Overview
Stevens County is located in Kansas with a population of approximately 5,250. The Stevens 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. The process begins with filing a Petition for Probate of Will (if there is a will) or a Petition for Administration (if there is no will) 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: Kansas offers a Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding homestead and exempt property). This allows heirs to collect assets without full court administration. There is also a Refusal to Grant Letters procedure for very small estates where assets are needed only to pay funeral and last illness expenses.
Fees: Kansas law sets standard docket fees, but counties may assess additional surcharges. Executors and attorneys are entitled to reasonable compensation, which is subject to court approval.
This guide provides an informational overview of the Stevens 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
Stevens County District Court
Probate matters in Stevens County are handled at the Stevens County Courthouse.
Address: 200 E 6th St, Hugoton, KS 67951
Phone: (620) 544-2484 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The District Court is part of the 26th Judicial District of Kansas. The Clerk of the District Court accepts filings and maintains probate records.
Parking and Access
Public parking is available around the courthouse square. The building is accessible to the public during business hours, with security screening required 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, you may be able to transfer assets via affidavit without court administration.
- Refusal to Grant Letters: For estates where assets do not exceed statutory allowances and funeral/last illness expenses.
- Determination of Descent: A procedure available if more than six months have passed since death and no probate 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 of Will or Petition for Administration with the Stevens County District Court. Include:
- The original Petition
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $131.50 - $193.00)
- List of heirs and beneficiaries
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 Stevens County, such as The Hugoton Hermes, 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 (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
Stevens County-Specific Procedures
- Local Court Rules: The 26th Judicial District may have specific local rules regarding hearing schedules and document formatting. Check with the clerk.
- Publication: Notice must be published in a newspaper of general circulation in Stevens County, typically The Hugoton Hermes, for three consecutive weeks.
- Inventory: Must be filed within 30 days of appointment unless an extension is granted.
- Bond: A surety bond may be required unless waived by the will or by all heirs/beneficiaries.
Timeline & Fees
Filing Fees (Stevens County)
- Probate of Will / Administration: approximately $131.50 - $193.00
- Determination of Descent: approximately $71.50 - $125.00
- Small Estate Affidavit: No court fee if not filed; nominal fee if filed.
- Publication costs: approximately $100 - $200 depending on the length of the notice.
- Certified copies of Letters: approximately $10 - $15 per copy.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a processing fee — confirm with the clerk before visiting.
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
Stevens County Court Resources
- Court Website: kscourts.gov
- Probate Self-Help: Kansas Judicial Council Forms
- Kansas Bar Association: ksbar.org
Legal Aid and Attorney Referrals
- Kansas Bar Lawyer Referral Service: (800) 928-3111 — ksbar.org/?pg=lrs_public
- Kansas Legal Services: (800) 723-6953 — kansaslegalservices.org
Publication
- The Hugoton Hermes: (620) 544-4321 — Newspaper of general circulation for legal notices.