Overview
Montgomery County is located in Kansas with a population of approximately 30,459. The Montgomery County District Court (14th 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 the Kansas Probate Code (K.S.A. Chapter 59). 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.
Simplified Procedures:
- Small Estate Affidavit: For estates valued at $75,000 or less (excluding homestead), heirs can collect assets without formal probate using a Small Estate Affidavit (K.S.A. 59-1507b).
- Refusal to Grant Letters: The court may refuse to grant letters of administration if the estate's value is not greater than the allowances for the surviving spouse and minor children (K.S.A. 59-2287).
- Simplified Administration: A streamlined process available if the court finds supervision is unnecessary (K.S.A. 59-3201 et seq.).
Fees:
Kansas law requires that attorney and executor fees be "reasonable" (K.S.A. 59-1717). There is no statutory percentage fee schedule; fees are typically based on time, complexity, and the value of services provided.
This guide provides an informational overview of the Montgomery 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
Montgomery County District Court
Probate matters in Montgomery County are handled at the District Court, which has two locations. Check with the clerk to determine the appropriate filing location for your case.
Independence Location:
Address: 300 E Main Street, Suite 201, Independence, KS 67301
Phone: (620) 330-1070
Hours: Monday through Friday, 8:00 AM to 5:00 PM
Coffeyville Location:
Address: 102 W 7th Street, Suite A, Coffeyville, KS 67337
Phone: (620) 251-5090
Hours: Monday through Friday, 8:00 AM to Noon, 1:00 PM to 5:00 PM
The 14th Judicial District serves Montgomery and Chautauqua counties.
Parking and Access
Street parking is generally available around both courthouse locations. Public access is subject to security screening.
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 involvement.
- Refusal to Grant Letters: If the estate is small and covers only statutory allowances/funeral expenses, the court may refuse to grant letters.
- 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 of Will or Petition for Administration with the Montgomery County District Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $195.00)
- List of heirs and beneficiaries with addresses
Kansas courts utilize the Kansas Courts eFiling system. Check with the clerk or a local attorney regarding mandatory e-filing requirements for your case type.
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 Montgomery County (such as the Montgomery County Chronicle) for three consecutive weeks (K.S.A. 59-2209).
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, admits the will to probate and issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Publish notice to creditors (often combined with the notice of hearing). The creditor claim period is 4 months from the date of first publication.
- Inventory and appraise: File an inventory of 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 Petition for Final Settlement to close the estate and discharge the representative.
Local Requirements
Montgomery County-Specific Procedures
- Official Newspaper: The Montgomery County Chronicle is frequently used for legal publications in the county.
- Local Court Rules: The 14th Judicial District may have specific local rules regarding hearing schedules and document formatting.
- Hearings: Probate dockets are typically held on specific days; check with the clerk for the current schedule.
- Bond: A bond is generally required for administrators and executors unless waived in the will or by the court.
Timeline & Fees
Filing Fees (Montgomery County)
- Petition for Probate/Administration: approximately $195.00 (Base fee ~$109.50 + surcharges)
- Determination of Descent: approximately $71.50 (Base fee)
- Small Estate Affidavit: No court filing fee (filed with holder of property), but recording fees may apply if real estate is involved.
- 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 apply).
Estimated Timelines
- Simple estates: 6-9 months (minimum 4-month creditor period + processing time).
- Average estates: 9-12 months.
- Complex or contested estates: 12 months to several years.
The creditor claim period in Kansas is 4 months from the first date of publication.
Local Resources
Montgomery County Court Resources
- Court Website: 14th Judicial District
- Probate Self-Help: Kansas Judicial Council - Probate Forms
- Kansas Bar Association: Probate & Estate Administration
Legal Aid and Attorney Referrals
- Kansas Legal Services: (800) 723-6953 — kansaslegalservices.org
- Kansas Bar Lawyer Referral Service: ksbar.org/?pg=lrs_public
Publication
- Montgomery County Chronicle: (620) 879-2156 — Official county newspaper (2025)
- Independence Daily Reporter: (620) 331-3550