Overview
Coffey County is located in Kansas with a population of approximately 8,300. The Coffey County District Court 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 Annotated. 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.
Kansas offers a Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding homestead real estate), provided there are no debts or the debts are paid. This allows heirs to collect assets without full probate administration.
Kansas law does not set a mandatory statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval. Executors may be entitled to compensation for their time and expenses.
This guide provides an informational overview of the Coffey 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
Coffey County District Court
Probate matters in Coffey County are handled at the Coffey County Courthouse.
Address: 110 S. 6th Street, Suite 102, Burlington, KS 66839
Phone: (620) 364-8628 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The District Court is located on the main floor of the historic courthouse in downtown Burlington. The Clerk's office handles all probate filings and records.
Parking and Access
Free street parking is available around the courthouse square. The building is accessible to the public, 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 and includes no real estate (other than homestead), you may be able to use an affidavit to transfer assets.
- Refusal to Grant Letters: A simplified procedure available if the estate's value is less than the statutory allowances for the surviving spouse and minor children.
- 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 Coffey County District Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Appointment of Personal Representative
- Filing fee (approximately $195.50)
- List of heirs and beneficiaries
Kansas courts require electronic filing (e-filing) for attorneys. Self-represented litigants may file paper documents 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 at least 10 days before the hearing (or as required by statute).
- Publish notice in a newspaper of general circulation in Coffey County, such as The Coffey County Republican, 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 and allow for the 4-month creditor claim period.
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and estate taxes.
- Distribute assets to beneficiaries according to the will or state law.
- File a Final Accounting and Petition for Final Settlement to close the estate.
Local Requirements
Coffey County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Pro se litigants may file in person.
- Bond requirements: A bond is typically required for administrators unless waived in the will or by all heirs.
- Local court rules: The 4th Judicial District may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice is typically published in The Coffey County Republican.
Always check with the Clerk of the District Court for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Coffey County)
- Petition for Probate: approximately $195.50 (Standard Docket Fee)
- Small Estate Affidavit: No court fee if not filed; nominal fee if filed for record.
- Certified copies of Letters: approximately $12.50 per copy
- Publication costs: approximately $150-$200 depending on the length of the notice
- Determination of Descent: approximately $195.50
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): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The timeline is heavily influenced by the mandatory 4-month creditor claim period which begins after the first publication of notice.
Local Resources
Coffey County Court Resources
- Court Website: franklincoks.org
- Probate Self-Help: self-help.kscourts.gov
- Kansas Probate Forms: kjc.ks.gov
Legal Aid and Attorney Referrals
- Kansas Bar Association: (785) 234-5696 — Lawyer Referral Service
- Kansas Legal Services: (800) 723-6953 — Legal aid for eligible low-income residents
- State Bar Lawyer Referral: ksbar.org
Publication
- The Coffey County Republican: (620) 364-5315 — Official county newspaper for legal notices