Overview
Macon County is located in Missouri with a population of approximately 15,177. The Macon 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 the Missouri Revised Statutes (Chapters 473-475). 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.
Missouri offers a simplified procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, a Small Estate Affidavit (Affidavit for Collection of Small Estate) may be filed 30 days after death to transfer assets without full probate administration.
Missouri law sets statutory compensation 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
- 2% on amounts over $1,000,000
This guide provides an informational overview of the Macon 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
Macon County Circuit Court, Probate Division
Probate matters in Macon County are handled at the Macon County Courthouse.
Address: 101 E. Washington St., Macon, MO 63552
Phone: (660) 385-4631 (Circuit Clerk)
Hours: Contact the Circuit Clerk's office for current hours
The Probate Division is part of the 41st Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available around the courthouse square and on nearby streets. 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 an Affidavit for Collection of Small Estate 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate value is within certain statutory limits (e.g., spousal 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 Testamentary or Petition for Letters of Administration with the Macon County Circuit Court. Include:
- Petition for Probate of Will and/or Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $150-$250 depending on the petition type)
- List of heirs and interested parties
Missouri courts utilize the Case.net system; attorneys are generally required to e-file.
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 Macon County (such as the Macon County Home Press) 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 the 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
Macon County-Specific Procedures
- E-filing: Missouri utilizes the statewide e-filing system (Case.net). Attorneys are mandated to e-file; self-represented litigants may file in paper.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper, such as the Macon County Home Press.
- Local Rules: The 41st Judicial Circuit may have specific local rules regarding scheduling and document formatting. Check with the clerk for specifics.
Timeline & Fees
Filing Fees (Macon County)
- Full Decedent's Estate: approximately $150-$250 (varies by specific petition and publication costs)
- Small Estate Affidavit: approximately $65-$105 (plus publication if value exceeds $15,000)
- Will Contest: approximately $100-$150
- Certified copies: approximately $1.50 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Clerk at (660) 385-4631 for the current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claim period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The timeline is largely dictated by the mandatory 6-month creditor claim period in Missouri.
Local Resources
Macon County Court Resources
- Court Website: maconcountymo.com
- Missouri Case.net: courts.mo.gov/casenet
- Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (800) 444-0514 — lsem.org
Publication
- Macon County Home Press: (660) 385-2121 — maconhomepress.com