Overview
Howard County is located in Missouri with a population of approximately 10,151. The Circuit Court of Howard 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 (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: For estates valued at $40,000 or less (excluding liens and encumbrances), Missouri offers a simplified "Small Estate Affidavit" procedure. This can be filed 30 days after death and avoids full probate administration.
Statutory Fees: Missouri law sets minimum 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
- 2% on amounts over $1 million
This guide provides an informational overview of the Howard 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
Howard County Courthouse
Probate matters in Howard County are handled at the Howard County Courthouse.
Address: 1 Courthouse Square, Fayette, MO 65248
Phone: (660) 248-2194 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is part of the 14th 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 generally available around the Courthouse Square in downtown Fayette. The building is accessible, but visitors requiring special assistance should contact the clerk's office in advance.
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 a small estate affidavit 30 days after death.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition to refuse letters if the estate value does not exceed the statutory allowance.
- 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 Circuit Court. Include:
- Petition for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $150-$200)
- List of heirs and interested parties
E-filing is mandatory for attorneys in Missouri courts via the Missouri eFiling System. 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 Howard County (e.g., The Fayette Advertiser) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to admit the will and appoint the personal representative. Upon approval, the clerk issues Letters Testamentary or Letters of Administration, granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims are generally barred 6 months after 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.
- Distribute assets to beneficiaries.
- File a Statement of Account and Petition for Distribution to close the estate.
Local Requirements
Howard County-Specific Procedures
- Judicial Circuit: Howard County is part of the 14th Judicial Circuit.
- E-Filing: Attorneys are required to e-file documents. Self-represented litigants may file paper documents at the Circuit Clerk's office.
- Bond: A bond is typically required for personal representatives unless waived by the will or all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in The Fayette Advertiser or Democrat-Leader.
Always check with the Circuit Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Howard County)
Note: Fees are subject to change. Contact the Circuit Clerk for the exact current schedule.
- Full Estate Administration: approximately $150.00 - $200.00
- Small Estate Affidavit: approximately $70.00 - $80.00
- Will Admittance Only: approximately $60.00 - $70.00
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
- Certified copies: ~$1.50 per page + certification fee
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates: 6-12 months (minimum 6 months for creditor claim period)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to several years
The timeline is largely dictated by the 6-month creditor claim period in Missouri, which begins after the first publication of notice.
Local Resources
Howard County Court Resources
- Court Website: courts.mo.gov
- Case Search (Case.net): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/forms
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 Fayette Advertiser / Democrat-Leader: (660) 248-2235 — fayettenewspapers.com