Overview
Lewis County is located in Missouri with a population of approximately 10,032. The Circuit Court of Lewis 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 Missouri Revised Statutes, Chapters 472 through 475. The process begins with filing an Application for Letters Testamentary (if there is a will) or Application 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.
Simplified Procedures:
- Small Estate Affidavit: Available if the value of the entire estate, less liens and encumbrances, does not exceed $40,000.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition the court to refuse letters of administration if the estate value is not greater than the exempt property and statutory allowance they are entitled to.
Statutory Fees:
Missouri law sets a statutory fee schedule for attorneys and personal representatives based on the value of the estate:
- 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 $1,000,000
This guide provides an informational overview of the Lewis 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
Lewis County Courthouse
Probate matters in Lewis County are handled at the Lewis County Courthouse.
Address: 100 E. Lafayette, Monticello, MO 63457
Phone: (573) 767-5352 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (verify with clerk)
The Probate Division is part of the 2nd Judicial Circuit. The Circuit Clerk's office, led by Circuit Clerk Julie George, accepts filings and manages probate records.
Parking and Access
Monticello is a small community, and free street parking is generally available around the courthouse square. The building is accessible to the public during business hours.
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 an affidavit to collect assets without full probate administration.
- Refusal of Letters: A surviving spouse or unmarried minor child may file to refuse letters if the estate is small (typically covering statutory allowances).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Letters with the Circuit Court of Lewis County. Include:
- Application for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (varies by estate value, typically starting around $150)
- List of heirs and interested parties
Missouri courts utilize the Case.net system. Attorneys are generally required to e-file documents.
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 Lewis County (such as the Press-News Journal) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the application. If approved, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: A notice to creditors is published, and the claim period remains open for 6 months from the date of first publication.
- Inventory and appraise: File a complete inventory of 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 according to the will or state intestacy laws.
- File a Final Settlement and petition for discharge to close the estate.
Local Requirements
Lewis County-Specific Procedures
- E-filing: Lewis County participates in the Missouri e-filing system. Attorneys should file via the state's electronic portal.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice of Letters must be published in a local newspaper, such as the Press-News Journal.
- Local Rules: The 2nd Judicial Circuit may have specific local rules regarding scheduling and document formatting; check with the clerk for specifics.
Timeline & Fees
Filing Fees (Lewis County)
Fees are subject to change. Contact the Circuit Clerk for the most current schedule.
- Small Estate Affidavit: approximately $70.00
- Opening Formal Estate: approximately $155.00 (base fee, may increase based on estate value)
- Refusal of Letters: approximately $68.50
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
- Certified copies: approximately $1.50 - $5.00 per copy
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted for e-filing or 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 or more
The 6-month creditor claim period is a mandatory statutory minimum for formal administration.
Local Resources
Lewis County Court Resources
- Court Website: lewiscountymo.org
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (314) 534-4200 — Provides legal assistance to low-income residents.
Publication
- Press-News Journal: (573) 288-5668 — Newspaper of general circulation in Lewis County.