Overview
Johnson County is located in Kansas with a population of approximately 632,276. The Johnson County District Court, Probate Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Kansas probate is governed by Kansas Statutes Chapter 59. The process begins with filing a Petition for Probate of Will or Petition for Administration (KJC Form 500 series) 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 known as the Small Estate Affidavit for estates valued at $75,000 or less. This allows heirs to collect assets without full probate administration. There is also a "Refusal to Grant Letters" procedure for estates where assets are needed for funeral expenses or family allowances.
Kansas law allows for "reasonable" compensation for executors and attorneys; there is no fixed statutory percentage schedule. Fees are subject to court approval based on the complexity of the estate.
This guide provides an informational overview of the Johnson 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
Johnson County District Court, Probate Division
Probate matters in Johnson County are handled at the Johnson County Courthouse.
Address: 150 W. Santa Fe St, Olathe, KS 66061
Phone: (913) 715-3300
Clerk's Office Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:30 PM (closed for lunch)
The Probate Division is typically located on the 2nd floor of the courthouse. The court handles wills, estates, guardianships, and conservatorships.
Parking and Access
Public parking is available in the parking garage located to the east of the courthouse and in designated street parking areas. All visitors must pass through security screening upon entering the building.
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 assets via affidavit without court administration.
- Refusal to Grant Letters: Available if the estate's assets are limited and needed for funeral bills or family allowance.
- 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 (KJC Form 500 Series) with the Johnson County District Court. Include:
- Original Will (if applicable)
- Petition for Probate
- Certified Death Certificate
- Filing fee (approximately $131.50)
- List of heirs and beneficiaries
E-filing is mandatory for attorneys and available for self-represented litigants via the Kansas Courts eFiling system.
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
- Publish notice in a newspaper of general circulation in Johnson County (e.g., The Legal Record) for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 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)
- Inventory and appraise all estate assets within 30 days
- 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
Johnson County-Specific Procedures
- E-Filing: Mandatory for attorneys; available for pro se litigants through the state system.
- Local Court Rules: Consult 10th Judicial District Local Rules for specific probate procedures and hearing schedules.
- Guardian Ad Litem: The court may appoint a Guardian Ad Litem to represent the interests of minor or incapacitated heirs.
- Publication: Notice must be published in a newspaper of general circulation in Johnson County for three consecutive weeks.
Always check with the Probate Department for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Johnson County)
- Petition for Probate/Administration: approximately $131.50
- Small Estate Affidavit: approximately $70.50 (if filed)
- Certified copies of Letters: approximately $12.50 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Sheriff service fees: may apply if personal service is required
Kansas law allows for "reasonable" compensation for executors and attorneys; there is no fixed percentage schedule.
Payment Methods
The court accepts credit cards (with convenience fee), checks, or money orders.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 4-month creditor claim period is a mandatory minimum wait time before the estate can be fully closed.
Local Resources
Johnson County Court Resources
- Court Website: courts.jocogov.org
- Probate Self-Help: Kansas Judicial Council Probate Forms
- Kansas Judicial Council Forms: Probate Forms
Legal Aid and Attorney Referrals
- Johnson County Bar Association: (913) 544-1130 — Lawyer Referral Service
- Kansas Legal Services: (913) 621-0200 — Legal aid for qualifying residents
- Kansas Bar Association Lawyer Referral: ksbar.org
Publication
- The Legal Record: (913) 780-5790 — Official county legal newspaper
- Johnson County Post: (913) 951-8463 — Local news and legal notices