Overview
Dade County is located in Missouri with a population of approximately 7,569. The Dade 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 RSMo. The process begins with filing an Application for Letters Testamentary or Letters of Administration 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 estate (less liens and encumbrances) is $40,000 or less, a Small Estate Affidavit may be filed 30 days after death to transfer assets without full probate administration.
Missouri law sets statutory fees 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
- 2% on amounts over $1,000,000
This guide provides an informational overview of the Dade 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
Dade County Circuit Court, Probate Division
Probate matters in Dade County are handled at the Dade County Courthouse.
Address: 300 W. Water St, Greenfield, MO 65661
Phone: (417) 238-2400 (Circuit Clerk's Office)
Hours: Monday through Friday, 7:30 AM to 4:00 PM
The Probate Division is located within the historic Dade County Courthouse in Greenfield. The Circuit Clerk's office manages all probate filings.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to the public during standard 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 an affidavit 30 days after death to collect assets.
- Refusal of Letters: For surviving spouses or unmarried minor children if the estate is small, the court may refuse letters and allow immediate distribution.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Letters with the Dade County Circuit Court. Include:
- Application for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $155.50)
- List of heirs and addresses
Missouri utilizes the Case.net e-filing system, though pro se filers may file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Dade County (such as the Greenfield Vedette) for four consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. 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; the claim period is 6 months from the date of first publication
- Inventory and appraise all estate assets within 30 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Dade County-Specific Procedures
- Local Court Rules: Check with the Circuit Clerk for specific local filing requirements.
- Bond requirements: Personal representatives usually must post a bond unless waived by the will or the court.
- Inventory: Must be filed within 30 days of appointment.
- Publication: Notice must be published in a newspaper of general circulation in Dade County for four consecutive weeks.
The Greenfield Vedette is the primary newspaper for legal notices in the county.
Timeline & Fees
Filing Fees (Dade County)
- Small Estate Affidavit: approximately $105.50
- Full Estate Administration: approximately $155.50
- Certified copies of Letters: approximately $1.50 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Sheriff service fees may apply
Missouri statutes provide a minimum fee schedule for attorneys and personal representatives based on the estate's value (e.g., 5% of the first $5,000, 4% of the next $20,000, etc.).
Payment Methods
The court accepts cash, money orders, or cashier's checks. Personal checks are typically not accepted.
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 6-month creditor claim period is mandatory, meaning most estates cannot close sooner than 6 months after publication.
Local Resources
Dade County Court Resources
- Court Website: dadecountymo.gov
- Probate Self-Help: Missouri Courts Probate Self-Help
- Missouri Probate Forms: State Probate Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — Statewide bar association
- Legal Services of Southern Missouri: (417) 881-1397 — Legal aid for low-income residents
- Missouri Bar Lawyer Search: mobar.org
Publication
- Greenfield Vedette: (417) 637-2711 — Official county newspaper
- The Lockwood Luminary: (417) 232-4415 — Local newspaper