Overview
Henry County is located in Missouri with a population of approximately 22,575. The Henry 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 (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 procedure for estates valued at $40,000 or less (less liens and encumbrances). This process, known as an Affidavit for Collection of Small Estate, can be filed 30 days after death and is significantly faster and less expensive than formal probate.
Attorney Fees: Missouri law sets a statutory minimum fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold.
This guide provides an informational overview of the Henry 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
Henry County Circuit Court, Probate Division
Probate matters in Henry County are handled at the Henry County Courthouse.
Address: 100 W Franklin St, Clinton, MO 64735
Phone: (660) 885-7242 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is part of the 27th Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available around the courthouse square in downtown Clinton. Security screening is required for entry into the courthouse 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 (net value), 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 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 Letters Testamentary or Letters of Administration with the Henry County Circuit Court. Include:
- Petition for Probate of Will and/or Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $135.00)
- List of heirs and interested parties
E-Filing: Missouri courts, including Henry County, utilize the Case.net electronic filing system. Attorneys are required to e-file; self-represented litigants may be able to file in paper but should check with the clerk.
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 Henry County (such as The Henry County Democrat) 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (if not already done)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims (creditors have 6 months from first publication to file claims)
- 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
Henry County-Specific Procedures
- E-filing: The 27th Judicial Circuit uses the Missouri e-filing system.
- Bond requirements: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Local court rules: The 27th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice is typically published in The Henry County Democrat or The Clinton Daily Democrat.
Always check with the Probate Clerk for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Henry County)
- Letters Testamentary / Administration: approximately $133.50
- Small Estate Affidavit: approximately $53.50 - $70.00
- Determination of Heirship: approximately $68.50
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified copies: approximately $1.50 per page + certification fee
Note: Fees are subject to change. Contact the Circuit Clerk for the exact current fee schedule.
Statutory Fee Schedule (Missouri)
Missouri law (RSMo 473.153) sets minimum fees for attorneys and personal representatives based on 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 everything over $1 million
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Small Estate: 1-2 months (30-day waiting period before filing)
- Simple estates (independent administration): 6-9 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Missouri is 6 months from the date of first publication, which sets a minimum duration for formal administration.
Local Resources
Henry County Court Resources
- Court Website: henrycomo.com/circuit-court
- Missouri Case.net: www.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
- The Henry County Democrat: (660) 885-2281 — clintondailydemocrat.com