Overview
Clinton County is located in Missouri with a population of approximately 21,721. The Clinton 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 Letters of Administration (if 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.
Missouri offers a simplified procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, heirs may file a Small Estate Affidavit to transfer assets without full probate administration. This can be filed 30 days after death.
Missouri law sets a statutory fee schedule for attorneys and personal representatives based on the value of the estate (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), though additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Clinton 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
Clinton County Circuit Court, Probate Division
Probate matters in Clinton County are handled at the Clinton County Courthouse.
Physical Address: 207 N. Main St., Plattsburg, MO 64477
Mailing Address: PO Box 275, Plattsburg, MO 64477
Phone: (816) 539-3298 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 12:00 PM - 12:30 PM for lunch)
The Probate Division is located within the historic Clinton County Courthouse in Plattsburg. The Circuit Clerk's office manages filings for the Probate Division.
Parking and Access
Street parking is generally available around the courthouse square in Plattsburg. The building is accessible to the public during business hours, with security screening at the entrance.
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, if the estate is small (statutory allowances apply), the court may "refuse" letters, allowing immediate transfer.
- 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 Administration with the Clinton County Circuit Court. Include:
- Application for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$175.00 for full estates)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and e-filing is mandatory for attorneys in many circuits.
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 Clinton County (e.g., Clinton County Leader) 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.
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 administrative 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
Clinton County-Specific Procedures
- E-filing: Attorneys are generally required to file documents electronically via the Missouri eFiling system. Pro se litigants may file in paper.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Local court rules: The 43rd Judicial Circuit (which includes Clinton County) may have specific local rules regarding scheduling and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Clinton County, such as the Clinton County Leader, for four consecutive weeks.
Always check with the Probate Clerk for the most current local filing requirements and fee schedules.
Timeline & Fees
Filing Fees (Clinton County)
- Full Estate (Letters): approximately $175.00 (deposit)
- Small Estate Affidavit: approximately $45.00 - $65.00
- Will Admitted (No Letters): approximately $75.00
- Publication costs: approximately $100.00 - $150.00 depending on the newspaper
- Certified copies: approximately $1.50 - $3.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk for the exact current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The statutory period for creditor claims in Missouri is 6 months from the date of first publication, which sets a minimum duration for formal administration.
Local Resources
Clinton County Court Resources
- Court Website: clintoncomo.org
- Probate Self-Help: Missouri Courts Self-Represented Litigants
- Missouri Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Aid of Western Missouri: (816) 474-6750 — lawmo.org
- Missouri Lawyer Referral Service: missourilawyershelp.org
Publication
- Clinton County Leader: (816) 539-2111 — Newspaper of general circulation for probate notices