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Phillips County, KS Probate Information
Quick facts
| Item | Phillips County details |
|---|---|
| Court | Phillips County District Court, in Kansas's 17th Judicial District (K.S.A. 4-218) |
| Courthouse address | Phillips County Courthouse, 301 State St., Suite E, Phillipsburg, KS 67661 |
| Mailing address | 301 State St., Suite E, Phillipsburg, KS 67661 |
| Filing office | Clerk of the district court for Phillips County (K.S.A. 20-343) |
| Phone | 785-543-6830 |
| Fax | 785-543-6832 |
| [email protected] | |
| Hours | 8:00 AM to 5:00 PM, Monday through Friday, closed on legal holidays. No separate midday closure is posted for the Phillips County District Court. |
| Filing fee | Probate estate filing fee: $131.50 current as of August 2026, made up of $109.50 plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Additional court costs are handled as the court directs under K.S.A. 59-104(d). |
| Local forms | Use the statewide Kansas Judicial Council forms. No Phillips County probate packet is posted on the county district court page, so ask the clerk whether the judge wants any local attachment. |
| E-filing | Kansas-licensed attorneys must use electronic filing under Kan. Sup. Ct. Rule 122. A person filing without a lawyer files in person, by mail, by fax, or by courthouse drop box. |
| Drop box | Available for self-represented filing in Phillips County. A document placed in the drop box by 4:00 PM local time counts as filed that day. |
| Case search | Kansas Courts CaseSearch provides statewide public case information. Phillips County joined Kansas eCourt on July 11, 2022, so online documents depend on that start date. |
| Remote appearance | Remote appearance is discretionary under Kan. Sup. Ct. Rule 103. Use the Kansas Judicial Council motion form and ask the clerk which process the judge uses. |
| Website | Phillips County District Court page: https://www.phillipscountyks.org/departments/districtcourt |
Before you begin — know the assets and liabilities
Before you choose a probate route in Phillips County, list the assets, debts, account holders, beneficiaries, and whether any real estate is titled only in the decedent's name. That inventory drives venue, whether letters are needed, and whether a bank or buyer will require a court order.
Sunset's 2,300-institution asset discovery can help identify accounts during estate settlement before you file in Phillipsburg, so you are not guessing about whether the estate needs court administration or a simpler Kansas route.
Which court handles jurisdiction
Probate for Phillips County is filed with the clerk of the district court at the Phillips County Courthouse in Phillipsburg (K.S.A. 20-343). Phillips County is part of Kansas's 17th Judicial District, together with Decatur, Graham, Norton, Osborne, and Smith counties (K.S.A. 4-218), but a Phillips County case is filed at the Phillips County courthouse.
Venue in Kansas depends on residence and real property (K.S.A. 59-2203). If the decedent was a Kansas resident and owned real property in the county of residence, the case belongs in that county. If the resident decedent did not own real property in the county of residence, the case may be filed in the county of residence or in any county where the decedent owned real property. For a nonresident decedent, the case may be filed in any Kansas county where estate property needs administration. If more than one county filing is started, the first-filed case controls until venue is decided, and a case filed in the wrong county is transferred rather than dismissed.
The jurisdiction process
- Start with the death certificate, the will if there is one, and a first list of assets and debts. Kansas has a six-month will rule: a will of a Kansas resident cannot pass property unless a petition for probate is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617).
- If you are not ready to open a full estate but need to preserve the will, ask about filing a will and affidavit under K.S.A. 59-618a. Kansas allows the will or a copy to be filed for preservation, and that filing can keep the will admissible later if done inside the K.S.A. 59-617 period.
- Choose the Kansas route that fits the assets. The small estates affidavit under K.S.A. 59-1507b is for personal property and is presented to the holder of the property, not filed as a new court case. Other court routes 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 under K.S.A. 59-3202.
- Prepare the petition required for the route. If you want simplified administration, ask for it in the petition and give reasons, because the court decides whether the estate proceeds as simplified or supervised administration under K.S.A. 59-3202.
- Add the case-filing cover sheet. If you are representing yourself, add the Self-Represented Litigant Certification Form. If you cannot pay the filing fee, use the Poverty Affidavit procedure tied to probate fees under K.S.A. 59-104.
- File with the clerk of the district court in Phillips County at 301 State St., Suite E, Phillipsburg (K.S.A. 20-343). A self-represented filer may file in person, by mail, by fax to 785-543-6832, or by drop box. The probate estate filing fee is $131.50 current as of August 2026, 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). If notice under K.S.A. 59-2209 is required, it is published once a week for three consecutive weeks, and mailing to heirs, devisees, and legatees follows the statutory timing and attachment rules (K.S.A. 59-2209). Notice to creditors is handled under K.S.A. 59-709.
- If a surviving spouse must receive the elective-share notice, send it within the Kansas deadline stated in K.S.A. 59-2233. Ask the clerk how the judge handles remote appearance requests under Kan. Sup. Ct. Rule 103 if you or another participant cannot reasonably travel to Phillipsburg.
- At or after the hearing, the court admits the will and grants letters testamentary to an executor if the will names one and the person can serve (K.S.A. 59-701), or grants letters of administration when administration without an executor is required (K.S.A. 59-705).
- After letters are granted, file the inventory and valuation within 30 days unless the court gives more time (K.S.A. 59-1201). Handle creditor demands under the Kansas nonclaim rule, which bars demands unless presented within 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 claims, taxes, and expenses, then seek final settlement. The estate closes through a petition for final settlement and accounting and the court's final decree assigning the estate (K.S.A. 59-2247, K.S.A. 59-2249).
Forms and documents
Probate forms in Phillips County
Kansas publishes free statewide forms through the Kansas Judicial Council. For Phillips County estate settlement, the most common statewide forms to know are the Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, the case-filing cover sheet, the Poverty Affidavit for fee relief under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video under Kan. Sup. Ct. Rule 103.
Kansas does not provide a fill-in statewide petition for opening an ordinary probate estate. A petition is drafted from Kansas probate statutes and the facts of the estate, or with help from counsel. Before filing in Phillipsburg, call the clerk at 785-543-6830 to ask whether the judge wants any local attachment or formatting detail not shown on the statewide forms.
Local nuance
Phillips County-specific considerations
| Local point | What it means in Phillips County |
|---|---|
| Suite E matters | The district court address is 301 State St., Suite E, Phillipsburg, KS 67661. Use the court suite, not the separate Phillips County Clerk office, for probate filings with the clerk of the district court (K.S.A. 20-343). |
| Kansas eCourt date | Phillips County joined Kansas eCourt on July 11, 2022. CaseSearch can show statewide public case information, but online documents for Phillips County depend on that July 11, 2022 start date. |
| No local self-help center listing | The Kansas Judicial Branch self-help directory does not list a District Court Self-Help Center for Phillips County. Use the statewide self-help site, Kansas Judicial Council forms, Kansas Legal Services intake, and the Phillips County clerk's office for filing logistics. |
Recent updates
| Change | What changed |
|---|---|
| 2026 fee surcharge extension | The $22 probate surcharge is authorized through June 30, 2030, and the Phillips County probate estate filing fee remains $131.50 current as of August 2026 under K.S.A. 59-104. |
| 2026 nonresident fiduciary update | A nonresident fiduciary's resident agent may reside anywhere in Kansas, with the written appointment and acceptance filed in the district court (K.S.A. 59-1706). |
| 2024 creditor notice update | The time to publish notice to creditors after filing moved to 30 days under K.S.A. 59-709. |
| 2023 small estates affidavit update | The small estates affidavit amount is $75,000 under K.S.A. 59-1507b, effective July 1, 2023. |
| Phillips County eCourt date | Phillips County joined Kansas eCourt on July 11, 2022, which affects online document availability through Kansas Courts CaseSearch. |
Scenarios
| Archetype | Likely Phillips County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking how the home is titled. A joint-tenancy filing may be separate from estate administration, while a spouse may also need to consider the homestead allowance under K.S.A. 59-6a215, the family allowance rules, and the elective-share notice required by K.S.A. 59-2233. If a will exists, do not miss the six-month will rule (K.S.A. 59-617). | Sunset helps identify accounts, debts, title clues, and documents so the spouse can see whether estate settlement needs a Phillips County filing or a narrower property step. |
| Out-of-state adult child with small estate | If the probate assets fit the small estates affidavit under K.S.A. 59-1507b and no real estate needs transfer through court, the child may be able to present the affidavit to the asset holder. If letters are needed, a nonresident 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). Remote appearance can be requested under Kan. Sup. Ct. Rule 103. | Sunset helps find accounts, prepare a county-aware filing packet, and connect the family with Kansas counsel if the child needs letters or a real estate order. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not transfer real estate. If a home must be sold, ask counsel 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, the K.S.A. 59-617 six-month deadline is an early priority. | Sunset helps gather asset information, organize the probate packet, and find a local probate attorney for sale authority, creditor issues, and final settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Phillips County District Court clerk | Filing logistics for Phillips County probate, including counter filing, mail, fax filing, drop-box filing, local formatting questions, and hearing logistics. The clerk of the district court is the filing office under K.S.A. 20-343. | 301 State St., Suite E, Phillipsburg, KS 67661. Phone 785-543-6830. Fax 785-543-6832. Email [email protected]. |
| Kansas Judicial Branch self-help probate page | Statewide probate and elder law information, court basics, and links to forms and public resources. | https://self-help.kscourts.gov/ProbateAndElderLaw |
| Kansas Judicial Council forms | Free statewide forms, including 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 Motion to Appear in Court by Phone or Video under Kan. Sup. Ct. Rule 103. | https://www.kjc.ks.gov/legal-forms |
| Phillips County District Court Self-Help Center | The statewide directory does not list a District Court Self-Help Center for Phillips County. Use the statewide resources and call the Phillips County clerk for filing logistics. | https://self-help.kscourts.gov/SelfHelpCenters |
| Kansas Legal Services | Nonprofit civil legal help for low- and moderate-income Kansans, subject to eligibility and case priorities. Intake is available by phone during posted weekday hours. | 316-267-3975, 8:00 AM to 4:30 PM, Monday through Friday. Online application: https://www.kansaslegalservices.org/online-application |
| Kansas Elder Hotline | Free legal advice line through Kansas Legal Services for Kansas residents age 60 or older. | 316-267-3975 |
| Kansas Bar Association lawyer referral | Referral route for finding a Kansas attorney when the estate needs legal advice, contested filings, real estate authority, tax analysis, or fiduciary guidance. | https://www.ksbar.org/?pg=clientreferrals |
| Kansas Courts CaseSearch | Search public Kansas district court case information. Phillips County joined Kansas eCourt on July 11, 2022, so online document access depends on that date. | https://casesearch.kscourts.gov/ |
When to hire an attorney
A lawyer is especially useful in Phillips County when the estate includes real estate, a will is close to the six-month deadline under K.S.A. 59-617, family members disagree, a creditor issue is unclear, a nonresident personal representative must appoint a resident agent under K.S.A. 59-1706, or the fiduciary wants compensation and attorney fees reviewed as just and reasonable under K.S.A. 59-1717. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify accounts, insurance, investments, and other assets before deciding what Phillips County estate settlement requires.
Generate the probate packet. Sunset organizes the information needed for a Kansas probate packet, including the local Phillips County filing office, statewide Judicial Council forms, and the documents commonly needed before filing with the clerk of the district court (K.S.A. 20-343).
Find a local probate attorney. When a court order, letters testamentary under K.S.A. 59-701, letters of administration under K.S.A. 59-705, or real estate authority is needed, Sunset helps connect the family with Kansas probate counsel.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets, and understand the next probate step without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Phillips County, Kansas?
File with the clerk of the district court for Phillips County at the Phillips County Courthouse, 301 State St., Suite E, Phillipsburg, KS 67661 (K.S.A. 20-343). Phillips County is in Kansas's 17th Judicial District (K.S.A. 4-218), but the filing is made in Phillipsburg for a Phillips County case.
What is the Phillips County probate filing fee?
The probate estate filing fee is $131.50 current as of August 2026, made up of $109.50 plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other costs, such as publication or service costs, are handled as additional court costs under K.S.A. 59-104(d).
Can I e-file a Phillips County probate case?
Kansas-licensed attorneys must use electronic filing under Kan. Sup. Ct. Rule 122. If you are representing yourself, use the in-person, mail, fax, or drop-box filing options for the Phillips County clerk's office.
Can I file by fax or drop box in Phillips County?
Yes. Self-represented Kansas filers may file by fax or drop box under the statewide filing rule. Phillips County's published fax number is 785-543-6832, and a self-represented filing placed in the courthouse drop box by 4:00 PM local time counts as filed that day.
How do I look up a Phillips County probate case?
Use Kansas Courts CaseSearch at https://casesearch.kscourts.gov/. Phillips County joined Kansas eCourt on July 11, 2022, so case information is searchable statewide, while online documents depend on that eCourt start date.
Does Phillips County have a District Court Self-Help Center?
The Kansas Judicial Branch self-help directory does not list a District Court Self-Help Center for Phillips County. Use the statewide self-help probate page, Kansas Judicial Council forms, Kansas Legal Services, and the Phillips County clerk for filing logistics.
Can I appear remotely for a Phillips County probate hearing?
A remote appearance is by court permission under Kan. Sup. Ct. Rule 103. File the Kansas Judicial Council motion form, notify the other parties, and ask the Phillips County clerk how the judge handles the request.
What happens if the will is not filed within six months in Kansas?
Kansas has a six-month will rule: a will of a Kansas resident cannot pass property unless a petition for probate is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617). One preservation option is filing a will and affidavit under K.S.A. 59-618a within that period.
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.