Overview
Butler County is located in Kansas with a population of approximately 69,158. The Butler County District Court (13th 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.
Simplified Procedures: Kansas offers a Small Estate Affidavit for estates valued at $75,000 or less (effective July 1, 2023). This procedure allows heirs to collect personal property without full court administration. There is also a Refusal to Grant Letters procedure for certain small estates where assets are needed for family allowance or funeral expenses.
Fees: Kansas law sets statutory docket fees for probate filings. Attorneys typically charge hourly rates or a percentage of the estate value, subject to court approval for reasonableness.
This guide provides an informational overview of the Butler 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
Butler County District Court
Probate matters in Butler County are handled at the Butler County Judicial Center.
Address: 201 W Pine, Suite 101, El Dorado, KS 67042
Phone: (316) 322-4358 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of the District Court is located on the first floor. The court serves the 13th Judicial District, which also includes Greenwood and Elk counties.
Parking and Access
Street parking is available around the courthouse square and in nearby public lots. 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 transfer personal property by affidavit without court involvement.
- Refusal to Grant Letters: Available if the estate's assets are limited to statutory allowances for the surviving spouse/minor children or funeral 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 of Will or Petition for Administration with the Butler County District Court. Include:
- The original Petition
- The original Will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $195.00)
- List of heirs and beneficiaries
Kansas courts utilize e-filing for attorneys; pro se litigants may file in paper at the Clerk's office.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties as required by statute (typically at least 10 days before the hearing).
- Publish notice in a newspaper of general circulation in Butler County, such as the Butler County Times-Gazette, 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 (Kansas has a 4-month creditor claim period after publication)
- 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
Butler County-Specific Procedures
- E-filing: Attorneys are generally required to e-file documents. Self-represented litigants may file paper documents at the Clerk's office.
- Local Court Rules: The 13th Judicial District has specific local rules regarding probate practice; check with the Clerk or local bar resources.
- Publication: Notice is typically published in the Butler County Times-Gazette or another approved county newspaper.
- Hearings: Probate hearings are generally held in El Dorado. Check your specific notice for the courtroom assignment.
Timeline & Fees
Filing Fees (Butler County)
- Petition for Probate/Administration: approximately $195.00
- Determination of Descent: approximately $71.50
- Filing Will & Affidavit: approximately $70.50
- Certified copies of Letters: approximately $10.00 - $15.00 per copy
- Publication costs: approximately $100 - $200 depending on the length of the notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee). Checks should be made payable to "Clerk of the District Court."
Estimated Timelines
- Simple estates: 6-9 months (minimum 4-month creditor period required)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
Kansas law generally requires a will to be filed for probate within 6 months of the decedent's death.
Local Resources
Butler County Court Resources
- Court Website: 13th Judicial District
- Probate Self-Help: Kansas Judicial Council
- Kansas Probate Forms: Kansas Judicial Council Forms
Legal Aid and Attorney Referrals
- Kansas Bar Association: (785) 234-5696 — ksbar.org
- Kansas Legal Services: (316) 265-9681 — kansaslegalservices.org
Publication
- Butler County Times-Gazette: (316) 321-1120 — Official newspaper for legal notices