Overview
Pulaski County is located in Missouri with a population of approximately 53,955. The Pulaski 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 Petition for Probate of 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.
Simplified Procedures: Missouri offers a Small Estate Affidavit procedure for estates valued at $40,000 or less (excluding liens and encumbrances). This process allows heirs to collect assets without full probate administration after a 30-day waiting period. 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.
Statutory Fees: Missouri law sets a statutory fee schedule for personal representatives and attorneys based on the value of the estate:
* 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 Pulaski 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
Pulaski County Circuit Court, Probate Division
Probate matters in Pulaski County are handled at the Pulaski County Courthouse.
Address: 301 Historic Route 66 East, Suite 202, Waynesville, MO 65583
Phone: (573) 774-4755 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 25th Judicial Circuit. The Circuit Clerk's office handles filings.
Parking and Access
Public parking is available around the courthouse square and in designated lots near the building. Security screening is required for 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 an affidavit 30 days after death to collect assets.
- Refusal of Letters: A surviving spouse or unmarried minor child may petition to refuse letters if the estate is small (typically under $20,000 depending on 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 or Petition for Letters of Administration with the Pulaski County Circuit Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- Filing fee (typically ~$150-$200 for full estates)
- List of heirs and interested parties
- Renunciations or consents from other heirs (if applicable)
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file.
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 Pulaski County (e.g., The Dixon Pilot or St. Robert Waynesville Guide) once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If approved, the judge issues Letters Testamentary (with a will) or Letters of Administration (without a will), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months).
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries according to the will or state law.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Pulaski County-Specific Procedures
- E-filing: Attorneys are mandated to use the Missouri e-filing system. Pro se litigants may file in paper but are encouraged to check with the clerk.
- Bond: A corporate surety bond is typically required unless the will waives it or all heirs consent to waive it (and the judge approves).
- Local Rules: The 25th Judicial Circuit may have specific local rules regarding hearing schedules and form requirements.
- Publication: Notice must be published in a newspaper of general circulation in Pulaski County, such as The Dixon Pilot or St. Robert Waynesville Guide.
Timeline & Fees
Filing Fees (Pulaski County)
- Small Estate Affidavit: approximately $75 - $105
- Full Estate Administration: approximately $150 - $200 (deposit)
- Will Admit Only: approximately $75
- Publication costs: approximately $100 - $200 (paid directly to newspaper)
- Certified copies: ~$1.50 - $5.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk at (573) 774-4755 for the most current schedule.
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit/debit cards (with a processing fee). Personal checks are often not accepted for new filings.
Estimated Timelines
- Small Estate: 1-2 months (30-day waiting period required).
- Simple estates: 6-9 months (minimum 6-month creditor period).
- Complex or contested estates: 12 months to 2+ years.
The 6-month creditor claim period is a statutory minimum for full administration.
Local Resources
Pulaski County Court Resources
- Court Website: http://www.pulaskicountymo.org/clerk-of-circut-court.html
- Missouri Case.net: https://www.courts.mo.gov/casenet
- Probate Forms: https://www.courts.mo.gov/page.jsp?id=660
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — https://mobar.org
- Legal Services of Southern Missouri: (800) 444-4863 — https://www.lsosm.org
Publication
- Dixon Pilot: (573) 759-2127
- St. Robert Waynesville Guide: (573) 336-3711