Overview
Cole County is located in Missouri with a population of approximately 77,279. The Cole 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 of the Missouri Revised Statutes (Chapters 472–475). 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, a simplified small estate affidavit process may be used 30 days after death.
Statutory Fees: Missouri law sets minimum compensation for personal representatives and attorneys based on a percentage of 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 $1,000,000
This guide provides an informational overview of the Cole 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
Cole County Circuit Court, Probate Division
Probate matters in Cole County are handled at the Cole County Courthouse.
Address: 301 E High Street, Room 305, Jefferson City, MO 65101
Phone: 573-634-9177 (Probate Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (contact court to confirm current hours)
The Probate Division is part of the 19th Judicial Circuit. It is located in downtown Jefferson City, the state capital.
Parking and Access
Street parking is available around the courthouse and in nearby downtown public parking lots. 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 an Affidavit of Small Estate 30 days after death.
- Refusal of Letters: Surviving spouses or unmarried minor children may petition to refuse letters if the estate value is less than the statutory allowance.
- 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 Petition for Letters of Administration with the Cole County Probate Division. Include:
- Application for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically a deposit for costs)
- Corporate surety bond (if required)
Attorneys are generally required to file electronically via the Missouri Case.net 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 Cole County (typically the News Tribune) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition and, if approved, issue Letters Testamentary or Letters of Administration. This grants 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 (creditors have 6 months from first publication to file claims).
- 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
Cole County-Specific Procedures
- E-filing: Missouri utilizes a mandatory electronic filing system (Case.net) for attorneys. Self-represented litigants may file paper documents, but e-filing is encouraged.
- Local Rules: The 19th Judicial Circuit has specific local rules regarding probate procedures; consult the court clerk or local bar resources.
- Publication: Notice is typically published in the News Tribune, the local newspaper of general circulation.
- Bond: A corporate surety bond is generally required unless waived by the will or by all distributees.
Timeline & Fees
Filing Fees (Cole County)
Fees are subject to change. Contact the Probate Clerk for the most current schedule.
- Small Estate Affidavit: approximately $70.00 - $75.00
- Opening a Full Estate (Deposit): approximately $155.00 - $200.00 (varies by estate value)
- Will Admitted (No Administration): approximately $70.00
- Publication costs: approximately $150.00 - $200.00 (paid directly to newspaper)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claim period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Missouri is 6 months from the date of first publication.
Local Resources
Cole County Court Resources
- Court Website: https://www.colecounty.org/342/Probate-Division
- Missouri Case.net (Case Search): https://www.courts.mo.gov/casenet
- Missouri Courts Forms: https://www.courts.mo.gov (contact court for current form links)
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — https://mobar.org
- Mid-Missouri Legal Services: (573) 442-0116 — Provides legal assistance to low-income residents.
Publication
- News Tribune: (573) 636-3131 — https://www.newstribune.com