Overview
Cooper County is located in Missouri with a population of approximately 17,100. The Circuit Court of Cooper County, 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 470-475). 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, successors may file a Small Estate Affidavit to collect assets without full probate administration. This can be filed 30 days after death.
Missouri law sets statutory compensation for attorneys and personal representatives 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, and 2% on amounts over $1 million.
This guide provides an informational overview of the Cooper 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
Circuit Court of Cooper County, Probate Division
Probate matters in Cooper County are handled at the Cooper County Courthouse.
Address: 200 Main Street, Room 31, Boonville, MO 65233
Phone: (660) 882-2232 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Division is part of the 18th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Street parking is generally available around the courthouse square in Boonville. 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 (less liens and encumbrances), 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 beneficiary deeds do not require probate.
- 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 of Administration or Letters Testamentary with the Circuit Court of Cooper County. Include:
- Petition for Probate of Will and/or Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically varies by estate type, approx. $150+)
- List of heirs and interested parties
Attorneys are generally required for formal probate filings in Missouri corporate entities or complex estates, and highly recommended for personal representatives.
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 Cooper County (such as the Cooper County Record or Boonville Daily News) 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 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
Cooper County-Specific Procedures
- Filing Methods: Check with the Circuit Clerk regarding mandatory e-filing for attorneys via the Missouri eFiling System. Pro se litigants may often file in paper.
- Bond Requirements: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Local Court Rules: The 18th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Cooper County for four consecutive weeks.
Always contact the Probate Clerk at (660) 882-2232 to confirm specific local forms and fee amounts before filing.
Timeline & Fees
Filing Fees (Cooper County)
- Small Estate Affidavit: approximately $70 - $105 (depending on will/no will)
- Full Estate Administration: approximately $150 - $200 (base fee)
- Certified copies of Letters: approximately $1.50 - $5.00 per copy
- Publication costs: approximately $100 - $200 depending on the newspaper
- Will Contest: approximately $100+
Note: Fees are subject to change. Contact the Circuit Clerk for the current fee schedule.
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 from pro se filers.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-2 months
- Average estates: 6-9 months (statutory minimum of 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
The timeline is heavily influenced by the 6-month creditor claim period which begins after the first publication of notice.
Local Resources
Cooper County Court Resources
- Court Website: coopercountymo.gov
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (314) 534-4200 — lsem.org (serves some central MO counties)
- Mid-Missouri Legal Services: (573) 442-0116 — mmls.org
Publication
- Cooper County Record: (660) 882-9200 — Newspaper of general circulation
- Boonville Daily News: (660) 882-5332 — Newspaper of general circulation