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Thomas County, KS Probate Information
Quick facts
| Item | Thomas County information |
|---|---|
| Court | Thomas County District Court |
| Courthouse address | Thomas County Courthouse, 275 N Court Ave., Colby, KS 67701 |
| Mailing address | Thomas County Courthouse, 275 N Court Ave., Colby, KS 67701 |
| Clerk phone | 785-460-4540 |
| Fax | 785-460-2291 |
| Hours | Clerk counter hours are not posted online. Call 785-460-4540 before a filing trip. The Thomas County District Court Self-Help Center has separate posted hours from 8:00 a.m. to 5:00 p.m., closed 12:00 p.m. to 1:00 p.m., and is not staffed. |
| Filing fee | A probate estate filing fee is $131.50 as of July 1, 2026, made up of the $109.50 statutory fee and the $22 surcharge under K.S.A. 59-104. Other court costs can be taxed against the estate as the court directs under K.S.A. 59-104. |
| Local forms | No Thomas County probate form, local probate cover sheet or local probate checklist is published. Use the statewide Kansas Judicial Council forms where available. |
| E-filing | Kansas-licensed attorneys must use e-filing under Kan. Sup. Ct. Rule 122. A self-represented filer files in person, by mail, by fax or in the courthouse drop box. |
| Case search | Kansas Courts CaseSearch provides free statewide case information. Thomas County joined Kansas eCourt on July 11, 2022, so online documents for Thomas County cases begin from that date when public access rules allow them. |
| Drop box | Available. A self-represented filing placed in the Thomas County drop box by 4:00 p.m. Central time counts as filed that day. |
| Remote appearance | Remote appearance is discretionary under Kan. Sup. Ct. Rule 103. Use the Kansas Judicial Council motion form and ask the clerk how the judge wants the request handled. |
| Website | 15th Judicial District website: http://www.thomascounty.us/ |
Before you begin — know the assets and liabilities
Before choosing a probate path in Thomas County, identify the accounts, debts, title to any real estate, beneficiary designations and whether there is a will. Kansas procedure changes sharply depending on whether the estate needs letters, whether real estate must be assigned or sold, and whether the will must be preserved within six months under K.S.A. 59-617.
Sunset can support estate settlement by helping families search across more than 2,300 institutions for accounts and assets, then organize what belongs in the Thomas County filing packet and what may pass outside probate.
Which court handles jurisdiction
Probate for Thomas County is filed with the clerk of the district court at the Thomas County Courthouse in Colby (K.S.A. 20-343). The case is heard in the Thomas County District Court, which is part of Kansas's 15th judicial district (K.S.A. 4-216). The district also includes Cheyenne, Logan, Rawlins, Sheridan, Sherman and Wallace counties, but a Thomas County case is filed at the Thomas County courthouse.
Kansas venue turns on residence and real property. If the decedent lived in Kansas and owned real property in the county of residence, probate or administration belongs in that county. If the 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 (K.S.A. 59-2203). If more than one county is used, the first legally commenced proceeding controls until venue is decided, and a misfiled case is transferred to the proper county (K.S.A. 59-2203).
The jurisdiction process
- Gather the death certificate, the will if there is one, financial information, real estate details and creditor information before starting the Thomas County estate settlement.
- Act on the will deadline first. A Kansas will for a Kansas resident cannot pass property unless a petition to probate the will is filed within six months after death (K.S.A. 59-617). If the family is not ready for a full estate case, ask about filing a will and affidavit under K.S.A. 59-618a to preserve the will.
- Choose the Kansas path that fits the assets. A small estates affidavit under K.S.A. 59-1507b may be used for qualifying personal property when probate assets do not exceed $75,000, effective July 1, 2023, but it is given to the holder of the property and is not a court filing. Other court paths include refusal to grant letters under K.S.A. 59-2287, determination of descent under K.S.A. 59-2250 after the required time has passed, informal administration under K.S.A. 59-3301 and simplified or supervised administration under K.S.A. 59-3202.
- Prepare the petition from the Kansas Probate Code requirements. If you want simplified administration, ask for it and give reasons in the petition because the court decides whether the estate will be simplified or supervised under K.S.A. 59-3202.
- Add the required new-case cover sheet. If you are filing without a lawyer, also include 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 the Thomas County Courthouse, 275 N Court Ave., Colby, KS 67701. A self-represented filer may file in person, by mail, by fax to 785-460-2291 or in the drop box. A drop-box filing made by 4:00 p.m. Central time counts that day. A probate estate filing fee is $131.50 as of July 1, 2026, under K.S.A. 59-104.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). If you need to appear by phone or video, file a motion and notify the other parties. Remote appearance is discretionary under Kan. Sup. Ct. Rule 103.
- Give required notice. Hearing notice is published once per week for three consecutive weeks, and mailed as required with the petition and will when applicable (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 mailed within the statutory time.
- Attend the hearing. The court, not the clerk, admits the will 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 and close the estate. File the inventory and valuation within 30 days after letters unless the court gives more time (K.S.A. 59-1201), handle claims under the nonclaim statute (K.S.A. 59-2239), pay debts and taxes, then seek final settlement and the final decree assigning the estate.
Forms and documents
Probate forms in Thomas County
Thomas County does not publish a local probate packet, local probate cover sheet or local probate checklist. Use statewide Kansas Judicial Council forms where they exist, and draft any petition that Kansas does not provide as a fill-in form from the statute or with a lawyer's help.
| Form or resource | Use |
|---|---|
| Small Estates Affidavit | For qualifying personal property under K.S.A. 59-1507b when probate assets do not exceed $75,000, effective July 1, 2023. The affidavit goes to the bank or other holder, not to the Thomas County filing counter. |
| Case filing cover sheet | Required with a new court case. |
| Self-Represented Litigant Certification Form | Required if you file without a lawyer. |
| Poverty Affidavit | Use to ask for waiver of the filing fee under K.S.A. 59-104. |
| Motion to Appear in Court by Phone or Video | Use to request remote appearance under Kan. Sup. Ct. Rule 103. |
| Rule 119 Fax Transmission Sheet | Use when filing by fax to the Thomas County clerk's fax number. |
Recent updates
| Change | What it means |
|---|---|
| 2026 court-fee update | The $22 surcharge authority for probate filing fees runs from July 1, 2026 through June 30, 2030 under K.S.A. 59-104. In Thomas County, the probate estate filing fee is $131.50 as of July 1, 2026, under K.S.A. 59-104. |
| 2026 nonresident fiduciary update | A nonresident personal representative must appoint a Kansas resident agent, and the agent may reside anywhere in Kansas under K.S.A. 59-1706. |
| 2025 CaseSearch transition | Kansas Courts CaseSearch is the statewide search tool for district court case information. Thomas County joined Kansas eCourt on July 11, 2022, which affects which public documents are available online. |
| 2024 creditor notice update | The time to publish notice to creditors after filing the petition is 30 days under K.S.A. 59-709. |
| 2023 small-estate update | The small estates affidavit amount under K.S.A. 59-1507b is $75,000, effective July 1, 2023. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Thomas County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how the home is titled. A joint-tenancy issue may require a separate Kansas filing, while a probate estate may still be needed for assets in the decedent's name alone. The spouse should also receive the required elective-share notice if a will is filed. | Sunset helps identify the accounts, debts and title questions so the spouse can see whether a Thomas County estate settlement is needed. |
| Out-of-state adult child with a small estate | If the estate has only qualifying personal property and probate assets do not exceed $75,000 under K.S.A. 59-1507b, the small estates affidavit under K.S.A. 59-1507b may avoid a court case. If letters are needed, a nonresident personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-1706, and can ask for remote appearance under Kan. Sup. Ct. Rule 103. | Sunset helps sort probate assets from nonprobate assets, prepare a practical next-step list and connect the family with a Kansas attorney when letters or a court order are needed. |
| Parent settling a predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not move 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. If there is a will, keep the six-month deadline in K.S.A. 59-617 at the front of the plan. | Sunset helps locate accounts, organize home and debt information, and build a packet a local probate attorney can review efficiently. |
Self-help resources
| Resource | How it helps Thomas County families |
|---|---|
| Thomas County District Court Self-Help Center | Located at the courthouse. Posted hours are 8:00 a.m. to 5:00 p.m., closed 12:00 p.m. to 1:00 p.m. The center is not staffed and provides computers, a printer, a public phone line and private meeting space. |
| Kansas Judicial Branch self-help probate page | Provides Kansas probate and elder-law information and links to statewide resources. |
| Kansas Judicial Council forms | Provides free statewide forms, including 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 for remote appearance under Kan. Sup. Ct. Rule 103. |
| Kansas Legal Services | Provides civil legal help to eligible Kansans statewide. Intake is by phone at 316-267-3975 from 8:00 a.m. to 4:30 p.m. on weekdays. Online intake is available from 8:00 a.m. on Monday through 4:30 p.m. on Thursday. |
| Kansas Elder Hotline | Kansans age 60 or older may call 316-267-3975 to ask whether free legal advice is available. |
| 15th Judicial District legal aid days | The district offers Kansas Legal Services legal aid days by appointment with remote attorneys. Ask the Thomas County clerk's office for the application or appointment process. |
| Kansas Bar Association lawyer referral | Use the Kansas Bar Association Lawyer Referral Service at https://ksbar.org/?pg=clientreferrals to look for a Kansas probate attorney. |
When to hire an attorney
A lawyer is most useful when the will deadline is close, heirs disagree, creditors are active, a house must be sold, a nonresident personal representative needs a Kansas resident agent under K.S.A. 59-1706, or the family must decide between refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301 and simplified administration under K.S.A. 59-3202. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, retirement assets and other property that may affect a Thomas County estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized probate packet, including asset details, family information and filing next steps for the Thomas County District Court.
Find a local probate attorney. When a Kansas court filing, letters, a home sale or a disputed issue needs legal help, Sunset can connect the family with a vetted Kansas probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement process, organize documents and decide what help they need without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Thomas County, Kansas?
File with the clerk of the district court at the Thomas County Courthouse, 275 N Court Ave., Colby, KS 67701 (K.S.A. 20-343). Thomas County is in Kansas's 15th judicial district (K.S.A. 4-216), but a Thomas County estate is filed in Colby.
What is the filing fee to open a probate estate in Thomas County?
The probate estate filing fee is $131.50 as of July 1, 2026, under K.S.A. 59-104. That total is the $109.50 statutory fee plus the $22 surcharge under K.S.A. 59-104. Other court costs can be charged as the court directs.
Can I e-file a Thomas County probate case myself?
Kansas-licensed attorneys must use e-filing under Kan. Sup. Ct. Rule 122. A self-represented person files in person, by mail, by fax or in the courthouse drop box. For Thomas County, the clerk's fax number is 785-460-2291.
Does Thomas County have a drop box for self-represented filings?
Yes. A self-represented document placed in the Thomas County courthouse drop box by 4:00 p.m. Central time counts as filed that day. After 4:00 p.m., or on a weekend or Supreme Court holiday, it counts on the next business day.
Can I appear remotely for a Thomas County probate hearing?
Remote appearance is discretionary under Kan. Sup. Ct. Rule 103. File the Kansas Judicial Council motion to appear by phone or video, notify the other parties and call the Thomas County clerk at 785-460-4540 for local instructions.
How do I look up a Thomas County probate case?
Use Kansas Courts CaseSearch for free statewide case information. Thomas County joined Kansas eCourt on July 11, 2022, so public documents filed from that date forward may be available online when access rules allow them. Older documents and items not available online can be reviewed at the courthouse public terminal.
Does Thomas County publish local probate forms?
No local Thomas County probate packet, probate cover sheet or probate checklist is published. Use the Kansas Judicial Council forms that apply, including the small estates affidavit under K.S.A. 59-1507b, case filing cover sheets, the Self-Represented Litigant Certification Form, the Poverty Affidavit under K.S.A. 59-104 and the remote-appearance motion under Kan. Sup. Ct. Rule 103.
What happens if a Kansas will is not filed within six months?
A will of a Kansas resident cannot pass property unless a petition to probate the will is filed within six months after death (K.S.A. 59-617). If you are not ready to open a full estate, ask about filing a will and affidavit under K.S.A. 59-618a before the deadline.
Do I have to travel to Colby if I live out of state?
Not always. A nonresident personal representative can serve after appointing a Kansas resident agent under K.S.A. 59-1706, and a party can request remote appearance under Kan. Sup. Ct. Rule 103. The judge decides whether to allow remote participation.
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.