Overview
Hickory County is located in Missouri with a population of approximately 8,766. The Circuit Court of Hickory 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. 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 Small Estate Affidavit procedure if the entire estate, less liens and encumbrances, does not exceed $40,000. This allows for the transfer of assets without full probate administration.
Missouri law sets statutory compensation for attorneys and personal representatives based on a percentage of the estate's 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, and 2% on amounts over $1 million.
This guide provides an informational overview of the Hickory 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 Hickory County, Probate Division
Probate matters in Hickory County are handled at the Hickory County Courthouse.
Address: 23645 Polk Street, Suite 201, Hermitage, MO 65668
Phone: 417-745-6421 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 30th Judicial Circuit. The Circuit Clerk's office accepts filings and maintains probate records.
Parking and Access
Public parking is available around the courthouse square in Hermitage. The building is accessible to the public during business hours, with security screening at the entrance.
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 an affidavit 30 days after death to collect assets without full administration.
- 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 Letters Testamentary or Petition for Letters of Administration with the Circuit Court of Hickory County. Include:
- Petition for Probate of Will and/or Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $148.50 - $183.50 depending on the petition)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file.
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 Hickory County (such as The Index) 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 on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months from the date 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
Hickory County-Specific Procedures
- E-filing: Attorneys are mandated to file electronically via the Missouri eFiling system. Self-represented litigants may file in paper.
- 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 30th Judicial Circuit may have specific local rules regarding scheduling and document formatting.
- Publication: Notice is typically published in The Index (Hermitage Index).
Always check with the Circuit Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Hickory County)
- Decedent Estate (Intestate): approximately $148.50
- Decedent Estate (Testate): approximately $183.50
- Small Estate Affidavit: approximately $68.50 - $70.50
- Admit Will Only: approximately $70.50
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified copies: approximately $1.50 per page + certification fee
Statutory Attorney/Executor Fees (Missouri)
Missouri law (RSMo 473.153) sets minimum fees based on 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
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Small Estate Affidavit: 30-60 days
- Simple estates (Independent Administration): 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2 years
The statutory creditor claim period in Missouri is 6 months from the date of first publication of notice.
Local Resources
Hickory County Court Resources
- Court Website: https://hickorycomo.net/circuit-clerk/
- Case.net (Case Search): 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 — Resources for the public
- Legal Services of Southern Missouri: 417-881-1397 — Legal aid for qualifying low-income residents
- Missouri Lawyer Referral Service: https://missourilawyershelp.org
Publication
- The Index (Hermitage Index): 417-745-6404 — Newspaper of general circulation