Overview
Bourbon County is located in Kansas with a population of approximately 14,424. The Bourbon County District Court (6th 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 or Petition for Administration 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.
Kansas offers a simplified procedure for small estates. If the total value of the estate subject to probate is $75,000 or less, heirs may be able to use a Small Estate Affidavit (officially "Affidavit for Transfer of Certain Personal Property") to transfer assets without full court administration.
Kansas law does not set a mandatory statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Bourbon 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
Bourbon County District Court
Probate matters in Bourbon County are handled at the Bourbon County Courthouse.
Address: 210 S National Ave, Fort Scott, KS 66701
Phone: (620) 223-3800 (Clerk of District Court: 620-223-0780)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The District Court is part of the 6th Judicial District of Kansas. The Clerk's office is responsible for accepting filings and maintaining probate records.
Parking and Access
Free 2-hour parking is generally available on Main Street and around the courthouse square. Security screening is required upon entry; cell phones may be restricted in courtrooms.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the probate estate is valued at $75,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
- Refusal to Grant Letters: For estates where assets are needed to pay funeral/medical expenses or statutory allowances, the court may "refuse" to grant letters, effectively closing the estate quickly.
- 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 of Will or Petition for Administration with the Bourbon County District Court. Include:
- The original Petition (Form 501 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$195.50 for full estates, less for simplified proceedings)
- List of heirs and beneficiaries
Kansas courts mandate electronic filing (e-filing) for attorneys. Self-represented litigants may be able to file in paper, but should check with the Clerk.
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 Bourbon County (e.g., The Fort Scott Tribune) once a week 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:
- Publish notice to creditors (creditors have 4 months to file claims)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Accounting and Petition for Final Settlement to close the estate
Local Requirements
Bourbon County-Specific Procedures
- E-Filing: Attorneys are required to e-file documents via the Kansas Courts e-filing system. Pro se litigants should contact the clerk for specific filing instructions.
- Local Rules: The 6th Judicial District may have specific local rules regarding hearing schedules and guardian ad litem appointments.
- Publication: Notice is typically published in The Fort Scott Tribune.
- Bond: A bond is generally required for administrators unless waived by the will or by all heirs.
Always check with the Clerk of the District Court for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Bourbon County)
- Petition for Probate/Administration: approximately $195.50 (Standard Civil/Probate Docket Fee)
- Determination of Descent: approximately $71.50
- Filing Will & Affidavit: approximately $70.50
- Certified copies of Letters: approximately $10-$15 per copy
- Publication costs: approximately $150-$200 depending on the length of the notice
Note: Fees are subject to change. Contact the Clerk at (620) 223-0780 to verify exact amounts.
Payment Methods
The court typically accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Small Estate Affidavit: Can be used 30 days after death.
- Simplified Administration: 4-6 months.
- Full Probate: 6-12 months (minimum 4-month creditor period).
- Complex or contested estates: 12 months to 2+ years.
The personal representative generally has 9 months to settle the estate, though extensions are frequently granted.
Local Resources
Bourbon County Court Resources
- Court Website: bourboncountyks.org
- Kansas Judicial Branch: kscourts.gov
- Kansas Probate Forms: Kansas Judicial Council
Legal Aid and Attorney Referrals
- Kansas Bar Association: (785) 234-5696 — ksbar.org
- Kansas Legal Services: 1-800-723-6953 — kansaslegalservices.org
Publication
- The Fort Scott Tribune: (620) 223-1460 — Official county newspaper for legal notices.