Overview
Howell County is located in the south-central Missouri Ozarks with a population of approximately 40,762. The Howell County Circuit Court (Associate Division) handles all probate and estate matters for decedents who were domiciled in the county at the time of death. West Plains, the county seat, is the largest city in the region and serves as a commercial hub for the southern Missouri Ozarks.
Missouri probate is governed by Chapters 472-475 of the Revised Statutes of Missouri. In Missouri, the Circuit Court's Associate Division (commonly called the Probate Division) has jurisdiction over estate administration. The process begins with filing a Petition for Letters Testamentary (testate) or a Petition for Letters of Administration (intestate). The court then issues the appropriate Letters to authorize the personal representative.
Missouri offers a simplified procedure for small estates. If the total estate value does not exceed $40,000 (excluding liens, debts, and encumbrances), heirs may file a Small Estate Affidavit to collect assets without full probate administration. If the affidavit property exceeds $15,000, the clerk is required to publish a notice to creditors in a newspaper.
Missouri uses a statutory fee schedule for personal representative compensation based on the value of the estate's personal property: 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 $1,000,000.
This guide provides an informational overview of the Howell 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
Howell County Circuit Court
Probate matters in Howell County are handled at the Howell County Courthouse on the historic Courthouse Square in West Plains.
Address: 1 Court Square, West Plains, MO 65775
Phone: (417) 256-3741 (Circuit Clerk); (417) 256-4050 (Associate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Howell County is part of the 37th Judicial Circuit, which also includes Oregon and Shannon Counties. Probate hearings are held on the second and fourth Thursday of each month at 9:00 AM. The Circuit Clerk's office processes all probate filings.
Parking and Access
Free public parking is available around the Courthouse Square in downtown West Plains. Street parking and nearby lots provide convenient access. The building is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's total value is $40,000 or less (excluding liens and debts), you may file a Small Estate Affidavit to collect assets without full administration.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving owner.
- Transfer-on-Death (TOD): Missouri allows TOD designations for vehicles, real property, and financial accounts that bypass probate.
- 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 Howell County Circuit Court (Associate Division). Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Letters (state-provided form)
- Filing fee (approximately $70 - $155)
- List of heirs and beneficiaries with addresses
Missouri provides official probate forms at courts.mo.gov.
Step 3: Provide Notice
After filing, you must:
- Publish notice to creditors in a newspaper of general circulation in Howell County, such as the West Plains Daily Quill or the Howell County News.
- Mail notice to known creditors and interested persons.
Step 4: Attend the Hearing
Probate hearings in Howell County are held on the second and fourth Thursday of each month at 9:00 AM. The judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Bond may be required unless waived.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow creditors a claims period (varies by notice type; typically 6 months from date of first published notice or 2 months from date of mailed notice).
- 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 Final Settlement and petition for discharge.
Local Requirements
Howell County-Specific Procedures
- Probate Docket: Probate hearings are held on the second and fourth Thursday of each month at 9:00 AM. Schedule your filings accordingly.
- 37th Judicial Circuit: Howell County shares the 37th Judicial Circuit with Oregon and Shannon Counties. Local rules for the circuit apply.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or by all beneficiaries.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Howell County, such as the West Plains Daily Quill.
- Filing Forms: Missouri provides standardized probate forms at courts.mo.gov. Use these forms to ensure compliance with state requirements.
Always check with the Circuit Clerk for the most current local rules and fee schedules before filing.
Timeline & Fees
Filing Fees (Howell County)
- Petition for Letters (opening an estate): approximately $70 - $155 (varies by petition type)
- Small Estate Affidavit: approximately $25 - $50
- Publication of Notice: approximately $75 if total assets exceed $15,000
- Certified copies: approximately $2.00 per page
- Publication costs: approximately $75 - $200 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Clerk at (417) 256-3741 for exact current amounts.
Payment Methods
The court accepts cash, checks, and money orders. Contact the Circuit Clerk to confirm whether credit/debit cards are accepted and any applicable convenience fees.
Estimated Timelines
- Simple estates: 6 - 10 months
- Average estates: 10 - 14 months
- Complex or contested estates: 1 - 3 years
Missouri requires a minimum creditor claim period that must expire before final distribution. The inventory must be filed within 30 days of appointment.
Local Resources
Howell County Court Resources
- Howell County Circuit Clerk: howellcounty.net/circuit-clerk
- Howell County Government: howellcounty.net
- Missouri Probate Forms: courts.mo.gov
- 37th Judicial Circuit Local Rules: courts.mo.gov
Legal Aid and Attorney Referrals
- Legal Aid of Western Missouri: (417) 862-1700 — Free legal services for qualifying low-income residents
- Missouri Bar Lawyer Referral: (573) 636-3635 — mobar.org
- Ozarks Area Community Action Corporation: Provides community resources and referrals in the West Plains area
Publication
- West Plains Daily Quill: (417) 256-9191 — Daily newspaper serving Howell County, publishes legal notices
- Howell County News: Local newspaper also serving the county