Overview
Ralls County is located in Missouri with a population of approximately 10,355. The Ralls 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 (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 small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, a "Small Estate Affidavit" (Affidavit to Establish Title of Distributees) may be filed 30 days after the decedent's death. This avoids full probate administration.
Statutory Fees: Missouri law sets a minimum compensation schedule for attorneys and personal representatives based on the value of the personal property administered and real property sold:
* 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 Ralls 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
Ralls County Circuit Court, Probate Division
Probate matters in Ralls County are handled at the Ralls County Courthouse.
Address: 311 S. Main St., New London, MO 63459
Phone: 573-985-5633 (Circuit Clerk - Civil Matters) / 573-985-5641 (Criminal/Probate Matters)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed for lunch 12:00 PM – 1:00 PM)
The Probate Division is part of the 10th Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in New London. 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, 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 not greater than the exempt property and allowance for support.
- 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 Testamentary or Petition for Letters of Administration with the Ralls County Circuit Court. Include:
- Petition for Probate of Will and/or Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $150-$200, verify with clerk)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file. Pro se litigants may file in paper at the clerk's office.
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 Ralls County (such as the Ralls County Record) 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 or Letters of Administration, 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 and file the inventory with the court 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 Distribution to close the estate.
Local Requirements
Ralls County-Specific Procedures
- E-filing: Missouri courts use the statewide e-filing system. Attorneys must e-file; self-represented litigants may file paper documents.
- Bond requirements: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Local court rules: The 10th Judicial Circuit may have specific local rules regarding scheduling and document formatting.
- Publication: Notice is typically published in the Ralls County Record.
Always check with the Ralls County Circuit Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Ralls County)
- Opening a Full Estate: approximately $150-$200 (varies by deposit requirements)
- Small Estate Affidavit: approximately $65-$85
- Determination of Heirship: approximately $70-$100
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified copies: approximately $1.50 - $3.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk at 573-985-5633 for the exact current fee schedule.
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a convenience fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a mandatory statutory minimum for full administration.
Local Resources
Ralls County Court Resources
- Court Website: rallscountymo.gov
- 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
- Legal Services of Eastern Missouri: 314-534-4200 — lsem.org
Publication
- Ralls County Record: 573-985-3420 — Newspaper of general circulation in New London