Overview
St. Francois County is located in Missouri with a population of approximately 67,503. The St. Francois 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 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.
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. This simplified process avoids full probate administration.
Missouri law sets statutory minimum fees for attorneys and personal representatives based on a percentage of the estate value (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), though additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the St. Francois 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
St. Francois County Circuit Court, Probate Division
Probate matters in St. Francois County are handled at the St. Francois County Courthouse.
Address: 1 N Washington St, Farmington, MO 63640
Phone: (573) 756-4551 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 24th Judicial Circuit. It is located in the main courthouse in downtown Farmington.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Security screening is required upon entering the courthouse.
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 (excluding liens/encumbrances), you may file a Small Estate Affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children, if the estate is small (statutory limits apply), the court may issue an order refusing letters.
- 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 with the St. Francois County Probate Division. Include:
- Petition for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically varies by estate type)
- List of heirs and interested parties
E-filing is available and mandatory for attorneys in Missouri courts 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 St. Francois County (e.g., Daily Journal) 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 (if not already done)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims (claims are barred 6 months after first publication)
- 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
St. Francois County-Specific Procedures
- E-filing: Attorneys are required to file electronically. Self-represented litigants may file in paper.
- Bond requirements: A bond is generally required for personal representatives unless waived by the will or all heirs/beneficiaries.
- Publication: Notice is typically published in the Daily Journal (Park Hills/Farmington).
- Local Forms: While state forms are standard, check with the Probate Clerk for any specific local cover sheets or requirements.
Always check with the Probate Clerk's office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (St. Francois County)
- Small Estate Affidavit: approximately $65 - $105 (varies by value/copies)
- Full Estate (Letters): approximately $150 - $200 deposit
- Will Admitted (No Letters): approximately $75 - $100
- Publication costs: approximately $150 - $250 (paid directly to newspaper)
- Certified copies: approximately $1.50 - $3.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk for the exact current fee schedule.
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit/debit cards (with a convenience fee). Personal checks may not be accepted for new case filings.
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 timeline is largely dictated by the 6-month creditor claim period in Missouri, which begins after the first publication of notice.
Local Resources
St. Francois County Court Resources
- Court Website: sfcgov.org/circuit-clerk/
- Missouri Courts Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/page.jsp?id=662
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (800) 444-4863 — lsosm.org
Publication
- Daily Journal: (573) 431-2010 — dailyjournalonline.com