What to Do When Someone Dies in Bourbon County, Kansas

How probate works in Bourbon County: the District Court record, what the process costs, and how to file there.

Probate Court Record

Bourbon County District Court

Bourbon County · 6th Judicial District

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

210 South National Avenue, Fort Scott, KS 66701

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysKansas-licensed attorneys must file every document electronically through Kansas Courts eFiling. Self-represented filers file paper documents and do not register for an eFiling account.

Self-represented filing

AllowedSelf-represented filers may file in person at the clerk's office, by mail, by fax or in the court drop box. A filing left in the drop box by 4:00 p.m. is filed that day.

Accepted payment

  • At the counterCash, Check, Money order, Credit card, Debit card.At the counter the clerk takes cash, checks, money orders and credit or debit cards. Filings sent by mail or left in the drop box are paid by check or money order, and fax filings by credit or debit card.

Self-help center

  • Bourbon County Courthouse, 2nd Floor, 210 S National Ave, Fort Scott1-620-223-0780 · Tuesday 9:00 AM-noon and 1:00 PM-4:00 PMThe self-help center has legal forms, child support worksheet software and a private meeting space. A virtual Legal Aid day runs from the center on the first Tuesday of each month. Outside its hours, check in at the district court office.

Verified October 15, 2026 · Source

How Probate Works in Bourbon County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Bourbon County, probate runs through the District Court at 210 South National Avenue, Fort Scott. The court sits in the 6th Judicial District. Bourbon County shares the 6th Judicial District with Linn and Miami.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Kansas intestacy law when there is no will.

Most Kansas estates take 9 months to 15 months to move through this process. Creditors have 4 monthsK.S.A. 59-2239, 59-2236, 59-709, 59-1301Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Bourbon County

What probate costs in Bourbon County, Kansas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 210 South National Avenue, Fort Scott. The court is part of the 6th Judicial District.

Kansas charges $132K.S.A. 59-104(a)(1)-(2), as amended by L. 2026, ch. 35, § 16; L. 2025, ch. 117, § 56(d) (FY 2026)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Kansas are negotiated, typically 1.8%Modeled estimate under K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Kansas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payK.S.A. 59-1717 (fiduciary compensation "just and reasonable"; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Kansas requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under K.S.A. 59-1101 (bond required, amount not less than 125% of personal property plus probable annual income from real estate); K.S.A. 59-1104 (bond waiver grounds)Verified Sep 8, 2026View source of estate value annually.

Probate in Kansas typically runs 9 months to 15 months, and costs accrue throughout that period.

How to File Probate at the District Court

Probate cases in Bourbon County, Kansas are filed at the District Court. The court sits in the 6th Judicial District.

The self-help center has legal forms, child support worksheet software and a private meeting space. A virtual Legal Aid day runs from the center on the first Tuesday of each month. Outside its hours, check in at the district court office.

Can You File Without an Attorney?

Kansas has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableK.S.A. 59-3202; K.S.A. 59-3304 (both alternative tracks require a court petition and hearing; no registrar/clerk appointment in Kansas)Verified Sep 8, 2026View source.

For a full cost comparison and filing checklist, see the Bourbon County Self-Filing Assessment.

Bourbon County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Court Appearances

Hearings by Zoom and an alternate location while the courthouse elevator is rebuilt

From October 21 through November 20, 2026, the court space in the courthouse is closed to the public and hearings are held by Zoom unless the judge orders otherwise. Court users go to 108 W. 2nd Street, Fort Scott, which has court-provided equipment for virtual hearings and public viewing rooms.

Source

What to Bring

Filed with the opening petition at the District Court: Original will and any codicils — K.S.A. 59-2220: "The will shall accompany the petition if it can be produced." A petition to probate a lost or destroyed will "shall contain a statement of the provisions of the will"; Surviving spouse's consent to the will, if one was executed — K.S.A. 59-2220: the petition "may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced"K.S.A. 59-701 (letters testamentary); 59-705 (to whom administration granted); 59-2219 (petition for administration); 59-2220 (petition for probate of will); 59-2227 (granting of letters); 59-2232 (hearing for administration); 59-3201 to 59-3206 (Kansas Simplified Estates Act)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Bourbon County

In Bourbon County certified copies of the death certificate come from Kansas Department of Health and Environment - Office of Vital Statistics.

Vital Records Office Record

Kansas Department of Health and Environment - Office of Vital Statistics

Bourbon County · State vital records office

Hours

Monday-Friday 9:00 AM-4:00 PM (except holidays)

Office

Curtis State Office Building, 1000 Southwest Jackson, Suite 120, Topeka, KS 66612-2221

Certified copies

From Kansas Department of Health and Environment - Office of Vital Statistics

Mail

Office of Vital Statistics Curtis State Office Building 1000 Southwest Jackson Suite 120 Topeka, KS 66612-2221

Phone

1-785-296-1400Monday-Friday 8:00 AM-5:00 PM (except holidays)

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Bourbon County · 6th Judicial District

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

2000 Merriam Lane, Kansas City, KS 66106

Serves this county

Forensic Medical of Kansas City & Topeka (6th Judicial District)

Mail and offices

Topeka office

Verified November 4, 2026 · Source

Transferring Property in Bourbon County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.

Deeds and other real property documents for Bourbon County are recorded with the Register of Deeds at 210 South National Avenue, Suite 14, Fort Scott, KS 66701. Phone: 1-620-223-3800 ext. 106. Hours: Monday-Friday 8:30 AM-4:30 PM.

The Register of Deeds charges $21 for the first page plus $17 for each additional page.

Bourbon County accepts electronic recording through Simplifile and CSC.

Recording Office Record

Register of Deeds

Bourbon County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

210 South National Avenue, Suite 14, Fort Scott, KS 66701

Recording fees

Base fee (first page)$21
Each additional page$17
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

K.S.A. 28-115(a)(5), (b), (i)

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Bourbon County

Kansas allows independent administrationK.S.A. 59-3201 through 59-3206 (Kansas Simplified Estates Act); K.S.A. 59-3205 (no court supervision after letters); K.S.A. 59-3204(b) (claims and personal-property sales)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Kansas are based on reasonable compensation, billed hourly or as a flat fee. Ask a Bourbon County firm to quote a structure up front.

A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Parsons firm founded in 2012 that appears in the Labette, Neosho, Montgomery, Allen, Wilson and Cherokee county courts. Guides executors through Kansas probate, from filing the will through inventories, creditor claims, court accountings and final distribution, including estates with a farm or business. Also handles wills, living trusts, Medicaid planning and guardianships.

Since 2012Serves 12 countiesEstate PlanningProbateElder LawConservatorshipGuardianship+3

Serves Southeast Kansas, including Fort Scott, Columbus, Independence, and Chanute, from offices in Pittsburg and Parsons. Handles probate administration and contested-will litigation for families settling an estate, along with trust creation and estate planning. Kyle Fleming, with an accounting background, has practiced in Pittsburg since 2000; Meghan McEvoy also practices with the firm.

Serves 6 countiesEstate PlanningProbateProbate LitigationAsset ProtectionWills Trusts

Fort Scott practice founded in 1992 by Zackery E. Reynolds, a former Kansas Bar Association president, serving Bourbon County and clients across Eastern Kansas and Southwest Missouri. Advises executors, administrators and trustees through Kansas probate and trust administration, and represents beneficiaries and accused fiduciaries in will and trust disputes.

Solo PracticeSince 1992Serves 1 countyFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust LitigationWills Trusts

Adams Jones handles estate planning and probate from its Wichita office and a satellite office in El Dorado, and its attorneys appear in court throughout Kansas. The estates group prepares wills, trusts, special needs trusts and transfer-on-death documents and federal estate and gift tax returns. Founded in 1939, the firm is the Kansas member of the Meritas alliance.

Since 1939Serves the whole stateEstate PlanningProbateTax PlanningSpecial Needs PlanningBusiness SuccessionWills Trusts

A twelve-attorney Salina firm, with a satellite office in Lindsborg, practicing in Salina since 1946. Guides families through Kansas probate, including informal administrations and determinations of descent, and handles trust administrations, trust modification and termination, and guardianships and conservatorships. Also does wills, trusts, and Medicaid planning.

Since 1946Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawTax Planning+6

Davis & McCann is a Dodge City estate planning firm serving Western Kansas, with a by-appointment office in Cimarron. Its attorneys handle probate and trust administration, estate planning, Medicaid and long-term care planning, special needs planning, and farm and small-business succession planning. The firm opened in 2003 as Tamara L. Davis, P.A. and is a member of Wealth Counsel.

Since 2003Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+4

See all 17 firms serving Bourbon County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

Legal Sources

(10)·

Data sourced from Kansas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Kansas

Free tools for settling an estate in Kansas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Kansas.

How Do I Settle an Estate?

Settling an estate in Kansas: the personal representative files the estate inventory within 30 daysK.S.A. 59-1201, 59-1202, 59-1203Verified Sep 15, 2026View source of appointment; creditors have 4 monthsK.S.A. 59-2239, 59-2236, 59-709, 59-1301Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Kansas happens outside court: the trustee acts under the state's Uniform Trust CodeK.S.A. 58a-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysK.S.A. 58a-813, 58a-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Kansas has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableK.S.A. 59-3202; K.S.A. 59-3304 (both alternative tracks require a court petition and hearing; no registrar/clerk appointment in Kansas)Verified Sep 8, 2026View source.

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