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Terms Used In Kansas Statutes 59-104

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Docket: A log containing brief entries of court proceedings.
  • Probate: Proving a will
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Statute: A law passed by a legislature.

(a) Docket fee. (1) Except as otherwise provided by law, no case shall be filed or docketed in the district court under the provisions ofchapter 59 of the Kansas Statutes Annotated, and amendments thereto, or of articles 40 and 52 ofchapter 65 of the Kansas Statutes Annotated, and amendments thereto, without payment of an appropriate docket fee as follows:

Treatment of mentally ill   $34.50

Treatment of alcoholism or drug abuse   34.50

Determination of descent of property   49.50

Termination of life estate   48.50

Termination of joint tenancy   48.50

Refusal to grant letters of administration   48.50

Adoption   48.50

Filing a will and affidavit under Kan. Stat. Ann. § 59-618a, andamendments thereto   48.50

Guardianship   69.50

Conservatorship   69.50

Trusteeship   69.50

Combined guardianship and conservatorship   69.50

Certified probate proceedings under Kan. Stat. Ann. § 59-213, and amendments thereto   23.50

Decrees in probate from another state   173.00

Probate of an estate or of a will   109.50

Civil commitment under Kan. Stat. Ann. § 59-29a01 et seq., andamendments thereto.   33.50

(2) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

(b) Poverty affidavit in lieu of docket fee and exemptions. The provisions of Kan. Stat. Ann. § 60-2001(b) and Kan. Stat. Ann. § 60-2005, and amendments thereto, shall apply to probate docket fees prescribed by this section.

(c) Disposition of docket fee. Statutory charges for the law library and for the prosecuting attorneys’ training fund shall be paid from the docket fee. The remainder of the docket fee shall be paid to the state treasurer in accordance with Kan. Stat. Ann. § 20-362, and amendments thereto.

(d) Additional court costs. Other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Other fees shall include, but not be limited to, witness fees, appraiser fees, fees for service of process outside the state, fees for depositions, transcripts and publication of legal notice, executor or administrator fees, attorney fees, court costs from other courts and any other fees and expenses required by statute. All additional court costs shall be taxed and billed against the parties or estate as directed by the court. No sheriff in this state shall charge any district court in this state a fee or mileage for serving any paper or process.