Overview
Miller County is located in Missouri with a population of approximately 24,722. The Circuit Court of Miller 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 Chapters 472–475 of the Missouri Revised Statutes. 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.
Small Estate Affidavit: Missouri offers a simplified procedure for estates valued at $40,000 or less (excluding liens and encumbrances). This process, known as a "Small Estate Affidavit," allows heirs to collect assets without full probate administration after a 30-day waiting period.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold.
This guide provides an informational overview of the Miller 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 Miller County, Probate Division
Probate matters in Miller County are handled at the Miller County Courthouse.
Address: 2001 Highway 52, Tuscumbia, MO 65082
Phone: (573) 369-1980 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 26th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse. 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, you may file a small estate affidavit 30 days after death.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition to refuse letters if the estate value does not exceed the statutory allowance.
- 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 with the Miller County Circuit Clerk. Include:
- Petition for Probate of Will and/or Letters Testamentary/Administration
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $200.00)
- List of heirs and interested parties
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 Miller County (e.g., The Advertiser or The Autogram-Sentinel) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, 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 (if not already done) to start the 6-month claims period.
- 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 discharge to close the estate.
Local Requirements
Miller County-Specific Procedures
- Filing Fees: The base deposit for full estates is typically $200.00. Small estate affidavits may have lower fees; contact the clerk for the exact amount.
- Bond: A bond is generally required for personal representatives unless waived by the will or all heirs.
- Publication: Notice is typically published in The Advertiser (Eldon) or The Autogram-Sentinel (Tuscumbia).
- Local Rules: The 26th Judicial Circuit may have specific local rules regarding e-filing and courtroom conduct. Check with the clerk for the most current protocols.
Timeline & Fees
Filing Fees (Miller County)
- Full Estate Deposit: approximately $200.00
- Small Estate Affidavit: approximately $70.00 - $105.00 (varies)
- Certified copies: approximately $1.50 - $5.00 per copy
- Publication costs: approximately $100.00 - $200.00 depending on the newspaper
Statutory Executor/Attorney Fees (Missouri):
- 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
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may not be accepted. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate: 1-2 months (after 30-day waiting period)
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
Local Resources
Miller County Court Resources
- Court Website: millercountymo.gov
- Missouri Case.net: courts.mo.gov/casenet
- Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (800) 444-4863 — lsosm.org
Publication
- The Advertiser (Eldon): (573) 392-5658
- The Autogram-Sentinel: (573) 369-2313