Overview
Greenwood County is located in Kansas with a population of approximately 5,871. The Greenwood 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 K.S.A. Chapter 59. 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 simplified procedure for small estates. If the total value of the estate (less liens and encumbrances) does not exceed $75,000, successors may file a Small Estate Affidavit (K.S.A. 59-1507b) to transfer personal property 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 are typically entitled to reasonable compensation for their services.
This guide provides an informational overview of the Greenwood 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
Greenwood County District Court
Probate matters in Greenwood County are handled at the Greenwood County Courthouse.
Address: 311 N Main, Eureka, KS 67045
Phone: (620) 583-8153 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM (Central Time). The office is closed from 1:30 PM to 2:30 PM each Thursday for a district-wide staff meeting.
The District Court is part of the 13th Judicial District of Kansas. The Clerk of the District Court's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Free street parking is generally available around the courthouse square on Main Street and adjacent streets. The building is accessible to the public during business hours.
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 a Small Estate Affidavit to transfer assets without court administration.
- Refusal to Grant Letters: For certain small estates where assets are needed for spousal or child support, the court may refuse to grant letters of administration.
- 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 Greenwood County District Court. Include:
- Petition for Probate of Will or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$170–$195)
- List of heirs and beneficiaries
Kansas courts utilize e-filing for attorneys; pro se litigants may file in paper or register for e-filing access.
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 Greenwood County (e.g., The Eureka Herald) for three consecutive weeks if required by the court.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the date of first publication 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 and discharge
Local Requirements
Greenwood County-Specific Procedures
- E-filing: Attorneys are required to e-file. Self-represented litigants may file paper documents at the Clerk's office.
- Bond requirements: A bond is typically required unless waived by the will or by all heirs/beneficiaries and approved by the court.
- Local court rules: The 13th Judicial District may have specific local rules regarding hearing schedules and document formatting. Check with the Clerk.
- Publication: Notice is typically published in The Eureka Herald, the official county newspaper.
Always verify specific judge's requirements for proposed orders and hearing dates.
Timeline & Fees
Filing Fees (Greenwood County)
- Petition for Probate/Administration: approximately $170–$195
- Small Estate Affidavit: No court filing fee if used out of court; nominal fee if filed.
- Certified copies of Letters: approximately $10–$15 per copy
- Publication costs: approximately $100–$200 depending on the length of the notice
- Determination of Descent: approximately $71.50
Fees are subject to change. Contact the Clerk of Court at (620) 583-8153 for the most current fee schedule.
Payment Methods
The court typically 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
The creditor claim period in Kansas is 4 months from the first date of publication, which sets a minimum duration for formal probate.
Local Resources
Greenwood County Court Resources
- Court Website: 13th Judicial District
- Probate Self-Help: Kansas Judicial Council Self-Help
- Kansas Probate Forms: Kansas Judicial Council Forms
Legal Aid and Attorney Referrals
- Kansas Bar Association: (785) 234-5696 — ksbar.org
- Kansas Legal Services: 1-800-723-6953 — kansaslegalservices.org
Publication
- The Eureka Herald: (620) 583-5121 — Official county newspaper for legal notices.