Overview
Phelps County is located in Missouri with a population of approximately 44,638. The Phelps 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, Chapter 473. The process begins with filing a Petition for Letters of Administration or Letters Testamentary 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 the decedent's death to transfer assets without full probate administration.
Missouri law sets statutory minimum fees for attorneys and personal representatives based on a percentage of the estate's value (e.g., 5% of the first $5,000, 4% of the next $20,000, etc.).
This guide provides an informational overview of the Phelps 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
Phelps County Circuit Court, Probate Division
Probate matters in Phelps County are handled at the Phelps County Courthouse.
Address: 200 North Main Street, Suite 201, Rolla, MO 65401
Phone: 573-458-6245 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located within the main courthouse in Rolla. It is part of the 25th Judicial Circuit of Missouri. The Honorable Kenneth G. Clayton presides as Probate Judge.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets in downtown Rolla. Visitors should be prepared for security screening upon entering the courthouse building.
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 and encumbrances), 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 within certain statutory limits.
- 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 Letters Testamentary with the Phelps County Circuit Court, Probate Division. Include:
- Petition for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($148.50 for estates without a will; $183.50 for estates with a will)
- Oath and Bond of Personal Representative (if required)
Missouri courts utilize the Case.net system, and e-filing is mandatory for attorneys in most circuits.
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 Phelps County (such as the Phelps County Focus) for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If approved, the judge issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), 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 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
Phelps County-Specific Procedures
- E-filing: Attorneys are generally required to file documents electronically via the Missouri eFiling system.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Local court rules: The 25th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting.
- Publication: Notice to creditors must be published in a qualified newspaper in Phelps County, such as the Phelps County Focus.
Always check with the Probate Division clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Phelps County)
- Petition for Letters (Estate Without Will): $148.50
- Petition for Letters (Estate With Will): $183.50
- Small Estate Affidavit: approximately $68.50 - $105.50 (varies by value/service)
- Certified copies of Letters: approximately $1.50 - $5.00 per copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Guardianship/Conservatorship: approximately $93.50 - $108.50
Missouri statutes provide a minimum fee schedule for attorneys and personal representatives:
- 5% of the first $5,000
- 4% of the next $20,000
- 3% of the next $75,000
- 2.75% of the next $300,000
- 2.5% of the next $600,000
- 2% of amounts over $1,000,000
Payment Methods
The court typically accepts cash, cashier's checks, money orders, and credit/debit cards (with a convenience fee). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-2 months
- Average estates: 6-9 months (minimum 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The timeline is heavily influenced by the mandatory 6-month period for creditors to file claims against the estate.
Local Resources
Phelps County Court Resources
- Court Website: phelpscountycourt.com
- Missouri Courts: courts.mo.gov
- Missouri Probate Forms: Contact the Probate Division at (573) 458-6245 for current forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — Lawyer Referral Service
- Legal Services of Southern Missouri: (800) 444-4863 — Legal Aid
- Missouri Bar Lawyer Search: mobar.org
Publication
- Phelps County Focus: (573) 364-2468 — Newspaper of General Circulation
- The Rolla Daily News: (573) 364-2468 — Local News