Overview
Buchanan County is located in Missouri with a population of approximately 83,574. The Buchanan 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 Revisor of 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.
For smaller estates, Missouri offers a Small Estate Affidavit procedure if the net value of the estate is $40,000 or less. This simplified process requires a 30-day waiting period after death before filing and avoids full probate administration.
Missouri law sets statutory compensation for personal representatives and attorneys based on a percentage of the estate's 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, and 2% on amounts over $1 million.
This guide provides an informational overview of the Buchanan 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
Buchanan County Circuit Court, Probate Division
Probate matters in Buchanan County are handled at the Buchanan County Courthouse.
Address: 411 Jules Street, Room 333, St. Joseph, MO 64501
Phone: (816) 271-1462
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 5th Judicial Circuit. The clerk's office is located on the third floor of the historic courthouse in downtown St. Joseph.
Parking and Access
Street parking is available around the courthouse square and on adjacent streets (some metered, some free 2-hour zones). There are also public parking lots nearby. Visitors typically enter through the main entrance on Jules Street and must pass through security screening.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (less liens and encumbrances) is valued at $40,000 or less, you may file an affidavit 30 days after death to collect assets without full administration.
- 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 Probate of Will and/or Letters Testamentary or Petition for Letters of Administration with the Buchanan County Circuit Court. Include:
- Petition for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$155.50 for full letters)
- List of heirs and interested parties
E-filing is mandatory for attorneys in Missouri courts via the Missouri eFiling System.
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 Buchanan County (typically the St. Joseph News-Press) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If approved, the judge 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 administrative 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
Buchanan County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically through the Missouri Courts eFiling system. Self-represented litigants may file in paper.
- 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 has specific local rules regarding probate dockets and settlements.
- Publication: Notice is typically published in the St. Joseph News-Press. The publisher will file an affidavit of publication with the court.
Always check with the Probate Clerk in Room 333 for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Buchanan County)
- Application for Probate of Will: approximately $65.50
- Small Estate Affidavit: approximately $65.50 (varies if will is admitted)
- Full Estate (Letters): approximately $155.50 (base fee)
- Will Deposit: approximately $6.50
- Publication costs: approximately $150-$200 depending on the newspaper
- Certified copies: fees vary per page/certification
Note: Fees are subject to change. Check the 5th Judicial Circuit website for the current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Small Estate: 30-60 days (after 30-day waiting period)
- Simple estates (independent administration): 6-12 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2 years or more
The statutory creditor claim period in Missouri is 6 months from the date of first publication of notice.
Local Resources
Buchanan County Court Resources
- Court Website: 5thcircuit.net
- 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
- St. Joseph News-Press: (816) 271-8500 — newspressnow.com