Overview
Daviess County is located in Missouri with a population of approximately 8,430. The Circuit Court of Daviess 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 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: Missouri offers a simplified process for estates valued at $40,000 or less (excluding liens and encumbrances). If the estate qualifies, heirs can file a Small Estate Affidavit 30 days after the death to transfer assets without full probate administration.
Statutory Fees: Missouri law sets a statutory fee schedule for attorneys and personal representatives based on the value of the estate (e.g., roughly 5% on the first $5,000, 4% on the next $20,000, etc.), though this can be modified by the will or agreement.
This guide provides an informational overview of the Daviess 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 Daviess County, Probate Division
Probate matters in Daviess County are handled at the Daviess County Courthouse.
Address: 102 N. Main St., Gallatin, MO 64640
Phone: (660) 663-3300 ext. 2 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is part of the 43rd Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Public parking is available around the courthouse square in downtown Gallatin. 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.
- Refusal of Letters: For surviving spouses or unmarried minor children, if the estate is small (statutory allowances apply), the court may grant a "Refusal of Letters" to transfer assets immediately.
- 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 with the Circuit Court of Daviess County. Include:
- Petition for Probate of Will and/or Letters Testamentary/Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $150–$250 for full estates)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file. Pro se litigants may file in paper at the clerk's office.
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 Daviess County, such as the Gallatin North Missourian, once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If approved, the judge issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
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
Daviess County-Specific Procedures
- E-filing: Attorneys are mandated to e-file through the Missouri eFiling system. Self-represented litigants may file paper documents.
- Bond requirements: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Publication: Notice is typically published in the Gallatin North Missourian.
- Local Rules: The 43rd Judicial Circuit may have specific local rules regarding scheduling and form formatting.
Always check with the Circuit Clerk for the most current local filing requirements.
Timeline & Fees
Filing Fees (Daviess County)
Note: Fees are subject to change. Contact the Circuit Clerk for the exact current schedule.
- Full Estate (Letters): approximately $150–$250
- Small Estate Affidavit: approximately $65–$85
- Will Admit Only: approximately $75
- Publication costs: approximately $100–$150 (paid directly to the newspaper)
- Certified copies: ~$1.50 per page + certification fee
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate: 30-45 days (minimum 30-day waiting period after death).
- Simple estates: 6-9 months (statutory 6-month creditor claim period).
- Complex or contested estates: 12 months to 2+ years.
The 6-month creditor claim period is a hard statutory minimum for full administration.
Local Resources
Daviess County Court Resources
- Court Website: daviesscountymo.gov
- Case Search (Case.net): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Aid of Western Missouri: (816) 474-6750 — lawmo.org
Publication
- Gallatin North Missourian: (660) 663-2154 — gallatinnorthmissourian.com