Overview
Barton County is located in Kansas with a population of approximately 25,493. The Barton County District Court (20th Judicial District) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Kansas probate is governed by Chapter 59 of the Kansas Statutes. The process begins with filing a Petition for Probate of Will (testate) or Petition for Administration (intestate) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Simplified Procedures: Kansas offers a Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding homestead and exempt property). This allows heirs to collect assets without full court administration. There is also a Refusal to Grant Letters procedure for very small estates where assets are needed to pay funeral and last illness expenses.
Fees: Kansas law sets statutory attorney fees for certain services, but fees are often based on "reasonable compensation" factors. Executors are also entitled to reasonable compensation, typically determined by the court based on the complexity of the estate.
This guide provides an informational overview of the Barton County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Barton County District Court
Probate matters in Barton County are handled at the Barton County Courthouse.
Address: 1400 Main St., Room 306, Great Bend, KS 67530
Phone: (620) 793-1863 (District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The District Court is located on the third floor of the historic Barton County Courthouse in downtown Great Bend. The 20th Judicial District also serves Ellsworth, Rice, Russell, and Stafford counties.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $75,000 or less, you may be able to use an affidavit to transfer assets without court administration.
- Refusal to Grant Letters: For estates where assets are less than the statutory allowances for the surviving spouse/children or are needed for funeral/medical expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Barton County District Court. Include:
- Petition for Probate of Will or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $195.00)
- List of heirs and beneficiaries
Kansas courts utilize the Kansas eCourt system for electronic filing, which is mandatory for attorneys and optional for self-represented litigants in many districts.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (or as directed by statute).
- Publish notice in a newspaper of general circulation in Barton County (such as the Great Bend Tribune) for three consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 4 months from the date of the first published notice to file claims.
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and Petition for Final Settlement to close the estate.
Local Requirements
Barton County-Specific Procedures
- E-filing: The 20th Judicial District uses the Kansas eCourt system. Attorneys are required to e-file.
- Local Rules: The 20th Judicial District may have specific local rules regarding hearing schedules and bond requirements. Check with the clerk.
- Publication: Notice is typically published in the Great Bend Tribune.
- Bond: A surety bond is generally required for administrators and executors unless waived in the will or by all heirs/beneficiaries.
Always check with the Clerk of the District Court for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Barton County)
- Petition for Probate: approximately $195.00 (includes docket fee and surcharge)
- Small Estate Affidavit (filing only): approximately $70.50
- Certified copies of Letters: approximately $12.50 per certified copy
- Publication costs: approximately $100-$200 depending on the length of the notice
- Sheriff Service (if needed): approximately $15.00
Fees are subject to change. Verify exact amounts with the court clerk.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The 4-month creditor claim period is a mandatory waiting period that sets the minimum timeline for closing most formal estates.
Local Resources
Barton County Court Resources
- Court Website: bartoncounty.org
- Probate Self-Help: kscourts.gov
- Kansas Probate Forms: Kansas Judicial Council
Legal Aid and Attorney Referrals
- Kansas Bar Association: (785) 234-5696 — ksbar.org
- Kansas Legal Services: (800) 723-6953 — kansaslegalservices.org
Publication
- Great Bend Tribune: (620) 792-1211 — gbtribune.com