Overview
St. Louis County is located in Missouri with a population of approximately 992,929. The St. Louis County Probate Court (Probate Division of the Circuit Court) 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 (Chapters 470-475). 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 entire estate value (less liens and encumbrances) does not exceed $40,000. This process is faster and less expensive than full probate.
Missouri law sets statutory minimum fees for attorneys and personal representatives based on a percentage of the estate's 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. Louis 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. Louis County Probate Court
Probate matters in St. Louis County are handled at the St. Louis County Courts Building.
Address: 105 South Central Avenue, Clayton, MO 63105
Phone: 314-615-8029 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is located on the 5th floor. It handles decedent estates, guardianships, conservatorships, and mental health proceedings. The Honorable Nicole S. Zellweger serves as Circuit Judge for Division 5 (Probate).
Parking and Access
Public parking is available in the garage adjacent to the courthouse (entrance on Carondelet Ave) and at metered street spots nearby. Security screening is required for entry; cell phones are generally permitted but must be silenced in courtrooms.
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/encumbrances), you may file an affidavit 30 days after death to transfer assets without full probate.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate is small (statutory allowances apply), effectively closing it immediately.
- 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 St. Louis County Probate Court. Include:
- Application for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee deposit (typically $175-$225 depending on estate type)
- List of heirs and interested parties
Note: Attorneys are required to e-file documents via the Missouri eFiling System. Self-represented litigants may file in person.
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. Louis County (e.g., St. Louis Countian) 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) — creditors have 6 months from the first date of publication to file claims.
- Inventory and appraise all estate assets 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
St. Louis County-Specific Procedures
- E-filing: Mandatory for all attorneys via the Missouri Courts eFiling system.
- Bond requirements: A bond is typically required for personal representatives unless waived by the will or all distributees.
- Local court rules: St. Louis County (21st Judicial Circuit) has specific local rules regarding probate forms and hearings.
- Publication: Notice must be published in a newspaper of general circulation in St. Louis County for four consecutive weeks.
Consult the St. Louis County Probate Court website for the most current local rules and administrative orders.
Timeline & Fees
Filing Fees (St. Louis County)
- Full Estate Deposit: approximately $175-$225 (varies by estate value)
- Small Estate Affidavit: approximately $65-$105 (plus publication if required)
- Will Contest: approximately $145
- Certified copies: approximately $1.50 per page + certification fee
- Publication costs: approximately $150-$300 (paid directly to newspaper)
Missouri law sets a statutory fee schedule for attorneys and personal representatives:
- 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 million
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period (starting from first publication) is a primary factor in the timeline, as the estate generally cannot be closed until this period expires.
Local Resources
St. Louis County Court Resources
- Court Website: stlcountycourts.com
- Probate Forms: Local Forms
- Missouri Case.net: casenet.mo.gov
Legal Aid and Attorney Referrals
- Bar Association of Metropolitan St. Louis: 314-421-4134 — bamsl.org
- Legal Services of Eastern Missouri: 314-534-4200 — lsem.org
- Missouri Bar Lawyer Referral: missourilawyershelp.org
Publication
- St. Louis Countian: 314-421-1880 — molawyersmedia.com