Overview
Morgan County is located in Missouri with a population of approximately 22,400. The Morgan 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 of the Missouri Revised Statutes (Chapters 472–475). 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.
Small Estate Affidavit: Missouri offers a simplified procedure for estates valued at $40,000 or less (excluding liens and encumbrances). If the estate meets this threshold, heirs may file a Small Estate Affidavit 30 days after the decedent's death to transfer assets without full probate administration.
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. The base fees are approximately:
* 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 Morgan 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
Morgan County Circuit Court, Probate Division
Probate matters in Morgan County are handled at the Morgan County Justice Center.
Address: 211 E. Newton, Suite 5, Versailles, MO 65084
Phone: (573) 378-4235 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located within the Circuit Clerk's office. The Associate Circuit Judge typically presides over probate matters. The Probate Judge is J. Stephen Grantham, and the Probate Clerk is Ellen Conrad.
Parking and Access
Public parking is available around the courthouse square and near the Justice Center in Versailles. The building is accessible to persons with disabilities; security screening is required upon entry.
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: 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 Probate of Will and/or Letters of Administration with the Morgan County Probate Division. Include:
- Petition for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$200 for full estates)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and e-filing is mandatory for attorneys in most cases.
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 Morgan County (such as The Morgan Messenger) 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 (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 Statement of Account and Petition for Distribution to close the estate.
Local Requirements
Morgan County-Specific Procedures
- E-filing: Attorneys are generally required to file documents electronically via the Missouri Courts e-filing system. Pro se litigants may file in paper.
- Bond: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it (and the court approves).
- Local Rules: The 26th Judicial Circuit (which includes Morgan County) may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice to creditors must be published in a local newspaper like The Morgan Messenger or Lake Sun.
Always check with the Probate Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Morgan County)
- Decedent's Estate (Full Probate): approximately $200.00
- Small Estate Affidavit: approximately $82.00 - $108.50
- Guardianship/Conservatorship: approximately $200.00
- Will Admitted (No Letters): approximately $82.00
- Publication costs: approximately $100-$200 (paid directly to newspaper)
Note: Fees are subject to change. Check with the Circuit Clerk for the latest fee schedule.
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a processing fee). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Small Estate: 1-2 months (after 30-day waiting period).
- Simple estates (Independent Administration): 6-9 months (minimum 6 months for creditor claims).
- Complex or contested estates: 12 months to 2 years or more.
The timeline is heavily influenced by the 6-month statutory period for creditors to file claims against the estate.
Local Resources
Morgan County Court Resources
- Court Website: morgancountymo.gov/circuit-clerk
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/page.jsp?id=662
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 Morgan Messenger: (573) 378-5441 — Newspaper of general circulation in Versailles.
- Lake Sun: (573) 346-2132 — Regional newspaper covering the Lake of the Ozarks area.