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Rooks County, KS Probate Information
Quick facts
| Item | Rooks County information |
|---|---|
| Court | Rooks County District Court, in Kansas's 23rd Judicial District (K.S.A. 4-224) |
| Filing office | Clerk of the district court, Rooks County Courthouse (K.S.A. 20-343) |
| Courthouse address | 115 N Walnut St., Stockton, KS 67669 |
| Mailing address | 115 N Walnut St., Stockton, KS 67669 |
| Phone | 785-425-6718 |
| Fax | 785-425-6568 |
| [email protected] | |
| Hours | Monday through Thursday, 8:00 a.m. to 5:00 p.m.; Friday, 8:00 a.m. to 12:00 p.m. Attorney e-filing under Kan. Sup. Ct. Rule 122 is processed until 5:00 p.m. Friday. |
| Filing fee | $131.50, current as of August 2026, for probate of an estate or will under K.S.A. 59-104. That is the $109.50 statutory amount plus the $22 surcharge authorized by K.S.A. 59-104 from July 1, 2026 through June 30, 2030. Other court costs can be taxed as the court directs under K.S.A. 59-104(d). |
| Local forms | No Rooks County probate-specific packet is posted on the Rooks County district page. Use the statewide Kansas Judicial Council forms where available. |
| E-filing | Kansas-licensed attorneys must e-file under Kan. Sup. Ct. Rule 122. A self-represented filer uses the Rooks County counter, mail, fax, or the courthouse drop box. |
| Drop box | Available for Rooks County filings. A self-represented filing placed in the drop box by 4:00 p.m. local time counts that day. |
| Case search | Kansas Courts CaseSearch. Rooks County joined Kansas eCourt on July 11, 2022, so online documents generally begin from that date; courthouse terminals remain the public access point for older or non-online public records. |
| Remote appearance | Ask by motion under Kan. Sup. Ct. Rule 103. The judge decides whether a phone or video appearance is allowed. |
| Website | https://www.23rdjudicial.org/35/Rooks |
Before you begin — know the assets and liabilities
Before you file anything in Rooks County, make a working list of the decedent's assets, debts, title documents, beneficiary designations, and whether a will exists. Kansas has several different estate settlement paths, and the right path depends on what property needs court authority, whether real estate is involved, and whether the will must be preserved within six months under K.S.A. 59-617.
Sunset's asset discovery searches more than 2,300 financial institutions so families can identify accounts before choosing a court filing. That local preparation matters in Stockton because the Rooks County clerk can file papers and collect the K.S.A. 59-104 fee, but the court decides the hearing, the appointment, and the letters.
Which court handles jurisdiction
Rooks County probate filings go to the clerk of the district court at the Rooks County Courthouse in Stockton (K.S.A. 20-343). Rooks County is part of Kansas's 23rd Judicial District with Ellis, Gove, and Trego counties (K.S.A. 4-224), but each county has its own filing office, so a Rooks County estate settlement is filed in Stockton.
Kansas venue for probate or administration is controlled by 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 did not own real property in the county of residence, filing may be in the county of residence or in a county where the decedent owned real property. If the decedent was not a Kansas resident, filing may be in a Kansas county where the decedent left estate to be administered. If proceedings are started in more than one county, the first-filed case controls until venue is decided, and a case filed in the wrong county is transferred rather than simply ignored.
The jurisdiction process
- Find the death certificate, the will if one exists, account information, real estate records, and debt information. If there is a will, decide quickly whether to petition for probate of the will, because Kansas requires the petition within six months after death for a Kansas resident's will to pass property (K.S.A. 59-617).
- If the family is not ready to open a full estate, ask whether filing a will and affidavit under K.S.A. 59-618a is needed to preserve the will within six months under K.S.A. 59-617. Kansas also has other statewide paths, including the small estates affidavit under K.S.A. 59-1507b, 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 or supervised administration under K.S.A. 59-3202.
- Prepare the petition required for the chosen court path. If you want simplified administration, the petition must ask for it and give reasons under K.S.A. 59-3202 and the related petition statutes.
- Add the statewide case-filing cover sheet. If you are filing without a lawyer, also add the Self-Represented Litigant Certification Form. If you cannot afford the filing fee, ask about a Poverty Affidavit under K.S.A. 59-104.
- File with the clerk of the district court at 115 N Walnut St. in Stockton, by mail to that address, by fax to 785-425-6568, or by the courthouse drop box if you are self-represented (K.S.A. 20-343). A self-represented drop-box filing placed by 4:00 p.m. local time counts that day.
- Pay the $131.50 filing fee, current as of August 2026, for probate of an estate or will under K.S.A. 59-104, unless the court grants relief through a Poverty Affidavit under K.S.A. 59-104.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). In Rooks County, civil motion matters are set on the district's motion-day practice, with the civil docket beginning at 9:00 a.m., and many hearings are specially set with counsel.
- Give the required notices. Hearing notice is published once a week for three consecutive weeks and mailed as required by K.S.A. 59-2209. Notice to creditors is handled under K.S.A. 59-709. If there is a surviving spouse, the required elective-share notice must be handled under K.S.A. 59-2233.
- Attend the hearing in person unless the court grants a phone or video appearance under Kan. Sup. Ct. Rule 103. At or after the hearing, the court may admit the will and grant letters testamentary to an executor under K.S.A. 59-701 or grant letters of administration to an administrator under K.S.A. 59-705.
- After letters are granted, file the inventory and valuation within 30 days under K.S.A. 59-1201 unless the court gives more time. Give actual notice to known or reasonably ascertainable creditors, pay allowed debts and taxes, and track the claims period under K.S.A. 59-2239.
- When administration is ready to close, file the petition for final settlement and accounting. The court's final decree assigns the estate, and if real estate is involved, the decree is handled for the transfer record as provided by K.S.A. 59-2249.
Forms and documents
Probate forms in Rooks County
Rooks County does not post a county-specific probate packet on the district's Rooks County page. Use Kansas Judicial Council statewide forms where they exist, including the Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, the case-filing cover sheet, 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.
Kansas does not provide a fill-in statewide petition for every probate opening. A petition for administration or probate of a will is drafted from the Kansas Probate Code requirements and the facts of the estate, or with a lawyer's help.
Timeline
- Rooks County clerk counter hours are Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.m. to 12:00 p.m. Attorney e-filing under Kan. Sup. Ct. Rule 122 is still processed until 5:00 p.m. Friday.
- Rooks County's district materials set civil motion matters with a 9:00 a.m. civil docket start. The district also says many hearings are specially set rather than placed into a fixed time slot.
- If a self-represented filer uses the Rooks County drop box, a filing deposited by 4:00 p.m. local time counts that day. After 4:00 p.m., on a weekend, or on a Supreme Court holiday, it counts on the next business day.
- Ask early about a phone or video appearance if travel to Stockton is difficult. A remote appearance depends on a court order under Kan. Sup. Ct. Rule 103.
Local nuance
Rooks County-specific considerations
| Local point | What it means |
|---|---|
| Stockton filing counter | Rooks County is in Kansas's 23rd Judicial District (K.S.A. 4-224), but probate is filed with the clerk of the district court in Stockton (K.S.A. 20-343). |
| Short Friday hours | The public counter closes at 12:00 p.m. Friday. Attorney e-filing under Kan. Sup. Ct. Rule 122 is still processed until 5:00 p.m. Friday. |
| District magistrate judge | The local court materials list a district magistrate judge assigned to Rooks County. A district magistrate judge may hear Kansas probate matters under K.S.A. 20-302b. |
| Rooks County eCourt date | Rooks County joined Kansas eCourt on July 11, 2022. CaseSearch may show online documents from that date forward; courthouse terminals remain important for older or non-online public records. |
| Motion-day practice | The 23rd Judicial District publishes a Rooks County motion-day practice with civil matters beginning at 9:00 a.m. and many hearings specially set. Confirm the setting with the clerk before planning travel. |
Recent updates
| Change | Current rule |
|---|---|
| 2026 fee surcharge extension | The $22 surcharge under K.S.A. 59-104 runs from July 1, 2026 through June 30, 2030, making the probate estate filing fee $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, not necessarily in the county of appointment, under K.S.A. 59-1706. |
| 2024 creditor notice update | The notice to creditors publication timing under K.S.A. 59-709 changed from 10 days to 30 days after filing. |
| 2023 small-estate affidavit update | The small estates affidavit ceiling became $75,000 effective July 1, 2023 under K.S.A. 59-1507b. |
| Case search update | Kansas Courts CaseSearch is the statewide public case-information search. Rooks County joined Kansas eCourt on July 11, 2022, which matters for online document availability. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Rooks County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how the Stockton-area real estate is titled. If a court filing is needed, the spouse may also need to watch the homestead allowance under K.S.A. 59-6a215, the family allowance under K.S.A. 59-403, and the spouse notice required by K.S.A. 59-2233. | Sunset helps identify accounts, title clues, debts, and beneficiary designations so the spouse can decide whether the estate settlement needs a Rooks County court filing. |
| Out-of-state adult child with a small estate | If the estate fits the small estates affidavit under K.S.A. 59-1507b and no real estate needs court authority, the affidavit is presented to the holder of personal property rather than opened at the courthouse. If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-706 and K.S.A. 59-1706, and can ask about remote appearance under Kan. Sup. Ct. Rule 103. | Sunset helps locate accounts, generate the needed packet, and connect the family with Kansas counsel if a court filing or resident-agent issue is needed. |
| Parent settling a predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b 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 the sale, and protect any will within six months under K.S.A. 59-617. | Sunset organizes the asset list, flags real estate issues, and helps the parent get a local probate attorney when a sale or title order is needed. |
Self-help resources
| Resource | How it helps |
|---|---|
| Rooks County clerk of the district court | Call 785-425-6718 or email [email protected] for filing logistics, current counter hours, fax filing logistics, and hearing-setting questions. The clerk of the district court files papers under K.S.A. 20-343 but cannot provide legal advice. |
| Kansas Judicial Branch self-help probate page | Statewide probate and elder-law information, including links to forms and general court resources. |
| 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. |
| District Court Self-Help Center directory | The statewide directory does not list a Rooks County District Court Self-Help Center. Use the clerk's office for filing logistics, the Judicial Council forms, and statewide legal-help resources. |
| Kansas Legal Services | Nonprofit civil legal help for low- and moderate-income Kansans in all 105 counties. Call 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 or older can call 316-267-3975 to ask whether free legal advice is available through Kansas Legal Services. |
| Kansas Bar Association lawyer referrals | Use the Kansas Bar Association lawyer referral route at https://www.ksbar.org/?pg=clientreferrals if the estate needs private counsel. |
| Kansas Courts CaseSearch | Search public district court case information. Rooks County joined Kansas eCourt on July 11, 2022, so online documents generally begin from that date, subject to public-access rules. |
When to hire an attorney
A lawyer is especially useful when a Rooks County estate involves a home sale, competing heirs, creditor disputes, a late-discovered will, a nonresident personal representative and Kansas resident agent under K.S.A. 59-1706, or a request for informal administration under K.S.A. 59-3301 or simplified administration under K.S.A. 59-3202. Kansas allows fiduciary and attorney compensation that is just and reasonable under K.S.A. 59-1717, and the court directs additional court costs under K.S.A. 59-104(d). Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build the asset list needed for estate settlement before choosing a Kansas probate path.
Generate the probate packet. Sunset turns the family interview into organized next steps, including the Rooks County filing address, the Kansas Judicial Council forms that apply, and reminders about the six months will deadline under K.S.A. 59-617.
Find a local probate attorney. When the estate needs court orders, real estate authority, a resident agent under K.S.A. 59-1706, or a contested hearing, Sunset can connect the family with Kansas probate counsel.
Sunset is free for families. Sunset helps families move from uncertainty to an estate settlement plan without charging families for the core support.
Frequently asked questions
Where do I file probate in Rooks County, Kansas?
File with the clerk of the district court at the Rooks County Courthouse, 115 N Walnut St., Stockton, KS 67669 (K.S.A. 20-343). Rooks County is in Kansas's 23rd Judicial District (K.S.A. 4-224), but a Rooks County case is filed in Stockton.
What are the Rooks County clerk hours?
The Rooks County counter is open Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.m. to 12:00 p.m. Attorney e-filing under Kan. Sup. Ct. Rule 122 is still processed until 5:00 p.m. Friday.
Can I e-file a Rooks County probate case?
Kansas-licensed attorneys must e-file under Kan. Sup. Ct. Rule 122. A self-represented filer uses the courthouse counter, mail, fax, or the courthouse drop box rather than attorney e-filing.
What is the filing fee to open a Rooks County probate estate?
The filing fee for probate of an estate or will is $131.50, current as of August 2026, under K.S.A. 59-104. That total includes the $109.50 statutory amount and the $22 surcharge authorized by K.S.A. 59-104 from July 1, 2026 through June 30, 2030.
Is there a deadline to file a will in Rooks County?
Yes. For a Kansas resident's will to pass property, a petition for probate of the will must be filed within six months after death under K.S.A. 59-617. If the family is not ready for a full estate, ask promptly about filing a will and affidavit under K.S.A. 59-618a.
Can I appear by phone or video for a Rooks County probate hearing?
You can ask. A Kansas district court may allow a remote appearance under Kan. Sup. Ct. Rule 103, but the judge decides and can deny the request. The Kansas Judicial Council publishes a Motion to Appear in Court by Phone or Video.
How do I look up a Rooks County probate case?
Use Kansas Courts CaseSearch for public case information. Rooks County joined Kansas eCourt on July 11, 2022, so online documents generally begin from that date, while older or non-online public records are checked at the courthouse terminal.
Does Rooks County have local probate forms?
No Rooks County probate-specific packet is posted on the district's Rooks County page. Use the statewide Kansas Judicial Council forms where available, including the Small Estates Affidavit under K.S.A. 59-1507b and the required self-represented filing forms.
Do creditors have a deadline in a Kansas estate?
Yes, but the rule has more than one part. A demand is 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, and notice to creditors is handled under K.S.A. 59-709.
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.