A Neodesha general practice founded in 1953, with most of its clients in Wilson, Allen, Labette, Montgomery, and Neosho counties. Attorneys Doug Depew and Philip Depew handle probate and trust matters, most guardianship and conservatorship cases, and wills, trusts, and powers of attorney alongside a long-standing bankruptcy practice.
What to Do When Someone Dies in Montgomery County, Kansas
How probate works in Montgomery County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Montgomery County District Court
Montgomery County · 14th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM
Office
300 East Main Street, Suite 201, Independence, KS 67301
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.
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, and a card payment carries a 4% convenience fee. 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
- 300 E Main St, Suite 201, Independence1-620-330-1070 · Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PMThe self-help center at the Independence courthouse is not staffed and has computers, a printer and paper court forms. The Coffeyville courthouse has a second one with a laptop, a printer and paper forms, at 102 W 7th St, keeping the same hours.
Fax
1-620-331-6120
Departments
- Coffeyville office1-620-251-1060 · 102 West 7th Street, 3rd Floor, Suite A, Coffeyville, KS 67337 · Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PMThe clerk of the district court also keeps an office in the Coffeyville courthouse.
Verified October 15, 2026 · Source
How Probate Works in Montgomery 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 Montgomery County, probate runs through the District Court at 300 East Main Street, Suite 201, Independence. The court sits in the 14th Judicial District. Montgomery County shares the 14th Judicial District with Chautauqua.
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 Montgomery County
What probate costs in Montgomery 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 300 East Main Street, Suite 201, Independence. The court is part of the 14th 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 Montgomery County, Kansas are filed at the District Court. The court sits in the 14th Judicial District.
Beside the filing office, the court lists a separate line for Coffeyville office.
The self-help center at the Independence courthouse is not staffed and has computers, a printer and paper court forms. The Coffeyville courthouse has a second one with a laptop, a printer and paper forms, at 102 W 7th St, keeping the same hours.
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 Montgomery 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 Montgomery County
In Montgomery 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
Montgomery 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
Montgomery County · 14th Judicial District
Serves this county
District Coroner (14th Judicial District)
Published contact
None published by the county. The office is created by K.S.A. 22a-226(a), (b).
Verified November 4, 2026 · Source
Transferring Property in Montgomery 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 Montgomery County are recorded with the Register of Deeds at 217 East Myrtle Street, 2nd Floor, Independence, KS 67301. Phone: 1-620-330-1140. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 647, Independence, KS 67301.
The Register of Deeds charges $21 for the first page plus $17 for each additional page.
Recording Office Record
Register of Deeds
Montgomery County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
217 East Myrtle Street, 2nd Floor, Independence, KS 67301
P.O. Box 647
Independence, KS 67301
Fax
1-620-330-1144
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 Montgomery 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 Montgomery 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.
Emert Chubb is an Independence law firm serving Montgomery County and the surrounding southeast Kansas communities, with Timothy Emert and Jeffrey Chubb as its attorneys. The firm prepares wills and trusts and handles probate alongside real estate closings, business law, family law and civil litigation.
Locally owned Coffeyville firm, providing legal services since 1941 and serving Southeast Kansas, whose attorneys are Douglas G. Ott, M. Doug Bell and Paul M. Kritz. Handles probate and trust administration alongside wills, living wills, trusts, guardianships and powers of attorney. The firm offers free consultations.
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.
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.
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.
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)
- Montgomery County District Court, official page
- Montgomery County Register of Deeds, official page
- Montgomery 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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