Overview
Benton County is located in Missouri with a population of approximately 20,614. The Benton 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 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.
Missouri offers a simplified procedure for small estates. If the value of the estate (less liens and encumbrances) does not exceed $40,000, heirs may file a Small Estate Affidavit to transfer assets without full probate administration.
Missouri law sets statutory fees for attorneys and personal representatives based on a percentage of the estate value, though additional fees may be agreed upon for extraordinary services.
This guide provides an informational overview of the Benton 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
Benton County Circuit Court, Probate Division
Probate matters in Benton County are handled at the Benton County Courthouse.
Address: 316 Van Buren, Warsaw, MO 65355
(Mailing Address: P.O. Box 37, Warsaw, MO 65355)
Phone: (660) 438-7712
The Probate Division is part of the 27th Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available at the courthouse. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the net estate is valued at $40,000 or less, you may file a small estate affidavit after 30 days have passed since the death.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition to refuse letters if the estate value does not exceed the statutory allowance.
- 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 Benton County Circuit Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (typically varies by estate value)
- List of heirs and beneficiaries
- Renunciations or consents from other potential personal representatives
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file.
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 Benton County, such as the Benton County Enterprise, for four consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (if not already done) and allow the statutory period (6 months) for claims.
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state law.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Benton County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Missouri Case.net system. Self-represented litigants may file in paper.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in the Benton County Enterprise.
- Local Rules: The 27th Judicial Circuit may have specific local rules regarding scheduling and document formatting. Check with the clerk for the most current protocols.
Timeline & Fees
Filing Fees (Benton County)
Filing fees vary based on the type of estate and value. Estimated fees include:
- Small Estate Affidavit: Approximately $35 - $70 (varies by county/value)
- Full Estate Administration: Approximately $150 - $200 base fee (plus publication costs)
- Will Admittance Only: Approximately $70 - $100
- Publication costs: Approximately $100 - $200 (paid directly to the newspaper)
- Certified copies: Approximately $1.50 - $5.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk at (660) 438-7712 for the current fee schedule.
Statutory Compensation
Missouri law sets minimum compensation for attorneys and personal representatives based on the estate value:
- 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 typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a convenience fee). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Small Estates: 1-2 months (after 30-day waiting period)
- Simple estates: 6-9 months (minimum 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
Local Resources
Benton County Court Resources
- Court Website: bentoncomo.com
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (800) 444-4863 — lsosm.org
Publication
- Benton County Enterprise: (660) 438-6312 — bentoncountyenterprise.com