Overview
Marshall County is located in Kansas with a population of approximately 10,000. The Marshall County District Court (22nd 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 and Issuance of Letters Testamentary (for testate estates) or a Petition for Administration (for intestate estates) to admit the will and appoint a personal representative. The court then issues Letters Testamentary or Letters of Administration.
Kansas offers a Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding homestead and exempt property), provided there is no real estate involved. There is also a Refusal to Grant Letters procedure for certain small estates where assets are needed to pay funeral/last sickness expenses or statutory allowances.
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 Marshall 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
Marshall County District Court
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 1201 Broadway, Marysville, KS 66508 (Mailing: PO Box 149)
Phone: 785-562-5301 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The District Court Clerk's office is located within the county courthouse. The court is part of the 22nd Judicial District of Kansas.
Parking and Access
Public parking is generally available around the courthouse square in Marysville. Security screening may be required upon entry.
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, you may be able to transfer assets via affidavit.
- Refusal to Grant Letters: Available if the estate's assets are not sufficient to cover statutory allowances and funeral expenses.
- Determination of Descent: A simplified procedure available if more than six months have passed since death and no administration has been commenced.
- 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 Marshall 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 eCourt system (Odyssey) for electronic filing, which is mandatory for attorneys.
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 Marshall County (such as the Marshall County News or The Marysville Advocate) for three consecutive weeks if required by the specific procedure.
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:
- Publish notice to 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 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
Marshall County-Specific Procedures
- E-filing: Attorneys are generally required to file documents electronically via the Kansas Courts e-filing system.
- Bond requirements: A bond is typically required for administrators unless waived by the will or by all heirs/beneficiaries.
- Local court rules: The 22nd Judicial District may have specific local rules regarding scheduling and document formatting.
- Publication: Notice is typically published in The Marysville Advocate or Marshall County News.
Always check with the Clerk of the District Court for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Marshall 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 $12.50 - $15.00
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply). Checks should be made payable to "Clerk of the District Court."
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 4 months from the first publication of notice to file claims, which sets a minimum duration for most formal administrations.
Local Resources
Marshall County Court Resources
- Court Website: https://www.kscourts.gov
- Probate Self-Help: https://self-help.kscourts.gov
- Kansas Probate Forms: https://www.kjc.ks.gov
Legal Aid and Attorney Referrals
- Kansas Bar Association: 785-234-5696 — https://www.ksbar.org
- Kansas Legal Services: 1-800-723-6953 — https://www.kansaslegalservices.org
Publication
- The Marysville Advocate: 785-562-2317 — Newspaper of general circulation
- Marshall County News: 785-562-2317