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Sumner County, KS Probate Information
Quick facts
| Item | Sumner County information |
|---|---|
| Court | Sumner County District Court, in Kansas's 30th Judicial District (K.S.A. 4-231) |
| Courthouse address | Sumner County Courthouse, 501 N Washington, Wellington, KS 67152 |
| Mailing address | Use the courthouse address unless the clerk gives different mailing instructions: 501 N Washington, Wellington, KS 67152 |
| Clerk phone | 620-326-5936 |
| Fax | 620-326-5365 |
| Hours | Call 620-326-5936 before visiting to confirm current clerk hours. The Sumner County Self-Help Center posts weekday access from 8:00 a.m. to 5:00 p.m., with staffing from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. |
| Filing fee | A probate estate filing is $131.50 as of July 1, 2026, made up of the $109.50 docket fee plus the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). Other court costs may be taxed against the estate as the court directs (K.S.A. 59-104). |
| Local forms | Use the statewide Kansas Judicial Council forms. Call the clerk about any Sumner County local cover sheet or checklist. |
| E-filing | Kansas-licensed attorneys must e-file under Rule 122. A self-represented filer uses in-person filing, mail, fax, or the courthouse drop box under the Kansas self-represented filing rule. |
| Drop box | Available at Sumner County's district court location. A self-represented filing placed in the drop box by 4:00 p.m. local time counts as filed that day. |
| Case search | Kansas Courts CaseSearch provides statewide public case information. Sumner County joined Kansas eCourt on September 12, 2022, so documents filed from that date forward may be available online. |
| Remote appearance | Remote appearance is discretionary under Rule 103. Use the Kansas Judicial Council Motion to Appear in Court by Phone or Video and ask the Sumner County clerk how the 30th Judicial District handles the request. |
| Website | Sumner County District Court contact page |
Before you begin — know the assets and liabilities
Before filing in Wellington, list the assets, debts, account holders, real estate, vehicles, and any beneficiary designations. Kansas probate choices depend on what actually needs court authority, whether a will must be preserved within six months (K.S.A. 59-617), and whether real estate is involved.
Sunset can support estate settlement by helping families search across more than 2,300 financial institutions for accounts and assets before they choose a Kansas filing path. That asset picture helps you decide whether to use a statewide affidavit, preserve a will, ask for letters, or involve a local attorney.
Which court handles jurisdiction
Sumner County probate is filed with the clerk of the district court at the Sumner County Courthouse in Wellington. Kansas law requires a clerk of the district court in each county (K.S.A. 20-343), so Sumner County filings stay at the Sumner County courthouse even though Sumner County shares the 30th Judicial District with Barber, Harper, Kingman, and Pratt counties (K.S.A. 4-231).
Venue for probate of a will or administration is governed 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 owned no real property in the county of residence, filing may be in the county of residence or any county where the decedent owned real property. If the decedent was not a Kansas resident, filing may be in any Kansas county where estate property is to be administered. If more than one county case is started, the first-filed proceeding controls while venue is determined, and a case filed in the wrong county is transferred rather than simply ended (K.S.A. 59-2203).
The jurisdiction process
- Find the will, death certificate, asset list, debt list, real estate information, and names and addresses for heirs, devisees, and legatees. If there is a Kansas will, decide quickly whether to file a petition for probate, because a will of a Kansas resident cannot pass property unless a petition for probate is filed within six months after death (K.S.A. 59-617).
- If the family is not ready to open a full estate, consider whether to preserve the will by filing a will and affidavit under K.S.A. 59-618a, or by filing the will with a refusal to grant letters request under K.S.A. 59-2287. Those are statewide procedures, and the Sumner County clerk can tell you how to present the papers in Wellington.
- Choose the Kansas path that matches the property. A small estates affidavit under K.S.A. 59-1507b is furnished to the bank or other holder for personal property when the statute fits, and it is not a Sumner County court filing. Real estate, letters, disputes, or a sale of a house usually require a court petition, such as 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 or supervised administration under K.S.A. 59-3202.
- Prepare the petition under the Kansas Probate Code. 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 new-case papers. A self-represented filer should include the case-filing cover sheet and the Self-Represented Litigant Certification Form from the Kansas Judicial Council. If the filing fee cannot be paid, ask about the Poverty Affidavit tied to probate fees under K.S.A. 59-104.
- File with the clerk of the district court at the Sumner County Courthouse in Wellington, by mail to the courthouse address, by fax to 620-326-5365, in person, or in the courthouse drop box. A self-represented drop-box filing placed by 4:00 p.m. local time counts as filed that day. The probate estate filing is $131.50 as of July 1, 2026, including the $109.50 docket fee 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). When K.S.A. 59-2209 notice is required, notice is published once each week for three consecutive weeks, the first publication is made within 30 days after the order setting the hearing, and copies are mailed within 7 days after first publication with the petition, attachments, and will when applicable (K.S.A. 59-2209). The petitioner also handles notice to creditors under K.S.A. 59-709.
- If there is a surviving spouse, give the statutory elective-share notice when Kansas law requires it. K.S.A. 59-2233 requires that notice within 10 days in the situations the statute covers.
- At or after the hearing, the court decides whether to admit the will and whether to grant letters testamentary to an executor (K.S.A. 59-701) or letters of administration to an administrator (K.S.A. 59-705). The clerk accepts and processes filings, but the court grants the authority.
- After letters are granted, file the inventory and valuation within 30 days unless the court allows more time (K.S.A. 59-1201). Publish and mail creditor notices as required, pay allowed debts and taxes, administer the assets, and move toward final settlement. Claims are governed by the nonclaim statute, including 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).
- To close, file the petition for final settlement and accounting, obtain the court's final decree, and handle any real estate transfer record steps required after the decree (K.S.A. 59-2247; K.S.A. 59-2249). Sunset can help organize the estate settlement packet and connect the family with a Kansas probate attorney when legal drafting or a court appearance is needed.
Forms and documents
Probate forms in Sumner County
Kansas uses statewide forms from the Kansas Judicial Council for several probate-related tasks. The most important 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 tied to K.S.A. 59-104, the Rule 119 Fax Transmission Sheet, and the Motion to Appear in Court by Phone or Video for Rule 103 requests.
Kansas does not provide a statewide fill-in petition for probate of a will, petition for administration, petition for refusal to grant letters, petition for determination of descent, petition for informal administration, inventory and valuation, or petition for final settlement. Those filings are drafted from the Kansas statutes or prepared with a lawyer's help. For Sumner County, call the clerk at 620-326-5936 before filing to ask whether the judge or clerk expects any local cover sheet, proposed order, or extra copy.
| Form or resource | Use in Sumner County |
|---|---|
| Small Estates Affidavit | Used outside court to collect personal property when K.S.A. 59-1507b fits. |
| Case-filing cover sheet | Filed with a new district court case. |
| Self-Represented Litigant Certification Form | Filed by a person handling the case without a lawyer. |
| Poverty Affidavit | Used to ask the court to excuse all or part of a probate filing fee under K.S.A. 59-104. |
| Motion to Appear in Court by Phone or Video | Used to request a discretionary remote appearance under Rule 103. |
| Rule 119 Fax Transmission Sheet | Used when filing by fax to the Sumner County clerk's published fax number. |
Local nuance
Sumner County-specific considerations
| Local point | What it means |
|---|---|
| 30th Judicial District filing location | Sumner County shares Kansas's 30th Judicial District with Barber, Harper, Kingman, and Pratt counties (K.S.A. 4-231), but Sumner County probate is filed in Wellington with the Sumner County clerk of the district court (K.S.A. 20-343). |
| Kansas eCourt date | The 30th Judicial District, including Sumner County, joined Kansas eCourt on September 12, 2022. Through Kansas Courts CaseSearch, case information is statewide, and documents filed in Sumner County from that date forward may be available online. |
| Self-help center | The Sumner County Self-Help Center posts weekday access from 8:00 a.m. to 5:00 p.m., staffing from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., and a Legal Aid Day on the 4th Monday of each month from 9:00 a.m. to 5:00 p.m., with walk-ins permitted until 3:30 p.m. |
| Drop box | Sumner County is not one of the counties without a courthouse drop box. A self-represented filing placed in the drop box by 4:00 p.m. local time counts as filed that day. |
Recent updates
| Update | What changed |
|---|---|
| 2026 court fee law | The $22 surcharge on the probate estate docket fee was extended through June 30, 2030, so the current probate estate filing is $131.50 as of July 1, 2026 (K.S.A. 59-104). |
| 2026 nonresident fiduciary law | A nonresident personal representative now appoints a resident agent who lives in Kansas, rather than an agent in the county of appointment (K.S.A. 59-1706). |
| 2025 CaseSearch transition | Kansas Courts CaseSearch is the statewide public search tool. Sumner County documents filed on or after the county's September 12, 2022 Kansas eCourt start date may be available online. |
| 2024 creditor notice change | The notice to creditors publication window moved to within 30 days after filing the petition (K.S.A. 59-709). |
| 2023 affidavit amount change | The Small Estates Affidavit amount under K.S.A. 59-1507b became $75,000 effective July 1, 2023. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Sumner County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and whether a court filing is needed for the home or other assets. Kansas also has a homestead allowance of $75,000 under K.S.A. 59-6a215, family allowance rights under K.S.A. 59-403, and a spouse notice requirement in some filings under K.S.A. 59-2233. If a will exists, do not miss the six months rule under K.S.A. 59-617. | Sunset helps find accounts, organize title and beneficiary information, and prepare the estate settlement checklist for a Wellington filing or attorney review. |
| 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 court action, the affidavit may be given to the holder of personal property. If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent in writing and filing that acceptance with the district court (K.S.A. 59-706; K.S.A. 59-1706). Remote appearance can be requested under Rule 103. | Sunset helps identify whether accounts can be handled without letters, prepares a document list, and connects the family with a Kansas attorney if a court petition is needed. |
| Parent settling predeceased child's estate, home must be sold | The Small Estates Affidavit under K.S.A. 59-1507b does not handle a house. 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 facts. A real estate sale may require notice even in a simplified estate (K.S.A. 59-3202). | Sunset helps build the asset list, flag deadlines such as K.S.A. 59-617, and find a local probate attorney for sale authority, notices, and final settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Sumner County Self-Help Center | Provides paper court forms, computers and printer, private meeting space, and community resource guides. Hours posted are weekday access from 8:00 a.m. to 5:00 p.m., staffed 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. | At the Sumner County courthouse in Wellington. Legal Aid Day is posted for the 4th Monday of each month from 9:00 a.m. to 5:00 p.m., with walk-ins until 3:30 p.m. |
| Kansas Judicial Branch probate self-help | Explains Kansas probate and elder law topics and links to official forms. | Probate and elder law self-help |
| Kansas Judicial Council forms | Provides free statewide forms, including the Small Estates Affidavit under K.S.A. 59-1507b, case-filing cover sheet, Self-Represented Litigant Certification Form, Poverty Affidavit under K.S.A. 59-104, and Motion to Appear in Court by Phone or Video under Rule 103. | Kansas Judicial Council legal forms |
| Kansas Legal Services | Provides civil legal help for eligible Kansans, subject to eligibility and case priorities. Intake is by phone on weekdays from 8:00 a.m. to 4:30 p.m. | 316-267-3975 |
| Kansas Elder Hotline | Free legal advice program through Kansas Legal Services for Kansas residents age 60 or older who qualify. | 316-267-3975 |
| Kansas Bar Association Lawyer Referral Service | Referral route for finding a Kansas lawyer when probate drafting, disputes, real estate, or tax issues require legal advice. | Kansas Bar Association referrals |
| Kansas Courts CaseSearch | Searches public Kansas district court case information. Sumner County documents from September 12, 2022 forward may be available online, subject to public-access rules. | Kansas Courts CaseSearch |
When to hire an attorney
Consider a Kansas probate attorney if the estate includes a home sale, a dispute, missing heirs, a late will issue, creditor problems, tax questions, or a need to draft a petition that Kansas does not provide as a fill-in form. Kansas allows fiduciary and attorney compensation that is just and reasonable as allowed by the court (K.S.A. 59-1717). Sunset connects families with a vetted 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 estate settlement in Sumner County.
Generate the probate packet. Sunset turns the family's information into an organized probate packet, including the documents and next steps needed for a Kansas filing, attorney review, or court conversation.
Find a local probate attorney. When the estate needs legal drafting, real estate authority, creditor work, or a hearing strategy, Sunset connects the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets, and understand the next step without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Sumner County?
File with the clerk of the district court at the Sumner County Courthouse, 501 N Washington, Wellington, KS 67152. Sumner County is in Kansas's 30th Judicial District (K.S.A. 4-231), but Sumner County filings stay in Wellington because Kansas provides a clerk of the district court in each county (K.S.A. 20-343).
Can I e-file a Sumner County probate case if I do not have a lawyer?
Kansas-licensed attorneys must e-file under Rule 122. A self-represented filer does not use attorney e-filing. You may file in person, by mail, by fax to 620-326-5365, or in the courthouse drop box under the Kansas self-represented filing rule.
What is the filing fee to open a probate estate in Sumner County?
The probate estate filing is $131.50 as of July 1, 2026, made up of the $109.50 docket fee and the $22 surcharge authorized through June 30, 2030 (K.S.A. 59-104). If you cannot afford the fee, ask about the Poverty Affidavit under K.S.A. 59-104.
Does Sumner County have a drop box for probate filings?
Yes. Sumner County is not one of the counties excluded from the courthouse drop-box rule. For a self-represented filer, a document placed in the drop box by 4:00 p.m. local time counts as filed that day.
How do I look up a Sumner County probate case?
Use Kansas Courts CaseSearch for statewide public case information. Sumner County joined Kansas eCourt on September 12, 2022, so documents filed from that date forward may be available online when public-access rules allow them.
Does Sumner County post probate hearing days?
The Sumner County District Court contact page does not post a probate hearing day. After a petition is filed, the court fixes the hearing under K.S.A. 59-2222, and required published notice is timed under K.S.A. 59-2209.
Can I appear remotely for a Sumner County probate hearing?
You can ask. Remote appearance is discretionary under Rule 103, and the Kansas Judicial Council provides a Motion to Appear in Court by Phone or Video. Notify the other parties and ask the Sumner County clerk which process and platform the judge uses.
Does Sumner County have local probate forms?
Use the Kansas Judicial Council statewide forms first, including the Small Estates Affidavit under K.S.A. 59-1507b, the case-filing cover sheet, and the Self-Represented Litigant Certification Form. Call 620-326-5936 before filing to ask whether the court wants any local cover sheet, proposed order, or extra copies.
Do I have to travel to Wellington if I live out of state?
Not always. Filing can be by mail or fax, and a remote appearance can be requested under Rule 103. If you are appointed from outside Kansas, you can serve after appointing a Kansas resident agent in writing and filing the agent's acceptance with the district court (K.S.A. 59-706; K.S.A. 59-1706).
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.