Overview
Audrain County is located in Missouri with a population of approximately 24,962. The Audrain County Circuit Court, 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, Chapters 472-475 of the Missouri Revised Statutes. 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.
Small Estate Affidavit: Missouri offers a simplified procedure for estates valued at $40,000 or less (excluding liens and encumbrances). If the estate qualifies, heirs can file a Small Estate Affidavit 30 days after the decedent's death to transfer assets without full probate administration.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate:
- 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 million
This guide provides an informational overview of the Audrain 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
Audrain County Circuit Court, Probate Division
Probate matters in Audrain County are handled at the Audrain County Courthouse.
Address: 101 N. Jefferson St., Mexico, MO 65265
Phone: (573) 473-5840 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 12th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Street parking is generally available around the courthouse square in Mexico. The building is accessible to the public during business hours, with security screening at the entrance.
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, you may file a small estate affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate is small (statutory allowances apply), allowing assets to pass directly.
- 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 Testamentary or Petition for Letters of Administration with the Audrain County Circuit Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $150.00)
- List of heirs and interested parties
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 Audrain County (such as The Mexico Ledger) once a week 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 taxes.
- Distribute assets to beneficiaries according to the will or state intestacy laws.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Audrain County-Specific Procedures
- Filing: Filings are typically handled through the Circuit Clerk's office. Missouri utilizes an electronic filing system (Case.net) for attorneys.
- Bond: A bond may be required for the personal representative unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in The Mexico Ledger.
- Local Rules: The 12th Judicial Circuit may have specific local rules regarding scheduling and document formatting; check with the clerk.
Timeline & Fees
Filing Fees (Audrain County)
- Petition for Letters (Full Estate): approximately $150.00
- Small Estate Affidavit: approximately $70.00 - $100.00
- Will Admit Only: approximately $70.00
- Publication costs: approximately $100.00 - $200.00 (paid directly to newspaper)
- Certified copies: approximately $1.50 - $3.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk for the most current fee schedule.
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a processing fee). Personal checks may not be accepted for new case filings.
Estimated Timelines
- Small Estate: 1-2 months (after 30-day waiting period)
- Independent Administration: 6-9 months (minimum 6 months for creditor claims)
- Supervised Administration: 9-18 months or longer depending on complexity
The creditor claim period in Missouri is 6 months from the date of first publication of notice.
Local Resources
Audrain County Court Resources
- Court Website: https://www.audraincounty.org/circuit-court
- Missouri Case.net: https://www.courts.mo.gov/casenet
- Missouri Probate Forms: https://www.courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — https://mobar.org
- Legal Services of Eastern Missouri: (800) 444-0514 — Provides legal assistance to low-income residents.
Publication
- The Mexico Ledger: (573) 581-1111 — Newspaper of general circulation for probate notices.