Kansas Probate Information
Quick facts
| Topic | Kansas rule |
|---|---|
| Court | Probate is filed in the Kansas district court of the county. Kansas has a district court in each of its 105 counties, and each county has its own clerk of the district court (K.S.A. 20-301; K.S.A. 20-343). |
| Governing law | The Kansas Probate Code is K.S.A. chapter 59. Kansas also uses district judges and district magistrate judges, and a district magistrate judge may hear probate matters, including matters involving title to real estate (K.S.A. 20-302b). |
| Where to file | File in the county selected by Kansas venue rules. If the decedent lived in Kansas and owned real property in that county, file there. If the decedent lived in Kansas but owned no real property in that county, file in the county of residence or any county where the decedent owned real property. For a nonresident, file in any Kansas county where estate property is to be administered. First-filed proceedings control until venue is determined, and a misfiled case is transferred to the proper county (K.S.A. 59-2203). |
| Judicial districts | Kansas counties are grouped into 31 judicial districts for judges and administration, not for filing counters. The district map is statutory at K.S.A. 4-202 through K.S.A. 4-232 and K.S.A. 4-223a. |
| Will deadline | A will of a Kansas resident cannot pass property unless a petition for probate of the will is filed within six months after death (K.S.A. 59-617). A will, or a copy, can be preserved by filing a will and affidavit under K.S.A. 59-618a within that period, and a will filed with a refusal to grant letters petition can also be admitted later (K.S.A. 59-2287). A knowingly withheld will has a separate innocent-beneficiary rule with a 90 days petition period after knowledge and access (K.S.A. 59-618). |
| Docket fee | A probate estate filing is $131.50, made up of the $109.50 statutory docket fee plus the $22 surcharge authorized from July 1, 2026 through June 30, 2030 (K.S.A. 59-104). Johnson County adds enough for a $133.00 probate estate total, and Sedgwick County adds enough for a $133.50 probate estate total (K.S.A. 59-104). Additional court costs are taxed and billed as the court directs (K.S.A. 59-104(d)). |
| Small estates affidavit | The small estates affidavit is available when a Kansas resident dies and the total probate assets do not exceed $75,000, effective July 1, 2023, and it transfers personal property only. It is furnished to the holder of the property rather than filed as a court case (K.S.A. 59-1507b). |
| Statewide forms | Kansas publishes free statewide forms through the Kansas Judicial Council, 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 to appear by phone or video under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). Kansas does not publish a fill-in petition for opening a probate estate. |
| E-filing | Kansas-licensed attorneys must use electronic filing in all case types (Kan. Sup. Ct. R. 122). A person handling an estate without a lawyer uses the Supreme Court's temporary rule for self-represented filers: in person, by mail, by fax, or by drop box where available. Drop boxes are available at district court locations except in Anderson, Coffey and Osage Counties, and a drop-box filing made by 4:00 p.m. local time counts as filed that day. |
| Case search | Kansas Courts CaseSearch is the free statewide search for district court case information. Case information is available statewide, and online documents are available from the date the county joined Kansas eCourt. Full public records remain available on courthouse terminals. |
| Remote appearance | A Kansas district court has discretion to allow a remote appearance, and Kansas Supreme Court Rule 103, effective October 14, 2025, tells judges to consider travel, expense and access issues. Ask by motion, notify the other parties, and use the free Kansas Judicial Council form (Kan. Sup. Ct. R. 103). |
| Taxes | Kansas imposes no inheritance tax and no estate tax for a death on or after January 1, 2010. Kansas's inheritance tax applied only to deaths before July 1, 1998; the estate tax that replaced it applied only to deaths after June 30, 1998 and before January 1, 2010; both acts are repealed (K.S.A. 79-15,146; K.S.A. 79-15,254). Taxes payable by the estate still must be paid before final settlement as far as estate funds allow (K.S.A. 59-2249). |
Before you begin — know the assets and liabilities
Before you choose a Kansas probate path, count the accounts, debts and real estate. Kansas route selection turns on facts that are easy to miss: the small estates affidavit under K.S.A. 59-1507b can clear personal property when probate assets do not exceed $75,000, effective July 1, 2023, but it cannot move a house; refusal to grant letters under K.S.A. 59-2287 can reach real estate but requires a bond; and simplified administration is chosen by the court after considering statutory factors rather than by a dollar cutoff (K.S.A. 59-3202). Sunset's 2,300-institution asset discovery helps families make that estate settlement decision from a fuller picture.
The asset count also has to happen quickly. 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), and the separate creditor lien rule under K.S.A. 59-2239 also turns on a filing within six months. If the family is not ready to open an estate, filing a will, or a copy, with an affidavit under K.S.A. 59-618a within six months preserves the will for later probate and costs $70.50 under K.S.A. 59-104.
Which court handles probate
Kansas probate is organized county by county. There is a Kansas district court in each of the 105 counties (K.S.A. 20-301), and each county has its own clerk of the district court (K.S.A. 20-343). The 31 judicial districts, created by K.S.A. 4-202 through K.S.A. 4-232 and K.S.A. 4-223a, group judges and administration. They do not move a filing to another county's courthouse.
Venue is not simply the place where the decedent lived. If a Kansas resident owned an interest in real property in the county of residence, proceedings for probate of a will or administration are filed in that county. If the resident owned no real property in the county of residence, the petitioner may file in the county of residence or in any county where the decedent owned real property. If the decedent was not a Kansas resident, proceedings may be filed in any Kansas county where the decedent left estate to be administered (K.S.A. 59-2203).
If proceedings are started in more than one county, they are stayed everywhere except the county where the first proceeding began until venue is determined. If venue belongs in another county, the district court transmits the entire file to the proper county (K.S.A. 59-2203). A determination of descent has its own venue rule: it may be filed in the county of the decedent's residence or in any county where the decedent's property or interest in property is situated (K.S.A. 59-2250).
The probate process
- Gather the death certificate, the will if one exists, account information, debts, tax information and real estate records. Kansas route selection depends on what the estate contains, whether probate assets are at or under $75,000 under K.S.A. 59-1507b, effective July 1, 2023, and whether real estate needs a court decree.
- Calendar the will deadline immediately. A will of a Kansas resident cannot pass property unless a petition for probate is filed within six months after the death (K.S.A. 59-617). If the family is not ready to open administration, file the will, or a copy, with an affidavit under K.S.A. 59-618a within that same six-month period, or file the will with a refusal to grant letters petition under K.S.A. 59-2287, to preserve it for later probate. A knowingly withheld will has a separate 90 days innocent-beneficiary rule after knowledge and access (K.S.A. 59-618).
- Choose the Kansas route. The options include the small estates affidavit for personal property only (K.S.A. 59-1507b), refusal to grant letters of administration (K.S.A. 59-2287), determination of descent once the person has been dead more than six months and the statute's conditions are met (K.S.A. 59-2250), informal administration under the Kansas informal administration act (K.S.A. 59-3301 to K.S.A. 59-3306), and simplified or supervised administration under the Kansas simplified estates act, K.S.A. 59-3201 to K.S.A. 59-3206, with the court choosing the track under K.S.A. 59-3202.
- Prepare the petition. A petition for administration must include the contents required by K.S.A. 59-2219. A petition for probate of a will must include the contents required by K.S.A. 59-2220, and the will accompanies the petition if it can be produced. If you want simplified administration, ask for it in the petition and give one or more reasons (K.S.A. 59-2219; K.S.A. 59-2220; K.S.A. 59-3202).
- Add the required filing documents. A new case needs a case-filing cover sheet, and a self-represented filer must file the Self-Represented Litigant Certification Form. Both are free Kansas Judicial Council forms.
- File with the clerk of the district court in the proper county. A self-represented filer uses the Supreme Court's temporary rule channels: in person, by mail, by fax, or by drop box where available. A drop-box filing made by 4:00 p.m. local time counts as filed that day. Pay the $131.50 probate estate docket fee (K.S.A. 59-104), or file a Poverty Affidavit under K.S.A. 59-104 if you cannot afford the fee. Johnson County and Sedgwick County add per-case amounts to the statewide total (K.S.A. 59-104).
- The court fixes the time and place for the hearing on a petition for probate of a will, administration or refusal to grant letters (K.S.A. 59-2222). If every interested heir, devisee and legatee signs an acknowledged appearance, waives notice and consents, the court may in its discretion hold an immediate hearing, but the creditor notice must still be published separately where required (K.S.A. 59-2223; K.S.A. 59-2236).
- Give notice. When K.S.A. 59-2209 applies, the hearing notice is published once per week for three consecutive weeks, the first publication is made within 30 days after the order fixing the hearing, and the notice is mailed within seven days after first publication with the petition, attachments and will included. The hearing date is not earlier than 10 days and not later than 30 days after the last publication (K.S.A. 59-2209). The notice to creditors is published within 30 days after the petition is filed, once a week for three consecutive weeks, in a newspaper of the county authorized to publish legal notices (K.S.A. 59-709).
- Mail the surviving spouse the statutory elective-share notice statement within 10 days when required, with proof by affidavit filed with the court (K.S.A. 59-2233). If the decedent or a predeceased spouse received medical assistance, the paying state is entitled to notice, and the final settlement petition must address that notice (K.S.A. 59-2222; K.S.A. 59-2247).
- Attend the hearing. If the will is admitted and a personal representative is appointed, the court grants letters testamentary to the executor named in the will (K.S.A. 59-701), letters of administration with the will annexed where the will's executor cannot serve (K.S.A. 59-701), or letters of administration where there is no will (K.S.A. 59-705).
- File the inventory and valuation within 30 days after the date of the personal representative's letters, unless the court grants more time (K.S.A. 59-1201). The personal representative collects assets, manages the estate, pays allowed claims and pays taxes owed by the decedent or the estate.
- Handle creditor claims. A demand is barred unless it is presented within the later of four months from the first published notice or 30 days after actual notice to a known or reasonably ascertainable creditor (K.S.A. 59-2239). Separately, no creditor has any claim against or lien upon the decedent's property, other than liens existing at the date of death, unless a petition to probate the will under K.S.A. 59-2220 or a petition for administration under K.S.A. 59-2219 was filed within six months after the death (K.S.A. 59-2239).
- Close the estate by petition for final settlement and accounting. The court settles the account, determines the heirs, devisees and legatees entitled to the estate, and enters a final decree assigning the estate (K.S.A. 59-2247; K.S.A. 59-2249). If the decree includes real estate, a certified copy is transmitted to the county clerk for the transfer record (K.S.A. 59-2249).
Types of probate
| Route | Ceiling | Reaches real estate | Court case | Who gives authority | Docket fee | Statute |
|---|---|---|---|---|---|---|
| Small estates affidavit | $75,000 of probate assets, effective July 1, 2023; moves personal property only (K.S.A. 59-1507b) | Does not reach real estate | No case. The affidavit is furnished to the bank, employer or other holder | Nobody. The statute says transfer happens without letters | None | K.S.A. 59-1507b |
| Payment of small benefits to a listed relative | $10,000, effective July 1, 2023, and not less than 180 days after death (K.S.A. 59-1507a) | Does not reach real estate | No case | Nobody | None | K.S.A. 59-1507a |
| Refusal to grant letters of administration | $75,000 of real and personal estate, effective July 1, 2023, or an estate no larger than exempt property plus the K.S.A. 59-403 allowance. This $75,000 is K.S.A. 59-2287's test on the decedent's real and personal estate, not K.S.A. 59-1507b's test on probate assets | Yes. Real estate sold under the section is deemed to have marketable title as ordered by the court | Yes | Nobody. The court orders that no letters issue, and the petitioner gives a bond of not less than the value of the estate | $70.50 under K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 | K.S.A. 59-2287 |
| Filing a will and affidavit | None | Does not transfer real estate | A filing to preserve the will, with no administration | Nobody | $70.50 under K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030. The Kansas Judicial Branch filing-fee chart also lists Filing a Will after Testator's Death at no fee; ask the clerk which will-filing line applies | K.S.A. 59-618a |
| Determination of descent | None, but available only after the person has been dead more than six months (K.S.A. 59-2250) | Yes | Yes | Nobody. The court decrees descent under intestate succession or under a valid settlement agreement | $71.50 under K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 | K.S.A. 59-2250 |
| Informal administration | None | Yes | Yes. One petition, one hearing and one order assigning the assets | No ongoing letters route. Bonds stand in place of ongoing supervision | Ask the clerk of the district court for this route's fee | K.S.A. 59-3301 to K.S.A. 59-3306 |
| Simplified administration | None. The court chooses the track under K.S.A. 59-3202 | Yes | Yes | The court grants letters marked on their face as issued under the Kansas simplified estates act | $131.50 under K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 | K.S.A. 59-3201 to K.S.A. 59-3206; court's choice under K.S.A. 59-3202 |
| Supervised administration | None | Yes | Yes | The court grants letters | $131.50 under K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 | K.S.A. chapter 59 generally |
| Transfer-on-death deed | None | Yes | No. It is done during life | Nobody. The owner records the transfer-on-death deed with the register of deeds before death (K.S.A. 59-3501; K.S.A. 59-3502) | A recording charge at the register of deeds, not a probate docket fee | K.S.A. 59-3501 and K.S.A. 59-3502 |
There is no dollar threshold for informal administration, simplified administration or supervised administration. If the court determines informal administration is not appropriate, it may dismiss the proceeding, order a refusal to grant letters of administration proceeding, order a determination of descent proceeding if more than six months have passed since the death, or order that simplified or supervised administration ensue (K.S.A. 59-3305; K.S.A. 59-2287; K.S.A. 59-2250; K.S.A. 59-3202).
Executor duties
Executor duties in Kansas
| Duty | What Kansas requires |
|---|---|
| Qualify for the role | The court grants letters testamentary to the executor named in the will if the executor is legally competent and accepts the trust (K.S.A. 59-701). If the named executor cannot serve, the court grants letters of administration with the will annexed (K.S.A. 59-701). If there is no will, letters of administration are granted under K.S.A. 59-705. |
| Appoint a Kansas agent if nonresident | An out-of-state executor or administrator can serve, but before taking up the role the nonresident fiduciary must appoint a resident agent in Kansas, in writing, state the agent's address, obtain the agent's written acceptance and file that writing in the district court (K.S.A. 59-706; K.S.A. 59-1706). |
| Publish and mail creditor notice | The petitioner publishes the notice to creditors within 30 days after the petition is filed, once a week for three consecutive weeks, in a newspaper of the county authorized to publish legal notices (K.S.A. 59-709). The personal representative gives actual notice to known or reasonably ascertainable creditors before the nonclaim period expires (K.S.A. 59-709; K.S.A. 59-2239). |
| Notify the surviving spouse | Mail the surviving spouse a copy of the will, if any, plus the statutory elective-share notice statement within 10 days, and file proof by affidavit with the court (K.S.A. 59-2233). Do not state an elective-share percentage. |
| File the inventory and valuation | File the inventory and valuation within 30 days after the date of the personal representative's letters unless the court grants more time (K.S.A. 59-1201). |
| Manage assets, claims and taxes | Collect the assets, pay allowed creditor claims and pay taxes owed by the decedent or the estate (K.S.A. 59-3204). Taxes payable by the estate must be paid as far as there are funds before the final account is settled and allowed (K.S.A. 59-2249). |
| Handle real estate carefully | In a simplified estate under K.S.A. 59-3202, sale or exchange of personal property may proceed without court supervision, but the Kansas simplified estates act does not eliminate required notice of a petition to sell, lease or mortgage real property (K.S.A. 59-3203; K.S.A. 59-3204). |
| Address medical assistance | If the decedent or a predeceased spouse received medical assistance, the paying state is entitled to notice, and the final settlement petition must say either that no such assistance was paid or that the required notice was given (K.S.A. 59-2222; K.S.A. 59-2247). |
| Close the estate | Petition for final settlement and accounting, and obtain the court's final decree determining and assigning the estate. If the decree includes real estate, a certified copy goes to the county clerk for the transfer record (K.S.A. 59-2247; K.S.A. 59-2249). |
| Request compensation | Kansas sets no statutory percentage for an executor's fee or attorney's fee. The court allows the fiduciary's necessary expenses and compensation for the fiduciary's services and those of the fiduciary's attorneys that is just and reasonable, and the fiduciary may apply for an allowance at any time during administration (K.S.A. 59-1717). Those fees are additional court costs taxed as the court directs (K.S.A. 59-104(d)). |
Forms and documents
Probate forms in Kansas
Kansas publishes free statewide forms through the Kansas Judicial Council. The most important is the Small Estates Affidavit (02-2024): K.S.A. 59-1507b says an affidavit is sufficient if it substantially complies with the Judicial Council form. That affidavit applies to personal property when probate assets do not exceed $75,000, effective July 1, 2023 (K.S.A. 59-1507b).
| Form | Use | Link |
|---|---|---|
| Small Estates Affidavit | Furnished to the property holder for personal property under K.S.A. 59-1507b | Kansas Judicial Council small estates affidavit |
| Self-Represented Litigant Certification Form | Required for anyone filing without a lawyer | SRL certification form |
| Case-filing cover sheet | Required with a new case | Case filing cover sheets |
| Poverty Affidavit | Request to excuse all or part of a probate docket fee under K.S.A. 59-104 | Poverty Affidavit |
| Motion to Appear in Court by Phone or Video | Request a remote appearance under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103) | Remote appearance forms |
| Probate notice of hearing | Judicial Council notice form tied to the statutory notice form rule (K.S.A. 59-2210) | Probate notice of hearing |
| Petition for Allowance of Demand | Creditor claim form | Petition for Allowance of Demand |
Kansas does not publish a fill-in petition for probate of a will, petition for administration, inventory and valuation, refusal to grant letters petition, determination of descent petition, informal administration petition or final settlement petition. Those filings are drafted from the statutory requirements, especially K.S.A. 59-2219 and K.S.A. 59-2220, or with a lawyer's help. Judicial Council staff cannot give legal advice, recommend a course of action or help fill out forms.
Fees
Kansas probate fees are flat statutory docket fees under K.S.A. 59-104, with a $22 surcharge authorized from July 1, 2026 through June 30, 2030 (K.S.A. 59-104). The published totals below include that surcharge unless the chart lists no fee. Additional court costs, including publication, appraiser fees, executor or administrator fees and attorney fees, are approved by the court unless fixed by statute and are taxed and billed against the parties or estate as the court directs (K.S.A. 59-104(d)).
| Filing | Current total | Authority |
|---|---|---|
| Probate estate | $131.50 | $109.50 plus the $22 surcharge under K.S.A. 59-104, with the surcharge authorized from July 1, 2026 through June 30, 2030 |
| Probate estate in Johnson County | $133.00 | Kansas Judicial Branch chart adds a county amount to the K.S.A. 59-104 total |
| Probate estate in Sedgwick County | $133.50 | Kansas Judicial Branch chart adds a county amount to the K.S.A. 59-104 total |
| Determination of descent | $71.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Filing a will and affidavit | $70.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Filing a will after death | No fee | Kansas Judicial Branch filing-fee chart; ask the clerk which will-filing line applies |
| Refusal to grant letters | $70.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Trust | $91.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Record from another Kansas county | $45.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Record from another state | $195.00 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Termination of joint tenancy or life estate | $70.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
| Guardianship or conservatorship | $91.50 | K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030 |
A self-represented filer who cannot afford a required fee may file a Poverty Affidavit under K.S.A. 59-104. Separately, where the total assets of the estate do not exceed $10,000 in value, effective July 1, 2023, the court may remit the court costs or any part of them (K.S.A. 59-2215). Payment depends on filing method: in person filings may be paid by check, credit or debit card, money order or cash; mail and drop-box filings use check or money order; fax filings use credit or debit card.
Kansas sets no statutory percentage for an executor's fee or an attorney's fee. The court allows the fiduciary's necessary expenses and compensation for the fiduciary's services and those of the fiduciary's attorneys that is just and reasonable, and the fiduciary may apply to the court for an allowance at any time during administration (K.S.A. 59-1717). Those amounts are additional court costs taxed against the estate as the court directs (K.S.A. 59-104(d)).
Timeline
- At death, start the six-month will clock. 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). A will, or a copy, filed with an affidavit under K.S.A. 59-618a within that period may be admitted later, and a will filed with a refusal to grant letters petition under K.S.A. 59-2287 has the same preserving effect.
- If someone knowingly withholds a will, an innocent beneficiary may petition within 90 days after gaining knowledge of the will and access to it, and the person who withheld it is liable for reasonable attorney fees, costs and damages (K.S.A. 59-618).
- When a self-represented filing is received, the clerk must process it as quickly as possible and not more than eight business hours after receiving it, under the Supreme Court's temporary rule for filing in a district court by a self-represented litigant.
- For a drop-box filing by a self-represented litigant, a document deposited by 4:00 p.m. local time in the filing county counts as filed that day under the Supreme Court's temporary rule for filing in a district court by a self-represented litigant.
- The court fixes the time and place for a hearing on a petition for probate of a will, administration or refusal to grant letters (K.S.A. 59-2222).
- When K.S.A. 59-2209 applies, the first hearing-notice publication must be made within 30 days after the order fixing the time and place of the hearing, and the notice is published once per week for three consecutive weeks (K.S.A. 59-2209).
- The notice to creditors is published within 30 days after the petition is filed, once a week for three consecutive weeks, in a newspaper of the county authorized to publish legal notices (K.S.A. 59-709).
- The petitioner mails the hearing notice within seven days after the first published notice, with the petition, attachments and will included unless the court excuses them (K.S.A. 59-2209).
- The hearing is set not earlier than 10 days and not later than 30 days after the last publication of the hearing notice (K.S.A. 59-2209).
- The surviving spouse receives the statutory elective-share notice within 10 days when required, and proof is filed by affidavit (K.S.A. 59-2233).
- The inventory and valuation is filed within 30 days after the date of the personal representative's letters unless the court grants more time (K.S.A. 59-1201).
- A creditor's 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 (K.S.A. 59-2239).
- Separately, no creditor has any claim against or lien upon the decedent's property, other than liens existing at the date of death, unless a petition to probate the will under K.S.A. 59-2220 or for administration under K.S.A. 59-2219 was filed within six months after the death (K.S.A. 59-2239).
- A determination of descent is available only after the decedent has been dead more than six months, no will was filed under K.S.A. 59-618a within six months after death, no petition was filed for probate of a will in Kansas, and no petition for administration was filed in Kansas or administration occurred without a descent determination (K.S.A. 59-2250).
- A simplified estate may close only after the claims period has expired, the time to appeal an order admitting or refusing a will has expired, and six months from the date of death have expired (K.S.A. 59-3205; K.S.A. 59-3202).
- In informal administration, a distributee who receives property before six months from the date of death or before the nonclaim statute has run gives a redelivery bond (K.S.A. 59-3304; K.S.A. 59-2239).
- Small benefit payments to listed relatives may be made not less than 180 days after death, up to $10,000, effective July 1, 2023 (K.S.A. 59-1507a).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters |
|---|---|
| Six-month will rule | Kansas makes the will deadline central. If no petition is filed within six months and no savings provision applies, the property passes by Kansas intestate succession instead, which a determination of descent under K.S.A. 59-2250 can decree once six months have run (K.S.A. 59-617; K.S.A. 59-618; K.S.A. 59-618a; K.S.A. 59-2287). |
| Four different $75,000 rules | $75,000, effective July 1, 2023, appears in four different places: the small estates affidavit for probate assets and personal property (K.S.A. 59-1507b), refusal to grant letters for real and personal estate (K.S.A. 59-2287), the spouse and minor children allowance (K.S.A. 59-403), and the homestead allowance (K.S.A. 59-6a215). They are not interchangeable. |
| No dollar cutoff for administration tracks | Simplified administration and supervised administration are chosen by the court on the factors in K.S.A. 59-3202, and the Kansas simplified estates act is K.S.A. 59-3201 to K.S.A. 59-3206. A petitioner must ask for simplified administration and give reasons (K.S.A. 59-2219; K.S.A. 59-2220). |
| District magistrate judges | A district magistrate judge may hear a Kansas probate matter of any size, including one that determines title to real estate (K.S.A. 20-302b). |
| Self-represented filing channels | A person handling an estate without a lawyer uses in person, mail, fax or drop box filing under the Supreme Court's temporary rule for self-represented filers. The 4:00 p.m. local-time drop-box cutoff matters when a deadline is close. Drop boxes are available at district court locations except in Anderson, Coffey and Osage Counties. |
| Clerk processing standard | Under the Supreme Court's temporary rule for self-represented filers, the clerk must process a filing as quickly as possible and not more than eight business hours after receiving it, and may return a document only for the rule's short list of reasons. |
| Immediate hearing by consent | If every interested heir, devisee and legatee enters an acknowledged appearance, waives notice and consents, the court may in its discretion hold an immediate hearing (K.S.A. 59-2223). The creditor notice still must be published separately if the ordinary hearing notice is waived (K.S.A. 59-2236; K.S.A. 59-709). |
| Medical assistance notice | If the decedent or a predeceased spouse received medical assistance, the paying state is entitled to notice, and the final settlement petition must address that notice (K.S.A. 59-2222; K.S.A. 59-2247). |
| Two-city counties | Crawford, Labette, Montgomery, Cowley and Neosho Counties each hold district court in two cities, so confirm with the clerk of the district court which courthouse takes the filing (K.S.A. 4-212; K.S.A. 4-215). |
| Remote appearance | A remote appearance is discretionary, not automatic. Kansas Supreme Court Rule 103, effective October 14, 2025, lets the court consider travel, expense and access issues, and the Kansas Judicial Council publishes a free motion form (Kan. Sup. Ct. R. 103). |
Small-estate alternatives
Kansas has more than one smaller-estate tool, and the details matter. The small estates affidavit under K.S.A. 59-1507b applies when a Kansas resident dies and the total probate assets do not exceed $75,000, effective July 1, 2023. It moves personal property only, is furnished to the person or entity holding the property, creates no court case, carries no docket fee and produces no letters (K.S.A. 59-1507b).
Refusal to grant letters of administration is different. It is a court proceeding, reaches real estate, and may be available when the real and personal estate does not exceed $75,000, effective July 1, 2023, or where the estate is not larger than exempt property plus the allowance under K.S.A. 59-403. The petitioner gives a bond of not less than the value of the estate, and real estate sold under the section is deemed to have marketable title as ordered by the court (K.S.A. 59-2287). The docket fee is $70.50 under K.S.A. 59-104, reflecting the $22 surcharge window from July 1, 2026 through June 30, 2030.
K.S.A. 59-1507a is narrower still: it allows certain listed relatives to collect specified benefit payments not exceeding $10,000, effective July 1, 2023, not less than 180 days after the death. None of these smaller-estate tools probates a will, and none stops the six-month will deadline under K.S.A. 59-617.
Recent updates
| Change | Authority |
|---|---|
| The $22 docket-fee surcharge authority was rewritten to run from July 1, 2026 through June 30, 2030, so a probate estate remains $131.50 under K.S.A. 59-104 | 2026 HB 2393, section 16, approved by the Governor April 3, 2026 |
| A nonresident fiduciary's agent may now reside anywhere in Kansas rather than in the county where the appointment is made (K.S.A. 59-1706) | 2026 SB 480, section 1, approved by the Governor April 9, 2026 |
| Remote proceedings and remote appearances got a current statewide rule (Kan. Sup. Ct. R. 103) | New rule adopted effective October 14, 2025 |
| Kansas Courts CaseSearch became the statewide search for district court case information and documents | Launched November 2025 and replaced the prior district court search tool the same month |
| The window to publish the notice to creditors moved to 30 days after filing the petition (K.S.A. 59-709) | 2024 Kansas Session Laws chapter 35, section 1, approved April 12, 2024, effective July 1, 2024 |
| The small estates affidavit ceiling rose to $75,000, and the family allowance cap and the homestead allowance each rose to $75,000 (K.S.A. 59-1507b; K.S.A. 59-403; K.S.A. 59-6a215) | 2023 Kansas Session Laws chapter 77, sections 7, 1 and 5, approved April 24, 2023, effective July 1, 2023 |
| A will, or a copy of a will, may be filed with the preserving affidavit, and the affidavit must state which is being filed (K.S.A. 59-618a) | 2023 Kansas Session Laws chapter 77, section 2, effective July 1, 2023 |
Page last reviewed: August 2026.
Scenarios
| Situation | Kansas path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title. If the home is held with survivorship rights, a termination of joint tenancy may be the relevant $70.50 filing under K.S.A. 59-104 rather than full administration. The spouse may also have the homestead or a homestead allowance of $75,000, effective July 1, 2023 (K.S.A. 59-6a215), the family allowance of not more than $75,000, effective July 1, 2023 (K.S.A. 59-403), and the ten-day elective-share notice right (K.S.A. 59-2233). If a will exists, the six-month deadline still runs (K.S.A. 59-617). | Sunset identifies the home's title pattern, searches for accounts and debts, and helps assemble an estate settlement plan before the family chooses between a survivorship filing, a preserving will filing or administration. |
| Out-of-state adult child with a small estate | If probate assets do not exceed $75,000, effective July 1, 2023, and there is no real estate to move, use the small estates affidavit under K.S.A. 59-1507b. If letters are needed, an out-of-state personal representative can serve after appointing a resident agent in Kansas with written acceptance filed in the district court (K.S.A. 59-706; K.S.A. 59-1706). A remote appearance can be requested under Kansas Supreme Court Rule 103 (Kan. Sup. Ct. R. 103). The will still needs attention within six months (K.S.A. 59-617; K.S.A. 59-618a). | Sunset's asset discovery helps confirm whether the K.S.A. 59-1507b affidavit is enough, generates the right packet for the chosen route, and connects the family to a Kansas probate attorney when letters, a resident agent or a remote appearance request is needed. |
| Parent settling a predeceased child's estate, home must be sold | The K.S.A. 59-1507b affidavit does not move a house. Consider refusal to grant letters if the K.S.A. 59-2287 test is met, because it can produce marketable title as ordered by the court and uses a bond; informal administration under K.S.A. 59-3301 to K.S.A. 59-3306; or simplified administration requested under the Kansas simplified estates act, K.S.A. 59-3201 to K.S.A. 59-3206, with the court choosing the track under K.S.A. 59-3202. A notice of a petition to sell real property is still required in a simplified estate (K.S.A. 59-3203), and the six-month will deadline remains critical (K.S.A. 59-617). | Sunset helps find accounts, debts and title records, prepares the estate settlement packet around the real-estate issue, and connects the family to a vetted Kansas probate attorney when a sale, bond or contested title question is involved. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Kansas Judicial Branch probate and elder law self-help | Official statewide probate information, glossary, links to the small estates affidavit under K.S.A. 59-1507b, Judicial Council forms and transfer-on-death deed information under K.S.A. 59-3501 | Probate and elder law self-help |
| Kansas Judicial Branch filing fees | Current probate docket fee totals, including the $131.50 probate estate total under K.S.A. 59-104 and the Johnson County and Sedgwick County additions | Kansas filing fees |
| Kansas Judicial Branch filing documents guide | Self-represented filing channels, drop-box exceptions, payment methods, cover sheet requirement and SRL certification requirement | Filing documents |
| Kansas Judicial Council free forms | Free statewide forms, including the K.S.A. 59-1507b small estates affidavit, SRL certification form, case-filing cover sheets, Poverty Affidavit under K.S.A. 59-104, and Rule 103 remote appearance forms | Kansas Judicial Council forms |
| District Court Self-Help Center directory | County-by-county directory. The Judicial Branch lists centers in 61 of 105 counties. Hours, staffing and resources differ by county, and many centers are unstaffed rooms with forms and technology rather than legal advisers | Self-Help Center directory |
| Kansas Legal Services | Nonprofit law firm providing free and reduced-cost civil legal help to low- and moderate-income Kansans across all 105 counties, subject to eligibility and case-type priorities. Call 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m. Online applications are available from 8:00 a.m. Monday to 4:30 p.m. Thursday and not available Friday through Sunday | Kansas Legal Services |
| Kansas Legal Services probate FAQ | Plain-language probate information linked by the Judicial Branch. Use it as information only, and rely on current Kansas tax sources for tax questions | KLS probate FAQ |
| Kansas Elder Hotline | For Kansas residents age 60 or older who may qualify for free legal advice through Kansas Legal Services. Call 316-267-3975 | Kansas Elder Hotline information |
| Kansas Bar Association Lawyer Referral Service | No charge to be referred. Participating attorneys set their own fees. The KBA states it does not provide pro bono or reduced-fee referral services and that not all Kansas attorneys participate | KBA lawyer referral |
| Kansas Courts CaseSearch | Free statewide district court case information search, with documents available from each county's Kansas eCourt start date | Kansas Courts CaseSearch |
| Kansas Courts hearing reminders | Courtesy text-message hearing reminders. Probate is not on the excluded case-type list, but reminders do not replace official court notice | Kansas hearing reminders |
| Find a Kansas district court | Judicial Branch index of the 31 judicial districts and their counties. County district court pages list courthouse contact information and the clerk of the district court's office | Kansas district courts |
When to hire an attorney
Counsel makes sense in Kansas when real estate must be sold or title cleared, a bond is involved, the six-month will deadline is close (K.S.A. 59-617), the elective share or an allowance is contested, a creditor claim is disputed, the estate is insolvent, or the petition must be drafted from K.S.A. 59-2219 or K.S.A. 59-2220 because Kansas does not publish a fill-in petition. Kansas-licensed attorneys use electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122), and Kansas sets no statutory percentage for attorney or executor compensation; the standard is just and reasonable (K.S.A. 59-1717). Sunset connects families to a vetted Kansas probate attorney when legal help is the safer route.
How Sunset helps in Kansas
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, insurance leads, debts and real estate clues. That matters in Kansas because estate settlement often turns on whether probate assets fit K.S.A. 59-1507b, whether real estate is involved, and whether a bond or administration route is needed.
Generate the probate packet. Sunset helps organize the information needed for Kansas filings, including the will, death certificate, asset list, creditor information, required cover sheet and self-represented certification form. Kansas publishes useful statewide forms, but not a fill-in petition for opening an estate, so the packet has to follow the statutory route.
Find a local probate attorney. When a Kansas estate involves real estate, a near-expired six-month will deadline, a refusal to grant letters bond, a disputed claim, a nonresident fiduciary or a remote appearance request, Sunset connects the family with a vetted Kansas probate attorney.
Sunset is free for families. Sunset assembles estate settlement information, helps the family understand the Kansas options, and makes attorney introductions without charging families for the platform.
Frequently asked questions
Where do you file probate in Kansas?
File with the clerk of the district court in the county selected by Kansas venue rules. If the decedent was a Kansas resident and owned real property in the county of residence, file there. If the decedent owned no real property in the county of residence, file in the county of residence or any county where the decedent owned real property. If the decedent was not a Kansas resident, file in any Kansas county where estate property is to be administered (K.S.A. 59-2203). Each county has its own clerk of the district court (K.S.A. 20-343).
How long do you have to probate a will in Kansas?
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). Filing the will, or a copy, with an affidavit under K.S.A. 59-618a within that period preserves it for later probate, and filing the will with a refusal to grant letters petition under K.S.A. 59-2287 does the same. If a will was knowingly withheld, an innocent beneficiary may petition within 90 days after gaining knowledge of the will and access to it (K.S.A. 59-618). If no petition is filed within six months and no savings provision applies, the property passes by Kansas intestate succession instead, which a determination of descent under K.S.A. 59-2250 can decree once six months have run.
How much does it cost to open probate in Kansas?
A probate estate filing is $131.50, made up of the $109.50 statutory docket fee plus the $22 surcharge authorized from July 1, 2026 through June 30, 2030 (K.S.A. 59-104). Johnson County's probate estate total is $133.00, and Sedgwick County's probate estate total is $133.50 (K.S.A. 59-104). A Poverty Affidavit under K.S.A. 59-104 can be filed by a person who cannot afford a required fee. Publication, attorney, executor and other costs are additional court costs taxed as the court directs (K.S.A. 59-104(d)).
Can you avoid Kansas probate with a small estates affidavit?
Sometimes. If a Kansas resident dies and probate assets do not exceed $75,000, effective July 1, 2023, the small estates affidavit under K.S.A. 59-1507b can transfer personal property from the bank, employer or other holder without letters. It does not transfer real estate and it does not probate a will. The six-month will deadline still runs (K.S.A. 59-617).
Does Kansas have an inheritance tax or an estate tax?
Kansas imposes no inheritance tax and no estate tax for a death on or after January 1, 2010. Kansas's inheritance tax applied only to deaths before July 1, 1998; the estate tax that replaced it applied only to deaths after June 30, 1998 and before January 1, 2010; both acts are repealed (K.S.A. 79-15,146; K.S.A. 79-15,254). Taxes payable by the estate still must be paid before final settlement as far as estate funds allow (K.S.A. 59-2249).
Can you e-file a Kansas probate case yourself?
Kansas-licensed attorneys must use electronic filing under Kansas Supreme Court Rule 122 (Kan. Sup. Ct. R. 122). A person handling an estate without a lawyer uses the Supreme Court's temporary rule channels: file in person, by mail, by fax or by drop box where available. Drop boxes are available at district court locations except Anderson, Coffey and Osage Counties, and a drop-box filing made by 4:00 p.m. local time counts as filed that day.
Is there a hearing in a Kansas probate case?
Yes. When a petition is filed for probate of a will, administration or refusal to grant letters, the court fixes the time and place for the hearing (K.S.A. 59-2222). The judge admits the will and grants letters testamentary to the executor named in the will (K.S.A. 59-701), letters of administration with the will annexed where the named executor cannot serve (K.S.A. 59-701), or letters of administration where there is no will (K.S.A. 59-705).
Can you appear remotely in a Kansas probate hearing?
You can ask by motion. Kansas Supreme Court Rule 103, effective October 14, 2025, gives the district court discretion to allow or deny a remote appearance and tells judges to consider travel, expense and access issues (Kan. Sup. Ct. R. 103). The Kansas Judicial Council publishes a free motion to appear by phone or video.
How do you look up a Kansas probate case?
Use Kansas Courts CaseSearch. It is the free statewide search for district court case information. Case information includes the case number, parties, attorneys, judge and hearing dates. Online documents are available from the county's Kansas eCourt start date, and the full public record is available on a courthouse terminal.
How long do creditors have to make a claim in a Kansas estate?
A creditor's demand is barred unless presented within the later of four months from the first published notice or 30 days after actual notice to a known or reasonably ascertainable creditor (K.S.A. 59-2239). Separately, no creditor has any claim against or lien upon the decedent's property, other than liens existing at the date of death, unless a petition to probate the will under K.S.A. 59-2220 or for administration under K.S.A. 59-2219 was filed within six months after death (K.S.A. 59-2239).
Can an out-of-state executor serve in Kansas?
Yes. A nonresident executor or administrator can serve after appointing a resident agent in Kansas in writing, stating the agent's address, getting the agent's written acceptance and filing that writing in the district court (K.S.A. 59-706; K.S.A. 59-1706). As of 2026, the agent may reside anywhere in Kansas.
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.