Overview
Butler County is located in Missouri with a population of approximately 41,814. The Butler 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 Chapters 472 through 475 of the Missouri Revised Statutes (RSMo). 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 may file a Small Estate Affidavit 30 days after the death to transfer assets without full probate administration.
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 Butler 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
Butler County Circuit Court
Probate matters in Butler County are handled at the Butler County Courthouse.
Address: 100 N Main St, Poplar Bluff, MO 63901
Phone: (573) 686-8082 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the 36th Judicial Circuit. The courthouse is a historic building located in downtown Poplar Bluff.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Security screening is required upon entering the building.
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 30 days after 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 (approx. $20,000 plus exempt property).
- 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 Butler County Circuit Court. Include:
- Petition for Probate of Will and/or Letters Testamentary/Administration
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (typically $150–$250 depending on estate value)
- List of heirs and interested parties
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 Butler County (such as the Daily American Republic) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to admit the will and appoint the personal representative. Upon approval, the clerk issues Letters Testamentary or Letters of Administration, granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (if not already done) to start the 6-month claims period.
- Inventory and appraise all estate assets and file the inventory with the court within 30 days of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries after the claims period expires and the court approves the final settlement.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Butler County-Specific Procedures
- E-Filing: Butler County participates in the Missouri e-filing system. Attorneys are mandated to file electronically.
- Bond: A corporate surety bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it (and the judge approves).
- Local Rules: The 36th Judicial Circuit may have specific local rules regarding hearing schedules and form requirements. Always check with the probate clerk.
- Publication: Notice is typically published in the Daily American Republic.
Contact the Probate Clerk at (573) 686-8082 for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Butler County)
Note: Fees are subject to change. Contact the clerk for the exact amount.
- Small Estate Affidavit: approximately $65–$85
- Full Estate (Petition for Letters): approximately $150–$250 (varies by estate value)
- Will Admitted (No Letters): approximately $75
- Publication costs: approximately $150–$250 (paid directly to the newspaper)
Statutory Attorney & Executor Fees
Missouri law (RSMo 473.153) provides a minimum fee schedule for attorneys and personal representatives:
- 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, cashier's checks, and credit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Small Estate: 1-2 months (can be filed 30 days after death)
- Simple estates (Independent Administration): 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Local Resources
Butler County Court Resources
- Court Website: courts.mo.gov
- Case Search (Case.net): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (800) 444-4863 — lsosm.org
Publication
- Daily American Republic: (573) 785-1414 — darnews.com