Overview
Cedar County is located in Missouri with a population of approximately 15,023. The Cedar 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 472–475 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). If at least 30 days have passed since the death, heirs may file a Small Estate Affidavit to collect assets without full probate administration.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold.
This guide provides an informational overview of the Cedar 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
Cedar County Circuit Court, Probate Division
Probate matters in Cedar County are handled at the Cedar County Courthouse.
Address: 113 South Street, PO Box 665, Stockton, MO 65785
Phone: (417) 276-6700 ext. 230 or 234
Hours: Monday through Friday, 7:30 AM to 4:30 PM
The Circuit Clerk's office is located in the courthouse in Stockton. The Probate Division handles wills, decedent estates, guardianships, and conservatorships. Sarah Turner serves as the Circuit Clerk.
Parking and Access
Street parking is generally available around the courthouse square in Stockton. Visitors should be prepared for security screening 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 estate is valued at $40,000 or less (less liens and encumbrances) and 30 days have passed since death, you may file a small estate affidavit.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate value is not greater than the exempt property and statutory allowances.
- 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 Letters of Administration with the Cedar County Circuit Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $148.50 for full estates)
- List of heirs and beneficiaries with addresses
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 Cedar County (such as the Cedar County Republican) 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 on behalf of the estate.
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 Distribution to close the estate.
Local Requirements
Cedar County-Specific Procedures
- Filing Fees: Fees are payable to the Cedar County Circuit Clerk. Checks should be made payable to the "Circuit Clerk."
- Small Estate: The filing fee for a Small Estate Affidavit is approximately $68.50 (plus $35.00 if admitting a will).
- Publication: Notice is typically published in the Cedar County Republican. The attorney or personal representative is responsible for arranging publication.
- Bond: A bond is generally required for personal representatives unless waived by the will or by all heirs/beneficiaries.
Always check with the Circuit Clerk's office for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Cedar County)
- Decedent Estate (Full Probate): approximately $148.50 (plus $35.00 if admitting will)
- Small Estate Affidavit: approximately $68.50 (plus $35.00 if admitting will)
- Refusal of Letters: approximately $68.50
- Will for Safekeeping: approximately $3.00
- Certified Copies: $1.50 per certificate + $1.00 per page
- Publication costs: approximately $100–$200 depending on the newspaper
Payment Methods
The court accepts cash, money orders, and cashier's checks. Personal checks may not be accepted from pro se litigants; confirm with the clerk.
Estimated Timelines
- Small Estate: 1-2 months (after 30-day waiting period).
- Independent Administration: 6-9 months minimum (due to 6-month creditor period).
- Supervised Administration: 9-12 months or longer.
- Complex or contested estates: 1 year or more.
Local Resources
Cedar County Court Resources
- Court Website: cedarcountymo.gov
- Missouri Courts Case.net: courts.mo.gov/casenet
- Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (417) 881-1397 — lsosm.org
Publication
- Cedar County Republican: (417) 276-4211 — cedarrepublican.com
- El Dorado Springs Sun: (417) 876-3841