Overview
Jefferson County is located in Missouri with a population of approximately 231,888. The 23rd Judicial 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 of Administration (if no will) or a Petition for Probate of Will and Letters Testamentary (if there is a 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: If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, you may be able to use a simplified Small Estate Affidavit process. This can be filed 30 days after the decedent's death.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold:
* 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 Jefferson 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
23rd Judicial Circuit Court, Probate Division
Probate matters in Jefferson County are handled at the Jefferson County Courthouse.
Address: 300 Main Street, Hillsboro, MO 63050
Phone: (636) 797-5443 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 23rd Judicial Circuit. It is located in the main courthouse in Hillsboro. Security screening is required for entry.
Parking and Access
Public parking is available in lots surrounding the courthouse and on nearby streets. Allow extra time for security screening upon entering the 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, 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 is small (statutory allowances apply).
- 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 with the Probate Division. Attorneys must file electronically via the Missouri eFiling system. Include:
- Petition for Letters of Administration or Testamentary
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approx. $165.50 for full estates)
- Corporate surety bond (unless waived in the will or by heirs)
Note: Missouri requires attorneys for most formal probate matters.
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 Jefferson County (e.g., The Countian or Jefferson County Leader) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If approved, the judge 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:
- Publish notice to creditors (if not already done) — creditors have 6 months from the first date of publication to file claims.
- File an Inventory and Appraisement of 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 Final Settlement and petition for discharge after the 6-month claim period has expired.
Local Requirements
Jefferson County-Specific Procedures
- E-Filing: Attorneys are required to file documents electronically through the Missouri Courts eFiling system (Case.net). Self-represented litigants may file in paper but are encouraged to hire counsel.
- Local Rules: The 23rd Judicial Circuit has specific local rules regarding probate; consult the court's website or contact the Circuit Clerk for the most current local court rules.
- Publication: Notice is typically published in The Countian - Jefferson County or the Jefferson County Leader.
- Bond: A corporate surety bond is generally required unless the will waives it or all distributees agree to waive it (and the court approves).
Timeline & Fees
Filing Fees (Jefferson County)
- Decedent's Estate (Intestate/Testate): approximately $165.50 (base fee)
- Small Estate Affidavit: approximately $65.00 - $135.00 (varies by value/publication needs)
- Will Admittance (only): approximately $75.00
- Publication costs: approximately $150 - $200 (paid directly to newspaper)
- Certified copies: approximately $1.50 per page + certification fee
Note: Fees are subject to change. Check the current fee schedule with the Circuit Clerk.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Small Estate: 1-2 months (can be filed 30 days after death).
- Simple Uncontested Estate: 6-9 months (minimum 6 months for creditor claims).
- Complex or Contested Estate: 12 months to 2+ years.
The 6-month creditor claim period is a mandatory statutory waiting period for full administration.
Local Resources
Jefferson County Court Resources
- Court Website: Jefferson County Government
- Missouri Courts: Missouri Judicial Branch
- Missouri Probate Forms: Missouri Courts Forms
Legal Aid and Attorney Referrals
- The Missouri Bar Lawyer Referral Service: (573) 636-3635 — mobar.org
- Legal Services of Eastern Missouri: (314) 534-4200 — lsem.org
Publication
- The Countian - Jefferson County: (314) 421-1880
- Jefferson County Leader: (636) 931-7560