Overview
Saline County is located in Missouri with a population of approximately 23,300. The Circuit Court of Saline County, 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 (Chapters 470-475) 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 estates valued at $40,000 or less (excluding liens and encumbrances). This process, known as an Affidavit for Collection of Small Estate, allows heirs to collect assets without full probate administration after a 30-day waiting period.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold.
This guide provides an informational overview of the Saline 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
Circuit Court of Saline County, Probate Division
Probate matters in Saline County are handled at the Saline County Courthouse.
Address: 19 E. Arrow St., Room 205, Marshall, MO 65340
Phone: (660) 886-2300 (Circuit Clerk) | (660) 886-8808 (Probate Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 15th Judicial Circuit. The Circuit Clerk's office is located on the second floor of the courthouse in Room 205.
Parking and Access
Public parking is available around the courthouse square in downtown Marshall. The building is accessible to the public during business hours, with security screening at the entrance.
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 does not exceed 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 of Administration with the Saline County Probate Division. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically varies by estate value)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file documents.
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 Saline County, such as the Marshall Democrat-News, 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 are generally barred 6 months after first publication).
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Final Settlement and petition for discharge to close the estate.
Local Requirements
Saline County-Specific Procedures
- E-Filing: Missouri courts, including Saline County, mandate electronic filing for attorneys via the Missouri eFiling System. Self-represented litigants may file in paper.
- Bond: A bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper like the Marshall Democrat-News.
- Local Rules: The 15th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting.
Always check with the Probate Clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Saline County)
Fees are subject to change. Contact the Probate Clerk for the exact current schedule.
- Small Estate Affidavit: approximately $70 - $90
- Full Estate Administration (Deposit): approximately $150 - $200
- Determination of Heirship: approximately $70
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
- Certified copies: approximately $1.50 - $3.00 per page/certification
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 for initial filing fees.
Estimated Timelines
- Small Estate: Can be settled in roughly 30-60 days.
- Uncontested Estate: Average 6 to 9 months (due to the 6-month creditor claim period).
- Complex or Contested Estate: 12 months or longer.
The timeline is heavily influenced by the statutory 6-month period for creditors to file claims against the estate.
Local Resources
Saline County Court Resources
- Court Website: https://www.salinecountymo.gov/circuit-clerk
- Missouri Case.net: https://www.courts.mo.gov/casenet
- Missouri Probate Forms: https://www.courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — https://mobar.org
- Legal Services of Eastern Missouri: (314) 534-4200 — https://lsem.org
Publication
- Marshall Democrat-News: (660) 886-2233 — Newspaper of general circulation often used for probate notices.