Overview
Chase County is located in Kansas with a population of approximately 2,507. The Chase County District Court (5th 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 Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding homestead and exempt property), which allows heirs to collect assets without full probate administration.
Kansas does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Chase 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
Chase County District Court
Probate matters in Chase County are handled at the Chase County Courthouse.
Address: 300 Pearl St, PO Box 529, Cottonwood Falls, KS 66845
Phone: (620) 273-6319 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chase County Courthouse is the oldest functioning courthouse in Kansas, built in 1873 from native limestone. The District Court Clerk's office is located on the second floor.
Parking and Access
Free street parking is available around the courthouse square. The building is equipped with an elevator for accessibility.
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 (excluding homestead), you may be able to use an affidavit to transfer assets.
- Transfer on Death (TOD): Real estate or vehicles with a TOD beneficiary designation pass directly to the beneficiary.
- 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 Chase 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 Courts eFiling system, though pro se litigants may often file in paper.
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 (timelines may vary by specific procedure).
- Publish notice in a newspaper of general circulation in Chase County, such as the Chase County Leader-News, 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:
- Notify creditors (creditors have 4 months from the first date of publication to file claims)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Chase County-Specific Procedures
- E-filing: Attorneys are generally required to e-file through the Kansas Courts eFiling system. Self-represented litigants should check with the Clerk for paper filing options.
- Bond requirements: A bond is typically required unless waived by the will or by all heirs/beneficiaries.
- Local court rules: The 5th Judicial District (covering Chase and Lyon counties) may have specific local rules regarding scheduling and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Chase County, typically the Chase County Leader-News, for three consecutive weeks.
Always verify specific judge's requirements with the court clerk.
Timeline & Fees
Filing Fees (Chase 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-$15 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months from the date of first publication to file claims, which sets a minimum duration for the process.
Local Resources
Chase County Court Resources
- Court Website: chasecountyks.com
- Probate Self-Help: self-help.kscourts.gov
- Kansas Probate Forms: kansasjudicialcouncil.org
Legal Aid and Attorney Referrals
- Kansas Bar Association: (785) 234-5696 — Lawyer Referral Service
- Kansas Legal Services: (800) 723-6953 — Legal aid for qualifying individuals
- Kansas Judicial Branch Self-Help: self-help.kscourts.gov
Publication
- Chase County Leader-News: (620) 273-6311 — Official county newspaper