Overview
Montgomery County is located in Missouri with a population of approximately 11,322. The Circuit Court of Montgomery 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 of the Missouri Revisor of Statutes. The process begins with filing a Petition for Letters of Administration or Application for Probate of 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 may be filed 30 days after death to transfer assets without full probate administration.
Missouri law sets statutory compensation for attorneys and personal representatives 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 Montgomery 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 Montgomery County, Probate Division
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: 211 E. 3rd Street, Suite 301, Montgomery City, MO 63361
Phone: (573) 564-3348 (Probate Court) or (573) 564-3341 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 12th Judicial Circuit of Missouri. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Street parking is generally available around the courthouse square in Montgomery City. The building is accessible to the public during court 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 (less liens/debts), you may file a small estate affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may refuse letters if the estate value is not greater than the exempt property and 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 a Petition for Letters of Administration or Application for Probate of Will with the Circuit Court of Montgomery County. Include:
- Petition for Letters (Testamentary or of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically a deposit of ~$150-$200)
- List of heirs and addresses
Missouri courts utilize the Case.net system, and e-filing is mandatory for attorneys in many circuits. Check with the clerk for pro se filing requirements.
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 Montgomery County, such as the Montgomery Standard, once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition and, if approved, issue Letters Testamentary (if there is a will) or Letters of Administration (if no will). This grants 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) — creditors have 6 months from the date of first publication to file claims.
- 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
Montgomery County-Specific Procedures
- E-filing: Missouri courts, including the 12th Circuit, use the Missouri e-Filing System. Attorneys are generally required to e-file.
- Bond requirements: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Local court rules: The 12th Judicial Circuit may have specific local rules regarding probate dockets. It is advisable to contact the clerk for specific hearing schedules.
- Publication: Notice is typically published in the Montgomery Standard.
Always check with the Montgomery County Circuit Clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Montgomery County)
- Opening a Decedent's Estate: Deposit of approximately $150 - $200 (fees vary by estate value and publication costs)
- Small Estate Affidavit: Approximately $65 - $100
- Will Contest: Additional fees apply
- Publication costs: Approximately $100 - $200 (paid directly to the newspaper)
- Certified copies: ~$1.50 per page + certification fee
Note: Fees are subject to change. Contact the Circuit Clerk at (573) 564-3341 for the exact current fee schedule.
Statutory Compensation
Missouri law provides a minimum fee schedule for attorneys and personal representatives:
- 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, checks, money orders, and credit/debit cards (with a processing 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
The 6-month creditor claim period is a mandatory minimum for formal administration.
Local Resources
Montgomery County Court Resources
- Court Website: 12th Judicial Circuit
- Case Search: Missouri Case.net
- Missouri Probate Forms: State Court Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (314) 534-4200 — lsem.org
Publication
- Montgomery Standard: (573) 564-2339 — mystandardnews.com