Overview
Scott County is located in Missouri with a population of approximately 38,000. The Scott 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, Chapters 472-475. The process begins with filing an Application for Letters 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 Small Estate Affidavit procedure for estates valued at $40,000 or less (excluding liens and encumbrances). This can be filed 30 days after death. Additionally, a Refusal of Letters may be available for surviving spouses or unmarried minor children if the estate is small (typically under $15,000 for spousal refusal).
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 Scott 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
Scott County Circuit Court, Probate Division
Probate matters in Scott County are handled at the Scott County Courthouse.
Address: 131 S. Winchester St., Benton, MO 63736
Phone: (573) 545-3511 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Probate Judge: Associate Circuit Court Judge Blake Pearson (Division 4 - Probate)
The courthouse is located in Benton, the county seat. The Probate Division is part of the 33rd Judicial Circuit of Missouri.
Parking and Access
Free public parking is generally available around the courthouse square in Benton. Security screening may be required 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 (less liens), you may file an affidavit 30 days after death.
- Refusal of Letters: Available to surviving spouses or unmarried minor children for very small estates or 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 an Application for Letters with the Scott County Circuit Court. Include:
- Application for Letters (Form 10020)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $150-$250)
- Renunciations from heirs (if applicable)
Missouri courts utilize the Case.net electronic filing system, which is 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 Scott County (such as the Standard Democrat) for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims are barred 6 months after the first publication)
- Inventory and appraise all estate assets within 30 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Scott County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Missouri Case.net system.
- Bond requirements: Personal representatives must generally post a bond unless it is waived by the will or by unanimous consent of all heirs.
- Local court rules: The 33rd Judicial Circuit may have specific local rules regarding scheduling and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Scott County for four consecutive weeks.
Consult the court clerk for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Scott County)
- Full Estate Administration: approximately $150-$250
- Small Estate Affidavit: approximately $75-$100
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Sheriff service fees: varies by location
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 amounts over $1,000,000
Payment Methods
The court accepts cash, money orders, or cashier's checks. Credit cards may be accepted 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
Scott County Court Resources
- Court Website: scottcountymo.com
- Probate Self-Help: Missouri Courts Help
- Missouri Probate Forms: Official Court Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — State bar association
- Legal Services of Southern Missouri: (800) 444-4863 — Legal aid for qualifying residents
- Missouri Bar Lawyer Search: mobar.org
Publication
- Standard Democrat: (573) 471-1137 — General circulation newspaper in Sikeston/Scott County
- Scott County Signal: (573) 262-3434 — Local weekly newspaper