Overview
Polk County is located in Missouri with a population of approximately 33,070. The Polk 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, Title XXXI (Chapters 470-475). 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 offers a simplified Small Estate Affidavit procedure for estates valued at $40,000 or less (reduced by liens and encumbrances). There is also a "Refusal of Letters" process for surviving spouses or unmarried minor children if the estate value does not exceed the statutory allowance.
Missouri law sets a statutory fee schedule for attorneys and personal representatives based on a percentage of the estate's value:
- 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 everything over $1 million
This guide provides an informational overview of the Polk 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
Polk County Circuit Court
Probate matters in Polk County are handled at the Polk County Courthouse.
Address: 102 E Broadway St, Room 14, Bolivar, MO 65613
Phone: (417) 326-4912 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:45 PM
The Probate Division is part of the 30th Judicial Circuit. The Circuit Clerk's office is located in the historic courthouse on the square in Bolivar.
Parking and Access
Free two-hour street parking is available along East Broadway, West Broadway, North Main Avenue, and South Main Avenue surrounding the courthouse square. There is also a parking lot available on the south side of the facility.
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 an affidavit 30 days after death.
- Refusal of Letters: A surviving spouse or creditor may petition to refuse letters if the estate is small (specific limits 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 an Application for Letters with the Polk County Circuit Court. Include:
- Application for Letters (Testamentary or of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $150-$200)
- Corporate surety bond (unless waived by will or heirs)
Attorneys are generally required to e-file documents via the Missouri Case.net system.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice in a newspaper of general circulation in Polk County (such as the Bolivar Herald-Free Press) for four consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the application. If approved, the judge issues Letters Testamentary (if there is a will) or Letters of Administration (if no will), granting authority to the personal representative.
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 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
Polk County-Specific Procedures
- E-filing: Missouri courts utilize the Case.net electronic filing system. Attorneys are mandated to e-file.
- Bond Requirements: A corporate surety bond is typically required unless the will explicitly waives it or all heirs/beneficiaries consent to a waiver.
- Local Court Rules: The 30th Judicial Circuit rules apply to probate proceedings in Polk County.
- Publication: Notice must be published in a newspaper of general circulation in Polk County, such as the Bolivar Herald-Free Press, for four consecutive weeks.
Always check with the Circuit Clerk for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Polk County)
- Decedent's Estate (Intestate): approximately $148.50
- Decedent's Estate (Testate): approximately $183.50
- Small Estate Affidavit: approximately $65.00
- Certified copies: approximately $1.50 per page + certification fee
- Publication costs: approximately $100-$150 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Clerk for the current fee schedule.
Payment Methods
The court typically accepts cash, money orders, and cashier's checks. Credit cards may be accepted with a convenience fee. Personal checks are often not accepted for new case filings.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-3 months
- Average estates (Independent Administration): 6-9 months
- Complex or contested estates: 1 year or more
The creditor claim period in Missouri is 6 months from the date of first publication, which sets a minimum duration for formal administration.
Local Resources
Polk County Court Resources
- Court Website: http://www.polkcountymocourts.com/
- Probate Self-Help: Missouri Courts Probate Info
- Missouri Probate Forms: State Court Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (417) 881-1397 — lsosm.org
- Missouri Lawyers Help: missourilawyershelp.org
Publication
- Bolivar Herald-Free Press: (417) 326-7636 — Newspaper of general circulation
- Polk County News: (417) 777-9000 — Local newspaper