Overview
Callaway County is located in Missouri with a population of approximately 44,283. The Callaway 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 Chapter 473 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). If the estate qualifies, heirs can file a small estate affidavit 30 days after death to transfer assets without full probate administration.
Statutory Fees: Missouri law sets minimum 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
- 2% on amounts over $1 million
This guide provides an informational overview of the Callaway 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
Callaway County Circuit Court, Probate Division
Probate matters in Callaway County are handled at the Callaway County Justice Center.
Address: 5 East 2nd Street, Fulton, MO 65251
Phone: 573-642-0780 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 13th Judicial Circuit of Missouri. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available near the Justice Center and the historic courthouse. The building is accessible to persons with disabilities. Security screening is required upon entry.
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.
- 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 with the Callaway County Circuit Court. Include:
- Petition for Probate of Will and/or Letters Testamentary/Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (varies, typically ~$150-$200 to start)
- 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 Callaway County (e.g., Fulton Sun) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will 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 taxes.
- File an annual settlement if the estate is open longer than a year.
- Distribute assets to beneficiaries.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Callaway 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: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Local Rules: The 13th Judicial Circuit (Boone and Callaway Counties) has specific local rules. Check the circuit website for Rule 68 regarding probate.
- Publication: Notice is typically published in the Fulton Sun.
Consult the 13th Judicial Circuit Clerk for specific local forms or procedural checklists.
Timeline & Fees
Filing Fees (Callaway County)
- Opening a Decedent's Estate: approximately $150-$200 (deposit)
- Small Estate Affidavit: approximately $65-$100
- Will Contest: approximately $135
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
- Certified copies: ~$1.50 per page + certification fee
Note: Fees are subject to change. Contact the Circuit Clerk at 573-642-0780 for the current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Small Estate: 30-60 days (minimum 30-day waiting period after death).
- Independent Administration: 6-9 months (minimum 6-month creditor period).
- Supervised Administration: 9-12+ months.
- Complex or contested estates: 1 year or more.
The statutory creditor claim period in Missouri is 6 months from the date of first publication of letters.
Local Resources
Callaway County Court Resources
- Court Website: 13th Judicial Circuit
- Probate Self-Help: Missouri Courts Probate Info
- Missouri Probate Forms: Supreme Court Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: 573-635-4128 — Lawyer Search
- Mid-Missouri Legal Services: 573-442-0116 — mmls.org
Publication
- Fulton Sun: 573-642-2234 — fultonsun.com