Probate in Montgomery County runs through the District Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Montgomery County, settling their estate runs through the District Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Montgomery County · 14th Judicial District
Address
Phone
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Hours
Departments
Verified July 3, 2026 · Source
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 E Main St, 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. The 4 monthsK.S.A. 59-2239Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 E Main St, Suite 201, Independence. The court is part of the 14th Judicial District.
Probate matters are handled through Coffeyville Branch and Sedan Branch. Filing and payment go through these offices, not the main clerk window.
Montgomery County runs a probate self-help center, which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case.
Kansas charges $132K.S.A. 59-104(a)(1)-(2), as amended by L. 2026, ch. 35, § 16Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the District Court (https://kscourts.gov/eCourt/Kansas-Courts-eFiling). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Kansas are negotiated, typically 1.8%K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage)Verified Sep 8, 2026View source to 2.9%K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Kansas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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.
If you're handling probate yourself in Montgomery County, Kansas, you can file at the District Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 14th Judicial District.
Filings here are routed through Coffeyville Branch and Sedan Branch. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Montgomery County, families handling probate themselves are exempt and can file on paper.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic. Montgomery County has a self-help center that assists people filing without an attorney.
For a full cost comparison and filing checklist, see the Montgomery County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Self-represented litigants exempt from e-filing
The Kansas eFlex e-filing system is only available to licensed attorneys. Pro se filers must use traditional paper filing methods.
SourceMultiple court locations available
The 14th Judicial District has three court locations: Independence (main, 300 E Main St), Coffeyville (102 W 7th St), and Sedan (215 N Chautauqua). Verify which location handles your specific filing.
SourceTo file at the District Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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, led by Marilyn Calhoun, at 217 E. Myrtle St., 2nd Floor, Independence, KS 67301. Phone: 620-330-1140. Hours: Mon-Fri 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
Montgomery County · Marilyn Calhoun
Address
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Recording fees
| Base fee (first page) | $21 |
| Each additional page | $17 |
| Transfer tax on a TOD deed | Exempt |
K.S.A. 28-115(a)(5), (b), (i)
Verified September 4, 2026 · Source
Kansas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Montgomery County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Kansas are based on reasonable compensation — typically 1.8%K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage)Verified Sep 8, 2026View source to 2.9%K.S.A. 59-1717 (fiduciary and attorney compensation "just and reasonable"; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, 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.
FirmIndependence, KS
Established in 1921, Emert Chubb has provided legal services to Montgomery County and southeast Kansas for over 100 years. Handles probate, trusts, estate planning, real estate, and business transactions.
PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts
Solo PracticeParsons, KS
Established in 2012 for the purpose of delivering distinctive legal representation to the people and businesses of Southeast Kansas. Specializes in estate planning, elder law, and Medicaid planning with court appearances across six counties.
PracticesEstate PlanningElder LawSpecial Needs PlanningAsset Protectionand 3 more
FirmWichita, KS
Founded in 1919 and the largest Kansas-based law firm, Foulston Siefkin runs an estate planning and probate group from its Wichita, Topeka, and Overland Park offices, serving clients statewide. Attorneys administer estates and trusts through probate, handle incapacity and tax-minimization planning, plan farm and business succession, and litigate trust and estate disputes.
PracticesEstate PlanningTrust AdministrationTrust LitigationElder Lawand 6 more
FirmGarden City, KS
A multi-office regional firm founded in 1961, providing trust and estate planning, probate, business transactions, and farm and ranch law services across Western Kansas with offices in Garden City, Dodge City, Hays, Salina, and Overland Park.
PracticesEstate PlanningTrust AdministrationBusiness SuccessionFarm Ranch Planningand 2 more
FirmTopeka, KS
Patton & Patton handles wills, trusts, and probate administration from offices in Topeka, Lenexa, and Wichita, with probate matters going through Shawnee County District Court and the surrounding regions. The firm prepares estate plans with powers of attorney and health-care directives and represents families through estate administration after a death. Free consultations available.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmTopeka, KS
Jonathan Snyder and Sarah Snyder are a husband and wife legal team who practice probate law, estates, wills, trusts, in Topeka, Kansas, Lawrence, Kansas and Johnson County, Kansas. Rebranded to Snyder & Snyder in 2018.
PracticesEstate PlanningProbate AdministrationWills Trusts
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.
Data sourced from Kansas statutes and official state code. How we research.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Montgomery County, Kansas.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
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