Overview
Bollinger County is located in Missouri with a population of approximately 10,610. The Circuit Court of Bollinger 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 Chapters 472 through 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 process for estates valued at $40,000 or less (excluding liens and encumbrances). This "Small Estate Affidavit" procedure allows heirs to collect assets without full probate administration after a 30-day waiting period.
Statutory Fees: Missouri law sets a statutory fee schedule for attorneys and personal representatives based on the value of the estate (e.g., roughly 3% for the first $100,000, with a sliding scale thereafter).
This guide provides an informational overview of the Bollinger 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 Bollinger County, Probate Division
Probate matters in Bollinger County are handled at the Bollinger County Courthouse.
Address: 104 High Street, Marble Hill, MO 63764
Phone: (573) 238-1900 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the 32nd Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Marble Hill. The building is accessible to the public during business hours.
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 to transfer assets without full probate.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate is small (statutory allowances apply), allowing immediate transfer of assets.
- 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 Bollinger County. Include:
- Petition for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $150–$200 for full estates)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file. Pro se litigants may file in paper 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 Bollinger County (such as The Banner Press) 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 (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 according to the will or state law
- File a Statement of Account and petition for discharge to close the estate
Local Requirements
Bollinger County-Specific Procedures
- Local Court Rules: The 32nd Judicial Circuit (Bollinger, Cape Girardeau, Perry counties) may have specific local rules regarding bond requirements and hearing schedules.
- Bond: A corporate surety bond is typically required for personal representatives unless waived by the will or all heirs/beneficiaries.
- Publication: Notice is typically published in The Banner Press, the local weekly newspaper.
- Settlement: Annual settlements are required for estates open longer than one year.
Contact the Circuit Clerk at (573) 238-1900 to verify specific local filing requirements.
Timeline & Fees
Filing Fees (Bollinger County)
Note: Fees are subject to change. Contact the clerk for the most current schedule.
- Small Estate Affidavit: approximately $70.00
- Full Decedent's Estate (Testate/Intestate): approximately $150.00 – $200.00
- Refusal of Letters (Spouse/Minor): approximately $70.00
- Publication costs: approximately $100.00 – $150.00 (paid directly to the newspaper)
- Certified copies: approximately $1.50 – $3.00 per copy
Statutory Fees
Missouri law sets minimum fees 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 million
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate: 30-60 days (minimum 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
Bollinger County Court Resources
- Court Website: courts.mo.gov
- Case Search (Case.net): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (800) 444-4863 — lsosm.org
Publication
- The Banner Press: (573) 238-2821 — thebannerpress.com