Overview
Osage County is located in Missouri with a population of approximately 13,478. The Osage 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 Revisor Statutes (Chapters 470-475). 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). This process, known as a "Small Estate Affidavit," can be filed 30 days after death and is significantly faster and less expensive than full probate.
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 Osage 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
Osage County Circuit Court, Probate Division
Probate matters in Osage County are handled at the Osage County Courthouse.
Address: 106 E. Main Street, Linn, MO 65051
Phone: (573) 897-3114 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 20th Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available around the courthouse square and on nearby streets in Linn. The courthouse 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: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate is small (statutory allowances apply).
- 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 Osage County Circuit Court. Include:
- Petition for Probate of Will and/or Letters Testamentary/Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $150-$200)
- 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 Osage County (such as the Unterrified Democrat) 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:
- Publish notice to creditors (if not already done)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims (claims are barred 6 months after first publication)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Statement of Account and petition for discharge
Local Requirements
Osage County-Specific Procedures
- Local Court Rules: Osage County is part of the 20th Judicial Circuit. Local rules may require specific forms or procedures not found in state statutes.
- Bond: A bond is generally required for personal representatives unless waived by the will or all heirs/beneficiaries.
- Publication: Notice to creditors must be published in an approved newspaper, typically the Unterrified Democrat.
- E-Filing: Missouri courts use the Case.net system. Check with the clerk regarding mandatory e-filing requirements for attorneys.
Timeline & Fees
Filing Fees (Osage County)
Note: Fees are subject to change. Contact the Circuit Clerk at (573) 897-3114 for the most current schedule.
- Full Estate (Letters): approximately $150.00 - $200.00
- Small Estate Affidavit: approximately $70.00 - $110.00
- Determination of Heirship: approximately $150.00
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
- Certified copies: ~$1.50 per page + certification fee
Statutory Executor/Attorney Fees (Missouri)
Missouri law (RSMo 473.153) sets minimum fees based on 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
- 2% on amounts over $1 million
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.
Estimated Timelines
- Small Estate: 1-2 months (can be filed 30 days after death)
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
Local Resources
Osage County Court Resources
- Court Website: osagecountygov.com
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Mid-Missouri Legal Services Corp: (800) 568-4931 — mmls.org
- Legal Services of Eastern Missouri: (314) 534-4200 — lsem.org
Publication
- Unterrified Democrat: (573) 897-3150 — Newspaper of general circulation in Linn, MO