Overview
Franklin County is located in Missouri with a population of approximately 107,000. The Franklin 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 the Missouri Revised Statutes, specifically Chapters 472 through 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.
For smaller estates, Missouri offers a simplified procedure known as the Small Estate Affidavit. This is available if the value of the entire estate, less liens and encumbrances, does not exceed $40,000. This process is significantly faster and less expensive than full probate administration.
Missouri law provides for a statutory fee schedule for attorneys and personal representatives based on a percentage of the estate's value (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), though reasonable compensation may also be determined by the court.
This guide provides an informational overview of the Franklin 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
Franklin County Circuit Court, Probate Division
Probate matters in Franklin County are handled at the Franklin County Judicial Center.
Address: 401 East Main St., Room 100A, Union, MO 63084
Phone: (636) 583-7391 (Circuit 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 20th Judicial Circuit. The Circuit Clerk's office accepts filings and handles administrative matters for probate cases.
Parking and Access
Public parking is available around the Judicial Center and in designated lots in downtown Union. Visitors pass through security screening upon entering the building.
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 qualify for this simplified process.
- Refusal of Letters: Available for surviving spouses or unmarried minor children if the estate value is not greater than the exempt property and statutory allowances.
- 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/Administration with the Franklin County Circuit Court. Include:
- The original will (if applicable)
- Certified death certificate
- Filing fee (typically varies by estate value)
- Information about heirs and beneficiaries
Attorneys are generally required to file documents electronically via the Missouri e-filing system (Case.net).
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 Franklin County (such as The Missourian) 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, 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)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims and 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
Franklin County-Specific Procedures
- E-filing: Franklin County is an e-filing court. Attorneys must file via the Missouri Case.net system. Self-represented litigants may file in paper but are encouraged to check with the clerk.
- Local Rules: The 20th Judicial Circuit may have specific local rules regarding probate dockets and filing requirements.
- Publication: Notice to creditors must be published in an approved newspaper of general circulation within the county, such as The Missourian or the Franklin County Record.
Always check with the Circuit Clerk's office for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Franklin County)
- Small Estate Affidavit: approximately $65 - $105 (fees vary based on publication requirements)
- Full Estate Administration: approximately $150 - $250 (initial deposit; total costs depend on estate value and publication)
- Certified copies: approximately $1.50 + $1.00 per page
- Publication costs: approximately $100 - $200 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Clerk at (636) 583-7391 for the current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and major credit/debit cards (Visa, Mastercard, Discover, American Express). A convenience fee applies to card payments.
Estimated Timelines
- Small Estate: 30-60 days (statutory waiting period of 30 days after death before affidavit can be filed)
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
The timeline is largely dictated by the mandatory 6-month creditor claim period in Missouri.
Local Resources
Franklin County Court Resources
- Court Website: franklinmo.org/circuit-court-clerk
- Missouri 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 Services of Eastern Missouri: (314) 534-4200 — lsem.org
Publication
- The Missourian: (636) 239-7701 — Newspaper of general circulation in Washington/Franklin County
- Franklin County Record: (636) 583-2515 — Published in Union, MO