Overview
New Madrid County is located in Missouri with a population of approximately 15,212. The New Madrid 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 Missouri Revised Statutes, Chapters 472-475. 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.
Missouri allows for a Small Estate Affidavit (Affidavit to Establish Title of Distributee) for estates valued at $40,000 or less (net value). This procedure can be filed 30 days after death and is significantly faster and cheaper than full probate. Surviving spouses may also file for a Refusal of Letters for certain statutory allowances.
Missouri law sets a statutory fee schedule for personal representatives and attorneys based on a percentage of the estate 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, and 2% on amounts over $1 million.
This guide provides an informational overview of the New Madrid 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
New Madrid County Circuit Court, Probate Division
Probate matters in New Madrid County are handled at the New Madrid County Courthouse.
Address: 450 Main Street, New Madrid, MO 63869
Phone: (573) 748-5556 (Probate Division) | (573) 748-2228 (Main Courthouse)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is presided over by the Associate Circuit Judge. The clerk's office is located on the second floor of the courthouse.
Parking and Access
Free street parking is generally available around the courthouse square. 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 (net of liens), you may file an 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 an Application for Letters with the New Madrid County Circuit Court. Include:
- Original Will (if testate)
- Certified Death Certificate
- Filing fee (approximately $150-$200)
- List of heirs and addresses
- Renunciations (if applicable)
Attorneys are mandated to e-file via the Missouri Case.net system. Pro se litigants may file paper documents at the clerk's office.
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 New Madrid County (such as The Weekly Record) 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publication; the creditor claim period is 6 months from the date of first publication.
- 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 Final Settlement and petition for discharge.
Local Requirements
New Madrid County-Specific Procedures
- E-filing: Attorneys must file all documents electronically through the Missouri Case.net system.
- Bond requirements: Personal representatives usually must post a bond unless waived by the will or all heirs/beneficiaries.
- Publication: Notice must be published in a newspaper of general circulation in New Madrid County for four consecutive weeks.
Always check with the Probate Clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (New Madrid County)
- Opening Formal Estate: approximately $150.00 - $200.00
- Small Estate Affidavit: approximately $65.00 - $85.00
- Certified copies of Letters: approximately $1.50 per page plus certification fee
- Publication costs: approximately $150.00 - $200.00 depending on the newspaper
- Sheriff service fees: approximately $30.00 (if applicable)
Note: Fees are subject to change. Contact the Probate Clerk for the exact current fee schedule.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Personal checks are often not accepted. Credit cards may be accepted for e-filing fees.
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 is 6 months, which sets the minimum duration for a full estate administration.
Local Resources
New Madrid County Court Resources
- Court Website: courts.mo.gov
- Probate Self-Help: Missouri Probate Forms
- Case.net: Track Case Status
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — State bar association resources.
- Legal Services of Southern Missouri: (800) 444-4863 — Legal aid for qualifying low-income residents.
- Missouri Lawyer Referral Service: mobar.org
Publication
- The Weekly Record: (573) 748-2120 — Official newspaper for legal notices.
- Portageville Missourian: (573) 379-5355 — Local newspaper.