Overview
Laclede County is located in Missouri with a population of approximately 36,738. The Laclede County 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, Chapters 472-475 of the Missouri Revised Statutes. The process begins with filing a Petition for Letters of Administration (if no will) or an Application 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.
For smaller estates, Missouri offers a Small Estate Affidavit procedure if the value of the estate (less liens and encumbrances) does not exceed $40,000. This process can be initiated 30 days after death and avoids full probate administration.
Missouri law sets statutory fees for personal representatives and attorneys 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 Laclede 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
Laclede County Circuit Court, Probate Division
Probate matters in Laclede County are handled at the Laclede County Government Center.
Address: 200 N Adams Ave, Lebanon, MO 65536
Phone: (417) 532-2471 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the 26th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Public parking is available around the Government Center and the nearby courthouse square. 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 is valued at $40,000 or less (excluding liens/debts), you may file a small estate affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children if the estate is under $20,000 (Spousal Refusal) or $15,000 (Creditor Refusal).
- 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 of Administration or Application for Probate of Will with the Laclede County Circuit Court. Include:
- Petition for Letters (Form 10020 or similar state form)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$150-$250)
- List of heirs and addresses
E-filing is mandatory for attorneys in Missouri courts via the Missouri eFiling System.
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 Laclede County (e.g., Laclede County Record) 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.
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
Laclede County-Specific Procedures
- E-filing: Attorneys are required to file electronically through the Missouri Courts eFiling system. Pro se litigants may file in paper.
- Bond requirements: A bond is generally required for personal representatives unless waived by the will or all heirs/beneficiaries.
- Local court rules: Laclede County is part of the 26th Judicial Circuit; check local court rules for specific procedural nuances.
- Publication: Notice is typically published in the Laclede County Record.
Always check with the Circuit Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Laclede County)
- Opening a Full Estate: approximately $150-$250 (varies by estate value)
- Small Estate Affidavit: approximately $60-$80
- Will Admitted (No Letters): approximately $70
- Certified copies of Letters: approximately $1.50 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Missouri statutes set minimum attorney and executor fees based on a percentage of the estate value (e.g., 3% on amounts between $25,000 and $100,000).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Missouri is 6 months from the date of first publication of notice.
Local Resources
Laclede County Court Resources
- Court Website: courts.mo.gov
- Probate Self-Help: Missouri Probate Guide (PDF)
- Missouri Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — Lawyer Referral Service
- Legal Services of Southern Missouri: (417) 881-1397 — Legal Aid
- Missouri Bar Lawyer Search: mobar.org
Publication
- Laclede County Record: (417) 532-9131 — Newspaper of general circulation