Overview
Randolph County is located in Missouri with a population of approximately 24,716. The Randolph 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 of the Missouri Revisor of Statutes (Chapters 470-475). The process begins with filing a Petition for Letters Testamentary (if there is a will) or Letters of Administration (if 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.
For smaller estates, Missouri offers a Small Estate Affidavit procedure. If the value of the estate (less liens and encumbrances) does not exceed $40,000, heirs may file an affidavit 30 days after death to collect assets without full probate administration.
Missouri law sets statutory compensation for attorneys and personal representatives based on a percentage of the estate 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 Randolph 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
Randolph County Circuit Court, Probate Division
Probate matters in Randolph County are handled at the Randolph County Justice Center.
Address: 372 Highway JJ, Suite 1A, Huntsville, MO 65259
Phone: (844) 277-6555 EXT 400 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 14th Judicial Circuit. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Free parking is available in the lot adjacent to the Justice Center. The building is ADA accessible. Visitors must pass through security screening upon 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 a small estate affidavit 30 days after death.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition to refuse letters if the estate value is less than the statutory allowance.
- 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 and/or Letters Testamentary/Administration with the Randolph County Circuit Court. Include:
- Application for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$155-$200)
- Corporate surety bond (unless waived in the will or by heirs)
Attorneys are generally required to file electronically via the Missouri eFiling System.
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 Randolph County (such as the Moberly Monitor-Index) 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 (claims must be filed within 6 months).
- 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.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Randolph County-Specific Procedures
- E-filing: Missouri utilizes a mandatory electronic filing system for attorneys. Self-represented litigants may file in paper but are encouraged to use the electronic system if allowed.
- Bond requirements: A bond is typically required unless the will waives it or all distributees consent to a waiver.
- Local court rules: The 14th Judicial Circuit may have specific local rules regarding scheduling and pleadings; check with the clerk.
- Publication: Notice is typically published in the Moberly Monitor-Index.
Always check with the Circuit Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Randolph County)
- Opening a Full Estate: approximately $155-$200
- Small Estate Affidavit: approximately $65-$85
- Certified copies of Letters: approximately $1.50-$3.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Sheriff's Service: varies by location (approx. $30-$50)
Statutory Attorney/Executor Fees (Missouri):
- 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 all sums over $1,000,000
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
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
Randolph County Court Resources
- Court Website: randolphcounty-mo.com
- Missouri Probate Forms: OSCA Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — Lawyer Referral Service
- Legal Services of Eastern Missouri: (314) 534-4200 — Legal Aid
- Missouri Bar Lawyer Search: mobar.org
Publication
- Moberly Monitor-Index: (660) 263-4123 — Newspaper of general circulation