Overview
DeKalb County is located in Missouri with a population of approximately 9,884. The DeKalb 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. 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.
Missouri offers a simplified procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, a Small Estate Affidavit may be filed 30 days after the decedent's death. This avoids 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 DeKalb 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
DeKalb County Circuit Court, Probate Division
Probate matters in DeKalb County are handled at the DeKalb County Courthouse.
Address: 109 W Main St, PO Box 248, Maysville, MO 64469
Phone: (816) 449-2602 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 43rd Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Maysville. 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 (less liens and encumbrances), you may file a small estate affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may refuse letters if the estate value is not greater than the exempt property and allowance for support.
- 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 Probate of Will and/or Letters Testamentary or Petition for Letters of Administration with the DeKalb County Circuit Court. Include:
- Petition for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $135–$200, varies by estate type)
- List of heirs and interested parties
Missouri courts utilize an electronic filing system (Case.net) for attorneys. Pro se litigants may file in paper.
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 DeKalb County (such as the DeKalb County Record-Herald) 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 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
DeKalb County-Specific Procedures
- Local Court Rules: DeKalb County is part of the 43rd Judicial Circuit. Local rules may apply regarding scheduling and form requirements.
- Bond: A bond is generally required for personal representatives unless waived in the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper like the DeKalb County Record-Herald.
- Settlement: Annual settlements are typically required if the estate remains open longer than one year.
Always check with the Circuit Clerk for the most current local filing requirements.
Timeline & Fees
Filing Fees (DeKalb County)
- Opening a Decedent's Estate: approximately $135–$200 (varies by estate value and type)
- Small Estate Affidavit: approximately $65–$100
- Certified copies: approximately $1.50–$3.00 per page/certification
- Publication costs: approximately $100–$200 (paid directly to newspaper)
Note: Fees are subject to change. Contact the Circuit Clerk at (816) 449-2602 for the current fee schedule.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Small Estate: Can be settled in roughly 30-60 days (after 30-day waiting period).
- Independent Administration: Typically 6-9 months (minimum 6-month creditor period).
- Supervised Administration: 9-12 months or longer depending on complexity.
Factors affecting timeline include the 6-month creditor claim period, tax filings, and any disputes among heirs.
Local Resources
DeKalb County Court Resources
- Court Website: https://www.dekalbcountymo.com/circuit-clerk.html
- Missouri Case.net: https://www.courts.mo.gov/casenet
- Missouri Probate Forms: https://www.courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — https://mobar.org
- Legal Aid of Western Missouri: (816) 474-6750 — Provides legal assistance to low-income residents.
Publication
- DeKalb County Record-Herald: (816) 449-2111 — Newspaper of general circulation for probate notices.