Overview
Cass County is located in Missouri with a population of approximately 113,873. The Cass 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, 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: If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, you may file a small estate affidavit 30 days after the death of the decedent. This simplified process avoids full probate administration.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the personal property administered and real property sold:
* 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 all over $1,000,000
This guide provides an informational overview of the Cass 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
Cass County Circuit Court, Probate Division
Probate matters in Cass County are handled at the Cass County Justice Center.
Address: 2501 W. Mechanic St., Harrisonville, MO 64701
Phone: (816) 380-8227 (Probate Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 17th Judicial Circuit. The court is located on the first floor of the Justice Center.
Parking and Access
Free public parking is available in the lot adjacent to the Justice Center. All visitors must pass through security screening upon entering the building. Electronic devices may be restricted in certain courtrooms.
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/debts), you may file a small estate affidavit after a 30-day waiting period.
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD), joint tenancy with rights of survivorship, or 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 Cass County Circuit Court. Include:
- Petition for Letters Testamentary or Administration
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $155.50 for full estates)
- List of heirs and interested parties
Attorneys are generally required to file documents electronically 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 Cass County (such as the Cass County Democrat-Missourian) once a week 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
- File a Statement of Account and petition for discharge to close the estate
Local Requirements
Cass County-Specific Procedures
- E-filing: Attorneys are mandated to use the Missouri eFiling system for all probate filings. Self-represented litigants may file in paper but are encouraged to check with the clerk.
- Bond: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Local Rules: The 17th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice to creditors must be published in a qualified newspaper such as the Cass County Democrat-Missourian.
Always check with the Probate Clerk for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Cass County)
- Full Estate (Letters): approximately $155.50 (base fee)
- Small Estate Affidavit: approximately $56.50 (plus publication if value >$15,000)
- Will Admit Only: approximately $70.50
- Publication costs: approximately $150-$200 depending on the newspaper
- Certified copies: approximately $1.00 per page + certification fee
Note: Fees are subject to change. Additional fees may apply based on estate value.
Payment Methods
The court accepts cash, credit/debit cards (with a convenience fee), cashier's checks, or money orders payable to the "Cass County Circuit Clerk."
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The timeline is heavily influenced by the mandatory 6-month creditor claim period which begins after the first publication of notice.
Local Resources
Cass County Court Resources
- Court Website: casscounty.com/2207/Circuit-ClerkCourts
- Case Search (Case.net): courts.mo.gov/casenet
- Missouri Probate Forms: Contact the Probate Division at (816) 380-8227 for current forms and instructions
Legal Aid and Attorney Referrals
- The Missouri Bar Lawyer Referral Service: missourilawyershelp.org/find-a-lawyer
- Legal Aid of Western Missouri: (816) 474-6750 — Provides legal assistance to low-income residents.
Publication
- Cass County Democrat-Missourian: (816) 380-3203 — Newspaper of general circulation for probate notices.