Overview
Greene County is located in Missouri with a population of approximately 308,000. The Greene 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 Missouri Revised Statutes, Title XXXI, Chapter 473. 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 procedure for estates valued at $40,000 or less (less liens and encumbrances). This process, known as an Affidavit to Establish Title of Distributee, allows heirs to collect assets without full probate administration. If the estate value exceeds $15,000, publication of notice to creditors is required.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate:
- 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 Greene 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
Greene County Circuit Court, Probate Division
Probate matters in Greene County are handled at the Greene County Judicial Courts Facility.
Address: 1010 N. Boonville Ave, Springfield, MO 65802
Phone: (417) 868-4027 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 31st Judicial Circuit. It is located in the main courts facility in downtown Springfield.
Parking and Access
Public parking is available in the lot directly across the street (on the west side of Boonville Avenue) and in the lot to the north of the court building. Security screening is required upon entry; cell phones may be restricted or require silencing.
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 to Establish Title of Distributee.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate is small (statutory allowances apply), allowing assets to pass directly to them.
- 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 Testamentary or Petition for Letters of Administration with the Greene County Probate Division. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (deposit)
- Information for Heirs and Devisees
- Proposed Order Appointing Personal Representative
E-Filing: Attorneys are required to file documents electronically through the Missouri eFiling system. Self-represented litigants may file in person or by mail.
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 Greene County (e.g., Springfield News-Leader or Daily Events) once a week 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:
- Notify creditors: Creditors have 6 months from the date of first publication to file claims.
- 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 Distribution to close the estate.
Local Requirements
Greene County-Specific Procedures
- E-Filing: Mandatory for all attorneys via the Missouri Courts eFiling system.
- Local Court Rules: Local Rule 72 governs probate procedures; verify specific notice and hearing requirements with the clerk.
- Bond Requirements: A bond is typically required for personal representatives unless waived by the will or all distributees.
- Publication: Notice must be published in a newspaper of general circulation in Greene County for four consecutive weeks.
The court requires strict adherence to statutory timelines for inventories and settlements. Failure to file on time can result in citations or removal of the personal representative.
Timeline & Fees
Filing Fees (Greene County)
- Full Estate Administration (Deposit): approximately $760.00 (covers filing and estimated publication/costs)
- Small Estate Affidavit: approximately $70.00 - $150.00 (varies based on value and publication needs)
- Will Admit Only: approximately $70.50
- Certified Copies: approximately $1.50 per page + certification fee
- Publication costs: approximately $150-$200 (paid to newspaper, often included in deposit)
Note: Fees are subject to change. The $760 is typically a deposit from which actual costs are deducted.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply). Checks should be made payable to the "Greene County Circuit Clerk."
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a statutory minimum for formal administration.
Local Resources
Greene County Court Resources
- Court Website: greenecountycourts.org
- Probate Forms: greenecountycourts.org/deceased-probate-forms
- Missouri Case.net: courts.mo.gov/casenet
Legal Aid and Attorney Referrals
- Springfield Metropolitan Bar Association: (417) 831-2783 — springfieldbar.com
- Legal Services of Southern Missouri: (417) 881-1397 — lsosm.org
- The Missouri Bar Lawyer Referral Service: missourilawyershelp.org
Publication
- Springfield News-Leader: (417) 836-1100 — Major daily newspaper
- Daily Events: (417) 866-1400 — Legal newspaper