Overview
Andrew County is located in Missouri with a population of approximately 18,100. The Circuit Court of Andrew County, Probate Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Missouri probate is governed by Title XXXI of the Missouri Revised Statutes (Chapters 470-475). The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Missouri offers a simplified procedure known as a Small Estate Affidavit. This is available if the value of the entire estate, less liens and encumbrances, does not exceed $40,000. This process is faster and less expensive than full administration.
Missouri law sets statutory minimum fees for attorneys and personal representatives based on a percentage of the estate's value (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), though additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Andrew County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Circuit Court of Andrew County
Probate matters in Andrew County are handled at the Andrew County Courthouse.
Address: 411 Court St, Savannah, MO 64485
Phone: (816) 324-3921 (Circuit Clerk)
Hours: Contact the Circuit Clerk's office for current hours
The Probate Division is part of the 5th Judicial Circuit of Missouri. The Circuit Clerk's office accepts filings and payments.
Parking and Access
Public parking is generally available on the streets surrounding the courthouse square in downtown Savannah. Visitors should check for any posted time limits. Security screening may be required upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $40,000 or less (excluding liens/debts), you may file an affidavit 30 days after death to collect assets without full probate.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition to refuse letters if the estate value is not greater than the exempt property and statutory allowances.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters with the Circuit Court of Andrew County. Include:
- Petition for Probate of Will and/or Letters Testamentary/Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $150-$200 depending on the petition type)
- List of heirs and interested parties
Electronic filing (e-filing) is mandatory for attorneys in Missouri courts via Case.net. Self-represented litigants may file paper documents at the clerk's office.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Andrew County, such as The Savannah Reporter, for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If approved, the judge issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months of first publication).
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Andrew County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Pro se litigants may file in person.
- Bond requirements: A bond is generally required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Local court rules: The 5th Judicial Circuit (Andrew and Buchanan Counties) has specific local rules regarding pleadings and continuances.
- Publication: Notice is typically published in The Savannah Reporter. The cost is approximately $165.
Always check with the Circuit Clerk for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Andrew County)
Note: Fees are subject to change. Estimates based on 5th Judicial Circuit schedules.
- Small Estate Affidavit (No Will): approximately $63.50
- Small Estate Affidavit (With Will): approximately $70.50
- Application for Letters (No Will): approximately $153.50
- Application for Letters (With Will): approximately $188.50
- Determination of Heirship: approximately $70.50
- Publication costs: approximately $165.00 (paid to newspaper/court)
Missouri law provides a statutory fee schedule for attorneys and personal representatives:
- 5% on the first $5,000
- 4% on the next $20,000
- 3% on the next $75,000
- 2.75% on the next $300,000
- 2.5% on the next $600,000
- 2% on amounts over $1,000,000
Payment Methods
The court accepts cash, cashier's checks, business checks, money orders, and credit/debit cards (Visa, MasterCard, Discover, AmEx). A convenience fee applies to card payments (approx. 2.75%).
Estimated Timelines
- Small Estate: Can be filed 30 days after death; typically resolved quickly.
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Complex or contested estates: 12 months to several years.
The 6-month creditor claim period is a statutory minimum for full administration.
Local Resources
Andrew County Court Resources
- Court Website: 5thcircuit.net
- Case.net (Case Search): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Aid of Western Missouri: (816) 364-2325 — lawmo.org
Publication
- The Savannah Reporter: (816) 324-3149 — savrep.com