | Osborne County details |
|---|---|
| Court | Osborne County District Court |
| Judicial district | Kansas's 17th judicial district (K.S.A. 4-218) |
| Filing office | Clerk of the district court for Osborne County (K.S.A. 20-343) |
| Courthouse address | Osborne County Courthouse, 423 W Main, Osborne, KS 67473 |
| Mailing address | PO Box 160, Osborne, KS 67473-0160 |
| Phone | 785-346-5911 |
| Fax | 785-346-5992 |
| Hours | Monday through Friday, 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m., closed during the noon hour |
| Filing fee | $131.50 as of August 2026, for probate of an estate or will, made up of the $109.50 statutory filing fee 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 Osborne County-specific probate petition form is published. Statewide Kansas Judicial Council forms apply. |
| E-filing status | Electronic filing is required for Kansas-licensed attorneys under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). Self-represented filers use in-person filing, mail, fax, or the courthouse drop box where available. |
| Case search | Kansas Courts CaseSearch at casesearch.kscourts.gov. Osborne County documents are available online from July 11, 2022 forward, while case information is searchable statewide. |
| 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 uses. |
| Website | Osborne County's District Court department page on osbornecounty.org, plus the Kansas Judicial Branch page for the 17th judicial district (K.S.A. 4-218) |
Before you begin — know the assets and liabilities
Before you choose a Kansas probate path, make a working list of the accounts, real estate, debts, vehicles, benefits, and likely heirs. Osborne County has no local fill-in petition for opening an estate, so the asset list is what lets you decide whether a court case is needed and what kind of estate settlement fits.
Sunset's 2,300-institution asset discovery helps families find accounts before they file, which is especially useful when you are trying to avoid an incomplete Osborne County petition, a rejected filing, or a late decision under Kansas's will deadline.
Which court handles jurisdiction
Probate for Osborne County is filed with the clerk of the district court at the Osborne County Courthouse in Osborne (K.S.A. 20-343). Osborne County is in Kansas's 17th judicial district with Decatur, Graham, Norton, Phillips and Smith counties (K.S.A. 4-218), but those other county courthouses are not the filing counter for an Osborne County estate.
The Kansas venue rule turns on residence and real property. If the decedent was a Kansas resident and owned real property in the county of residence, probate is filed there. If the decedent did not own real property in the county of residence, filing may be in the county of residence or any county where the decedent owned real property. For a nonresident, filing may be in any Kansas county where estate property is to be administered. The first-filed proceeding controls, and a case filed in the wrong county is transferred to the proper county (K.S.A. 59-2203).
Osborne is the county seat and courthouse city. Other Osborne County communities include Alton, Downs, Natoma and Portis.
The jurisdiction process
- Gather the death certificate, the will if there is one, a preliminary asset list, addresses for heirs and beneficiaries, and the information needed for estate settlement.
- Calendar the Kansas will deadline immediately. A will of a Kansas resident cannot pass property unless a petition to probate the will is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). If the family is not ready to open an estate, filing a will and affidavit, or a copy and affidavit, may preserve the will under K.S.A. 59-618a.
- Choose the Kansas route before drafting. The small estates affidavit under K.S.A. 59-1507b can be furnished to a bank or other holder for qualifying personal property. Court routes may 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, or simplified administration or supervised administration under K.S.A. 59-3202.
- Prepare the verified petition using the Kansas Probate Code requirements. 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 statewide case-filing cover sheet. If you are filing without a lawyer, add the Self-Represented Litigant Certification Form. If you cannot pay the $131.50 filing fee as of August 2026, you may file a Poverty Affidavit under K.S.A. 59-104.
- File with the Osborne County clerk's office at 423 W Main during the public hours, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on weekdays, or mail the packet to PO Box 160, Osborne, KS 67473-0160. A self-represented filer may also fax to 785-346-5992 with the Rule 119 fax transmission sheet, or use the courthouse drop box where available by 4:00 p.m. local time.
- Pay the $131.50 filing fee as of August 2026 for probate of an estate or will, unless the court grants a fee waiver. That amount includes the $109.50 filing fee and $22 surcharge under K.S.A. 59-104.
- The court fixes the hearing. When publication is required, notice is published once a week for three consecutive weeks and mailed to heirs, devisees and legatees with the petition, attachments and will as required by K.S.A. 59-2209.
- Handle creditor and spouse notices. The notice to creditors is published within 30 days after filing under K.S.A. 59-709, and demands are barred unless presented within the later of four months from first publication or 30 days after actual notice to a known or reasonably ascertainable creditor under K.S.A. 59-2239. A surviving spouse must receive the elective-share notice within 10 days when K.S.A. 59-2233 applies.
- Attend the hearing or request a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). The judge may admit the will and grant letters testamentary to an executor under K.S.A. 59-701 or letters of administration to an administrator under K.S.A. 59-705.
- After letters are granted, file the inventory and valuation within 30 days unless the court allows more time (K.S.A. 59-1201). Then collect assets, handle claims, pay debts and taxes, and keep records for final settlement.
- Close the estate by petitioning for final settlement and a final decree assigning the estate. If real estate is assigned, the decree is used for the county clerk transfer record under K.S.A. 59-2247 and K.S.A. 59-2249.
Forms and documents
Probate forms in Osborne County
Osborne County does not publish a county-specific fill-in petition for probate. Kansas Judicial Council forms are statewide and free, including the Small Estates Affidavit under K.S.A. 59-1507b, the case-filing cover sheets, the Self-Represented Litigant Certification Form, the Poverty Affidavit for fee waiver requests under K.S.A. 59-104, and the motion and order forms to ask to appear by phone or video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
Kansas does not publish a fill-in form for the petition that opens a probate estate. That petition is drafted from the statutory requirements, or with legal help, and filed with the Osborne County clerk's office at the courthouse in Osborne (K.S.A. 20-343).
Local nuance
Osborne County-specific considerations
| Local point | Why it matters |
|---|---|
| Shared 17th district, local filing | Osborne County shares Kansas's 17th judicial district with Decatur, Graham, Norton, Phillips and Smith counties (K.S.A. 4-218), but an Osborne County probate is filed in Osborne with the clerk of the district court (K.S.A. 20-343). |
| Noon closure | The clerk's office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on weekdays. Plan in-person filing, calls and fax follow-up around the noon closure. |
| Unstaffed self-help room | The Osborne County District Court Self-Help Center has a computer, printer, paper court forms and community resource guides, but it is not staffed and does not provide legal advice. |
| CaseSearch document date | Osborne County joined Kansas eCourt on July 11, 2022. Documents filed from that date forward can be reached through Kansas Courts CaseSearch, subject to public-access rules. |
| District magistrate judge | A district magistrate judge sits in Osborne County, and Kansas law allows a district magistrate judge to hear probate matters, including matters involving title to real estate (K.S.A. 20-302b). |
Recent updates
| Change | What it means |
|---|---|
| Probate filing surcharge extended | The $22 surcharge under K.S.A. 59-104 was extended through June 30, 2030 by 2026 HB 2393, approved April 3, 2026. The Osborne County probate estate filing total is $131.50 as of August 2026 under K.S.A. 59-104. |
| Nonresident fiduciary agent rule updated | Under 2026 SB 480, approved April 9, 2026, a nonresident fiduciary's resident agent must reside in Kansas, not specifically in the county of appointment (K.S.A. 59-1706). |
| Creditor publication window changed | The notice to creditors publication window moved from 10 days to 30 days after filing, effective July 1, 2024, under K.S.A. 59-709. |
| Small Estates Affidavit amount increased | The Small Estates Affidavit amount under K.S.A. 59-1507b increased to $75,000 effective July 1, 2023. |
| Osborne County eCourt date | Osborne County case documents are available online through Kansas Courts CaseSearch from July 11, 2022 forward, subject to public-access rules. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Osborne County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with how the deed is titled. A jointly owned home may need a termination of joint tenancy filing. If an estate is opened in Osborne County, the spouse should also know about the homestead allowance of $75,000, effective July 1, 2023, under K.S.A. 59-6a215, the spouse and minor children allowance of $75,000, effective July 1, 2023, under K.S.A. 59-403, and the surviving-spouse notice under K.S.A. 59-2233. The Small Estates Affidavit under K.S.A. 59-1507b is also $75,000 effective July 1, 2023, but it does not move real estate. | Sunset helps find accounts and assets first, so the spouse can decide whether a court filing is needed for estate settlement. |
| Out-of-state adult child with a small estate | If probate assets are $75,000 or less, effective July 1, 2023, and there is no real estate to transfer, the Small Estates Affidavit under K.S.A. 59-1507b may be furnished to the bank or other holder. If letters are needed, a nonresident personal representative can serve by appointing a Kansas resident agent in writing, with the agent's acceptance, filed with the district court (K.S.A. 59-706, K.S.A. 59-1706). Ask about a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103) rather than planning a trip to Osborne. | Sunset helps identify accounts remotely, organize the asset list, and prepare questions for the Osborne County clerk's office. |
| Parent settling a predeceased child's estate, home must be sold | The Small Estates Affidavit under K.S.A. 59-1507b cannot transfer the house. Ask a Kansas probate attorney whether refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301, or simplified administration or supervised administration under K.S.A. 59-3202 fits. If there is a will, the six-month deadline under K.S.A. 59-617 is central, and a notice for sale of real property may still be required in a simplified estate. | Sunset helps generate a probate packet around the Osborne filing details and connect the family with a Kansas probate attorney for sale and closing steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Osborne County clerk's office | Osborne County Courthouse, 423 W Main, Osborne, KS 67473. Mail to PO Box 160, Osborne, KS 67473-0160. Phone 785-346-5911. Fax 785-346-5992. Open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on weekdays. The clerk of the district court files probate papers and collects the filing fee under K.S.A. 20-343 and K.S.A. 59-104, but staff do not choose the probate route or complete petitions. |
| Osborne County District Court Self-Help Center | Not staffed. Open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on weekdays. Offers a computer and printer, paper court forms, and community resource guides. |
| Kansas Judicial Branch self-help, probate and elder law | Use self-help.kscourts.gov/ProbateAndElderLaw for statewide probate information, the Kansas Judicial Council forms link, and general elder-law resources. |
| Kansas Judicial Council free forms | Includes the Small Estates Affidavit under K.S.A. 59-1507b, Self-Represented Litigant Certification Form, case-filing cover sheets, 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). |
| Kansas Legal Services | Free and reduced-cost civil legal help for low and moderate income Kansans. Intake is 316-267-3975, 8:00 a.m. to 4:30 p.m. on weekdays, subject to eligibility and case priorities. |
| Kansas Elder Hotline | Kansas residents age 60 and older may be able to get free legal advice through Kansas Legal Services at 316-267-3975. |
| Kansas Bar Association Lawyer Referral Service | Use ksbar.org/?pg=clientreferrals to look for a Kansas attorney referral. |
| Kansas Courts CaseSearch | Use casesearch.kscourts.gov to search Osborne County case information. Osborne County documents are available online from July 11, 2022 forward, subject to public-access rules. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can build an asset list before filing in Osborne County. That gives the court filing, small-affidavit decision, and estate settlement plan a firmer starting point.
Generate the probate packet. Sunset helps organize the death certificate, will information, asset list, family contacts, and Osborne County filing details so the petition and required statewide forms are easier to assemble.
Find a local probate attorney. When the estate involves real estate, creditor issues, a missed will deadline, or a contested family situation, Sunset can connect the family with a Kansas probate attorney who understands Osborne County filing practice.
Sunset is free for families. Sunset's estate settlement tools are free for families, including asset discovery, task organization, document preparation support, and attorney matching when legal help is the next step.
Frequently asked questions
Where do I file probate in Osborne County?
File at the Osborne County Courthouse, 423 W Main, Osborne, KS 67473, with the clerk of the district court (K.S.A. 20-343). Mail filings go to PO Box 160, Osborne, KS 67473-0160. Do not file an Osborne County estate in another county in the 17th judicial district (K.S.A. 4-218).
Can I e-file an Osborne County probate case?
Electronic filing is required for Kansas-licensed attorneys under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A self-represented person files in person, by mail, by fax to 785-346-5992, or by courthouse drop box where available.
What is the deadline to probate a will in Osborne County?
For a Kansas resident, a will cannot pass property unless a petition for probate is filed within six months after death, unless a statutory savings provision applies (K.S.A. 59-617). If you are not ready to open an estate, ask quickly about filing a will and affidavit under K.S.A. 59-618a.
How much does it cost to open a probate estate in Osborne County?
The filing fee for probate of an estate or will is $131.50 as of August 2026 under K.S.A. 59-104. That includes the $109.50 statutory amount and the $22 surcharge. Other costs, such as publication and attorney fees, can be taxed as the court directs under K.S.A. 59-104(d).
Is there a self-help center at the Osborne County courthouse?
Yes. The Osborne County District Court Self-Help Center is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on weekdays. It is not staffed, but it has a computer and printer, paper court forms, and community resource guides.
When is the Osborne County clerk's office open?
The clerk's office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on weekdays. It closes during the noon hour, so plan filing, calls and fax follow-up around that break.
How do I look up an Osborne County probate case?
Use Kansas Courts CaseSearch at casesearch.kscourts.gov. Osborne County documents are available online from July 11, 2022 forward, subject to public-access rules, and public case information can be searched statewide.
Does Osborne County have local probate forms?
Osborne County does not publish a local fill-in petition for opening a probate estate. Use the statewide Kansas Judicial Council forms that do exist, including the case-filing cover sheet, Self-Represented Litigant Certification Form, Small Estates Affidavit under K.S.A. 59-1507b, Poverty Affidavit under K.S.A. 59-104, and remote appearance motion under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103).
Do I have to travel to Osborne for a probate hearing?
Not always, but permission is required. A Kansas district court may allow a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103), and the Kansas Judicial Council has a motion form for that request. Ask the Osborne County clerk's office how the judge wants the request submitted.
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.