Overview
Chariton County is located in Missouri with a population of approximately 7,408. The Chariton 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 Missouri Revised Statutes (RSMo) Chapter 473. The process begins with filing a Petition for Letters of Administration or Letters Testamentary 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 entire estate value (less liens and encumbrances) is $40,000 or less. This simplified process allows assets to be distributed without full probate administration after a 30-day waiting period.
Missouri law sets statutory minimum fees for attorneys and personal representatives 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 $1,000,000
This guide provides an informational overview of the Chariton 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
Chariton County Circuit Court, Probate Division
Probate matters in Chariton County are handled at the Chariton County Courthouse.
Address: 306 S Cherry St, Keytesville, MO 65261
Phone: (660) 288-3602 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is part of the 9th Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Keytesville. The building is accessible to the public during business hours.
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.
- 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 Chariton County Circuit Court. Include:
- Application for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically varies, contact court for exact amount)
- 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 Chariton County (e.g., Chariton County Journal or Brunswicker) 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 (with a will) or Letters of Administration (without a will).
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
Chariton County-Specific Procedures
- E-Filing: Missouri courts, including Chariton County, use the state's electronic filing system. Attorneys are mandated to e-file.
- Bond: A bond is typically required for the personal representative unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper such as the Chariton County Journal or Brunswicker.
- Local Rules: The 9th Judicial Circuit may have specific local rules regarding probate dockets and filing requirements.
Always check with the Circuit Clerk for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Chariton County)
Note: Fees are subject to change. Contact the Circuit Clerk for the current schedule.
- Small Estate Affidavit: approximately $70 - $110
- Full Estate Administration: approximately $150 - $200 (plus publication costs)
- Will Admittance Only: approximately $70
- Publication costs: approximately $100 - $200 depending on the newspaper
Statutory Attorney & Executor Fees (Missouri)
Missouri law (RSMo 473.153) sets minimum fees based on the estate 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
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a convenience fee). Personal checks may not be accepted.
Estimated Timelines
- Small Estate: 1-2 months (30-day waiting period required).
- Independent Administration: 6-9 months minimum (due to 6-month creditor claim period).
- Supervised Administration: 9-12 months or longer depending on complexity.
Local Resources
Chariton County Court Resources
- Court Website: courts.mo.gov
- Case Search: Missouri Case.net
- Missouri Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (800) 444-0514 — lsem.org
Publication
- Chariton County Journal: (660) 288-3263
- Brunswicker: (660) 548-3138