Overview
Putnam County is located in Missouri with a population of approximately 4,681. The Putnam 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, Chapter 473 of the Missouri Revised Statutes. The process begins with filing a Petition for Letters Testamentary (Form 10020) or Petition for Letters of Administration (Form 10030) 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, heirs may file a Small Estate Affidavit (Affidavit for Collection of Small Estate) 30 days after the decedent's death to transfer assets without full probate administration.
Missouri law provides for statutory compensation for personal representatives and attorneys based on a percentage of the estate's 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 Putnam 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
Putnam County Circuit Court, Probate Division
Probate matters in Putnam County are handled at the Putnam County Courthouse.
Address: 1601 Main St #101, Unionville, MO 63565
Phone: (660) 947-2117 (Circuit Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is located within the Circuit Clerk's office in the county courthouse.
Parking and Access
Street parking is generally available around the courthouse square in Unionville. 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 (less liens and encumbrances), you may file an affidavit 30 days after death to collect assets.
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD), joint tenancy with rights of survivorship, or assets held in a living trust generally do not require probate.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may refuse letters if the estate value is not greater than the exempt property and allowance limits.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters Testamentary or Petition for Letters of Administration with the Putnam County Circuit Court. Include:
- Original Will and Codicils (if any)
- Certified death certificate
- Filing fee (approximately $231.00)
- List of heirs and beneficiaries with addresses
- Corporate surety bond (unless waived in the will or by all distributees)
Missouri courts utilize the Case.net system, and e-filing may be mandatory for attorneys.
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 Putnam County, such as the Unionville Republican, 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 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 (claims are generally barred 6 months after first publication).
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state intestacy laws.
- File a Statement of Account and Petition for Distribution to close the estate.
Local Requirements
Putnam County-Specific Procedures
- E-filing: Missouri courts generally require attorneys to e-file documents via the Missouri eFiling System. Pro se litigants may file in paper.
- Bond: A corporate surety bond is typically required unless the will waives it or all heirs consent to a waiver and the court approves.
- Local Rules: The 3rd Judicial Circuit may have specific local rules regarding scheduling and form requirements.
- Publication: Notice to creditors must be published in a qualified newspaper in Putnam County, such as the Unionville Republican.
Always check with the Probate Clerk for the most current local forms and procedural preferences.
Timeline & Fees
Filing Fees (Putnam County)
- Opening an Estate (Petition for Letters): approximately $231.00
- Small Estate Affidavit: approximately $65.00 - $105.00
- Certified copies: approximately $1.50 - $5.00 per copy
- Publication costs: approximately $100.00 - $200.00 depending on the newspaper
- Will Admitted (No Letters): approximately $70.00
Note: Fees are subject to change. Contact the Circuit Court at (660) 947-2117 for the exact current fee schedule.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee. Personal checks are often not accepted from pro se litigants.
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The statutory creditor claim period in Missouri is 6 months from the date of first publication of the Notice of Letters.
Local Resources
Putnam County Court Resources
- Court Website: courts.mo.gov
- Probate Self-Help: Missouri Courts Probate Info
- Missouri Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (800) 444-0514 — lsem.org
- Missouri Lawyer Referral Service: missourilawyershelp.org
Publication
- Unionville Republican: (660) 947-2222 — Newspaper of general circulation in Putnam County