Overview
Boone County is located in Missouri with a population of approximately 183,610. The 13th Judicial 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 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). This process, known as a "Small Estate Affidavit," can be filed 30 days after death and is significantly faster and less expensive than formal probate.
Statutory Fees: Missouri law sets a statutory fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold. The minimum fees are approximately:
- 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 Boone 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
13th Judicial Circuit Court, Probate Division
Probate matters in Boone County are handled at the Boone County Courthouse.
Address: 705 E Walnut St, Columbia, MO 65201
Phone: (573) 886-4090 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 13th Judicial Circuit. The courthouse is located in downtown Columbia.
Parking and Access
Public parking is available in the streets surrounding the courthouse and in nearby parking garages (e.g., 8th & Cherry Garage). Security screening is required upon entry; cell phones may be restricted or require silencing.
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 (less liens/encumbrances), 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).
- 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 13th Judicial Circuit Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $155.50, varies by case type)
- Information for Heirs and Devisees
E-filing is mandatory for attorneys in Missouri courts via the Missouri eFiling System. Pro se litigants may file in paper.
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 Boone County (e.g., Columbia Missourian or Columbia Daily Tribune) 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Creditors (creditors have 6 months to file claims).
- 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 Distribution to close the estate.
Local Requirements
Boone County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented litigants.
- Local Rules: The 13th Judicial Circuit has specific local rules regarding probate; consult the court's website for the most current "Local Court Rules."
- Publication: Notice must be published in a newspaper of general circulation in Boone County, such as the Columbia Missourian, for four consecutive weeks.
- Bond: A bond is generally required for personal representatives unless waived by the will or by all heirs/beneficiaries.
Timeline & Fees
Filing Fees (Boone County)
- Full Estate (Letters): approximately $155.50 (base fee)
- Small Estate Affidavit: approximately $65.00 - $75.00 (plus publication)
- Will Admitted (No Letters): approximately $70.00
- Certified copies: approximately $2.00 per page/document
- Publication costs: Paid directly to the newspaper (typically $100-$200)
Note: Fees are subject to change. Check with the Boone County Circuit Clerk for the current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Small Estate: 1-2 months (30-day waiting period before filing).
- Simple estates: 6-9 months (minimum 6-month creditor period).
- Complex or contested estates: 12 months to 2+ years.
The 6-month creditor claim period is a mandatory minimum for formal administration.
Local Resources
Boone County Court Resources
- Court Website: https://www.courts.mo.gov/hosted/circuit13/
- Probate Forms: https://www.courts.mo.gov/page.jsp?id=662
- Case.net (Case Search): https://www.courts.mo.gov/casenet
Legal Aid and Attorney Referrals
- Boone County Bar Association: https://boonecountybar.org/
- Mid-Missouri Legal Services: (573) 442-0116 — https://mmls.org/
- The Missouri Bar Lawyer Referral Service: https://mobar.org/
Publication
- Columbia Missourian: (573) 882-5700 — https://www.columbiamissourian.com/
- Columbia Daily Tribune: (573) 815-1700 — https://www.columbiatribune.com/