Overview
Maries County is located in Missouri with a population of approximately 8,506. The Maries 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, Chapter 473 of the Missouri Revised Statutes. The process begins with filing an Application for Letters 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: Missouri offers a Small Estate Affidavit for estates valued at $40,000 or less (excluding liens and encumbrances). This can be filed 30 days after death. There is also a Refusal of Letters process for surviving spouses or unmarried minor children to claim exempt property.
Fee Structure: Missouri law establishes a minimum compensation 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 million
This guide provides an informational overview of the Maries 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
Maries County Circuit Court, Probate Division
Probate matters in Maries County are handled at the Maries County Courthouse.
Address: 211 4th St, Vienna, MO 65582 (Mailing: PO Box 205)
Phone: (573) 422-3338 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 25th Judicial Circuit. The Circuit Clerk's office accepts filings and maintains probate records.
Parking and Access
Free street parking is generally available around the courthouse square in Vienna. 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 30 days after death to transfer assets without full probate.
- Refusal of Letters: A surviving spouse or unmarried minor child may petition to refuse letters if the estate value does not exceed 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 Maries County Circuit Court. Include:
- Application for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165, varies by estate value)
- Corporate surety bond (unless waived by will or court)
Note: Attorneys are generally required to file electronically via the Missouri eFiling system (Case.net).
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 Maries County (such as the Maries County Advocate) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If approved, the judge issues Letters Testamentary (if there is a will) or Letters of Administration (if no will), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (creditors have 6 months to file claims)
- Inventory and appraise all 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
- File a final settlement and petition for discharge
Local Requirements
Maries County-Specific Procedures
- E-filing: Attorneys must file documents electronically through the Missouri Case.net system. Pro se litigants may file paper documents at the clerk's office.
- Bond requirements: A bond is typically required for personal representatives unless the will explicitly waives it or all heirs consent to a waiver (and the court approves).
- Local court rules: The 25th Judicial Circuit rules apply to all proceedings.
- Publication: Notice must be published in a newspaper of general circulation in Maries County for four consecutive weeks.
Always check with the Circuit Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Maries County)
- Opening a Full Estate: approximately $165 (base fee, varies by estate value)
- Small Estate Affidavit: approximately $70 - $75
- Certified copies of Letters: approximately $1.50 per page plus certification fee
- Publication costs: approximately $100-$150 depending on the newspaper
- Claims: Fees apply for filing claims against the estate
Note: Fees are subject to change. Contact the Circuit Clerk at (573) 422-3338 for exact amounts.
Payment Methods
The court accepts cash, money orders, or cashier's checks. Personal checks are often not accepted. 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: 1 year to 2 years
The statutory creditor claim period in Missouri is 6 months from the date of first publication, which sets a minimum duration for full administration.
Local Resources
Maries County Court Resources
- Court Website: mariescountymo.gov
- Probate Self-Help: Missouri Courts Help
- Missouri Probate Forms: State Court Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — Lawyer Referral Service
- Mid-Missouri Legal Services: (573) 442-0116 — Legal assistance for eligible low-income residents
- Missouri Lawyers Help: missourilawyershelp.org
Publication
- Maries County Advocate: (573) 859-3323 — Newspaper of general circulation