Lawrence practice serving Douglas County, Ottawa, Baldwin City and Jefferson County, including Oskaloosa and Perry. Scott Stockwell takes executors through probate from the petition to the inventory, debts and distribution, handles will contests, and drafts wills, trusts, deeds and medical directives. He founded the firm in 1991, and the probate page offers a free initial consultation.
What to Do When Someone Dies in Franklin County, Kansas
How probate works in Franklin County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Franklin County District Court
Franklin County · 4th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM
Office
301 South Main Street, Ottawa, KS 66067
Website
E-filing
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. Every self-represented filing carries the Self-Represented Litigant Certification form, linked from the 4th Judicial District's self-help page.
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
- Franklin County Courthouse, 301 S Main Street, Ottawa, KS 660671-785-242-6000 · Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PMThe help center is not staffed and has paper court forms, a computer and printer, a phone line to the Kansas Legal Services Access to Justice Advice Line and community resource guides. A Kansas Legal Services attorney is there on the third Tuesday of each month from 9:30 a.m. to 4:00 p.m., and applications are on the resource wall in the courthouse.
County forms
- Self-Represented Litigant Certification Form (OJA 218)Filed with every document a self-represented litigant submits.
Fax
1-785-242-5970
Verified October 15, 2026 · Source
How Probate Works in Franklin 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 Franklin County, probate runs through the District Court at 301 South Main Street, Ottawa. The court sits in the 4th Judicial District. Franklin County shares the 4th Judicial District with Anderson, Coffey and Osage.
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 Franklin County
What probate costs in Franklin 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 301 South Main Street, Ottawa. The court is part of the 4th 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 Franklin County, Kansas are filed at the District Court. The court sits in the 4th Judicial District.
The help center is not staffed and has paper court forms, a computer and printer, a phone line to the Kansas Legal Services Access to Justice Advice Line and community resource guides. A Kansas Legal Services attorney is there on the third Tuesday of each month from 9:30 a.m. to 4:00 p.m., and applications are on the resource wall in the courthouse.
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 Franklin County Self-Filing Assessment.
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 Franklin County
In Franklin 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
Franklin County · State vital records office
Phone
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
Website
Certified copies
From Kansas Department of Health and Environment - Office of Vital Statistics
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)
Certified copy fees
| First certified copy | $20 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Franklin County · 4th Judicial District
Phone
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 (4th Judicial District)
Mail and offices
Topeka office
Verified November 3, 2026 · Source
Transferring Property in Franklin 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 Franklin County are recorded with the Register of Deeds at 315 South Main Street, Ottawa, KS 66067. Phone: 1-785-229-3440. Hours: Monday-Friday 8:00 AM-4:30 PM.
The Register of Deeds charges $21 for the first page plus $17 for each additional page.
Franklin County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Register of Deeds
Franklin County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
315 South Main Street, Ottawa, KS 66067
E-recording
Fax
1-785-229-3441
Recording fees
| Base fee (first page) | $21 |
| Each additional page | $17 |
| Transfer tax on a TOD deed | No 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
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Franklin 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 Franklin 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.
Ottawa firm founded in 1947, with its office near the Franklin County courthouse. Handles probate, spouse's rights, wills, trusts, conservatorships, elder law and Medicaid planning, alongside its energy, litigation and mediation work. One of its five attorneys served 23 years as a District Judge for the Fourth Judicial District, including the probate division.
Downtown Ottawa firm founded in 1870 that appears in the Franklin County District Court and the district courts of nine neighboring counties, from Johnson and Douglas to Coffey, Allen and Linn. Laura Rhea and Brittni Winter handle probate and estate planning, and the firm also lists elder law and tax and estate planning among its services.
Garnett general practice that has served East Central Kansas since 1985, appearing in Allen, Anderson, Coffey, Franklin, Linn and Miami counties. William Walker handles probate and estate planning alongside real estate, business and litigation work, and the first consultation is free for clients who do not retain him.
Two-office firm in Burlington for Coffey County and Lyndon for Osage County. It handles estate planning alongside criminal defense, DUI and family law, with Michael Coffman registered at the Lyndon office and James Campbell at the Burlington office.
Established in 1919, Foulston Siefkin runs an Estate Planning and Probate group from its Wichita, Topeka and Overland Park offices. The group administers large estates and trusts, represents fiduciaries, beneficiaries, guardians and conservators, and litigates will contests and trust construction suits. It also plans farm and closely held business succession.
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)·
- K.S.A. 59-104(a)(1)-(2), as amended by L. 2026, ch. 35, § 16; L. 2025, ch. 117, § 56(d) (FY 2026)
- K.S.A. 59-1717 (fiduciary compensation "just and reasonable"; no statutory percentage)
- K.S.A. 59-2239, 59-2236, 59-709, 59-1301
- K.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)
- K.S.A. 59-3202; K.S.A. 59-3304 (both alternative tracks require a court petition and hearing; no registrar/clerk appointment in Kansas)
- 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)
- K.S.A. 28-115(a)(5), (b), (i)
- Franklin County District Court, official page
- Franklin County Register of Deeds, official page
- Franklin County vital records and death investigation offices, official page
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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