Overview
Johnson County is located in Missouri with a population of approximately 55,900. The Circuit Court of Johnson 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.
For smaller estates, Missouri offers a Small Estate Affidavit procedure for estates valued at $40,000 or less (excluding liens and encumbrances). This simplified process can be used 30 days after death and avoids full probate administration.
Missouri law sets statutory fees for attorneys and personal representatives based on a percentage of the estate value (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), though additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Johnson 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
Johnson County Justice Center
Probate matters in Johnson County are handled at the Johnson County Justice Center.
Address: 101 W. Market St., Warrensburg, MO 64093
Phone: (660) 422-7413 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 17th Judicial Circuit. The Circuit Clerk's office accepts filings and processes probate documents.
Parking and Access
Public parking is available around the Justice Center and the historic courthouse square. Security screening is required for entry into 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 (net of liens), 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 Circuit Court of Johnson County. Include:
- Petition for Letters Testamentary or Administration
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $135-$150, varies by case type)
- List of heirs and interested parties
Electronic filing (eFiling) is mandatory for attorneys in Missouri courts.
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 Johnson County (e.g., Daily Star-Journal) 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, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months of 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 as needed
- Distribute assets to beneficiaries
- File a Statement of Account and Petition for Distribution to close the estate
Local Requirements
Johnson County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Missouri eFiling system. Self-represented litigants may file in paper.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or all heirs/beneficiaries.
- Local court rules: The 17th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice is typically published in the Daily Star-Journal or another approved county newspaper.
Always check with the Circuit Clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Johnson County)
- Petition for Letters: approximately $135.00
- Small Estate Affidavit: approximately $35.00 - $50.00
- Certified copies: approximately $1.50 - $3.00 per copy
- Publication costs: approximately $125 - $200 depending on the newspaper
- Sheriff service fees: varies by location
Note: Fees are subject to change. Contact the Circuit Clerk for the current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, money orders, and credit/debit cards (with a convenience fee). Personal checks may not be accepted for new case filings.
Estimated Timelines
- Small Estate: 30-60 days (minimum 30-day waiting period)
- Simple estates: 6-9 months (statutory 6-month creditor period)
- Complex or contested estates: 12 months to 2 years or more
The timeline is largely dictated by the mandatory 6-month period for creditors to file claims against the estate.
Local Resources
Johnson County Court Resources
- Court Website: jococourthouse.com
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- Missouri Bar Lawyer Referral Service: mobar.org
- Legal Aid of Western Missouri: (816) 474-6750 — lawmo.org
Publication
- Daily Star-Journal: (660) 747-8123 — warrensburgstarjournal.com