Overview
Madison County is located in Missouri with a population of approximately 12,852. The Circuit Court of Madison 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, Chapter 473 of the Missouri Revised Statutes. The process begins with filing a Petition for Letters Testamentary or Administration 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 allows for a "Small Estate Affidavit" process for estates valued at $40,000 or less. This avoids full probate administration.
Missouri law sets statutory fees for personal representatives and attorneys based on the value of the estate (percentage-based).
This guide provides an informational overview of the Madison 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
Circuit Court of Madison County, Probate Division
Probate matters in Madison County are handled at the Madison County Justice Center.
Address: 3 Court Square, Fredericktown, MO 63645
Phone: (573) 783-2176 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the 24th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Public parking is available around the courthouse square and on nearby streets.
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 and encumbrances), you may file a small estate affidavit 30 days after death.
- Non-Probate Transfers: Assets with beneficiary designations (e.g., POD/TOD accounts, life insurance) or held in joint tenancy bypass probate.
- 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 Application for Letters Testamentary or Letters of Administration with the Circuit Court of Madison County, Probate Division. Include:
- Petition for Probate of Will (if applicable)
- Original Will (if testate)
- Certified copy of death certificate
- Filing fee (approximately $150-$200; verify with clerk)
- List of heirs and addresses
Missouri courts generally use the Case.net e-filing system, but pro se litigants may file in person.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Madison County for four consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims barred 6 months after first publication)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Madison County-Specific Procedures
- E-filing: Attorneys are generally required to e-file via the Missouri Case.net system.
- Bond: Personal representatives must post bond unless waived by the will or all heirs.
- Local Rules: Consult the 24th Judicial Circuit local rules for specific procedural requirements.
- Publication: Notice must be published in a newspaper of general circulation in Madison County for four consecutive weeks.
The 24th Judicial Circuit may have specific local rules regarding hearing schedules and filing formats.
Timeline & Fees
Filing Fees (Madison County)
- Letters Testamentary/Administration: approximately $150-$200
- Small Estate Affidavit: approximately $65
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Sheriff service fees: varies
Missouri statutory executor fees are calculated on a sliding scale: 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.
Payment Methods
The court accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 6 months from the date of first publication, which sets a minimum duration for formal probate.
Local Resources
Madison County Court Resources
- Court Website: courts.mo.gov
- Probate Self-Help: Missouri Courts Probate Information
- Missouri Probate Forms: Probate Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — Lawyer Referral Service
- Legal Services of Southern Missouri: (800) 444-4863 — Legal Aid
- Missouri Lawyers Help: missourilawyershelp.org
Publication
- Democrat News: (573) 783-3311 — Local Newspaper
- Daily Journal: (573) 431-2010 — Regional Newspaper