Overview
Stone County is located in Missouri with a population of approximately 32,630. The Stone 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 the Missouri Revised Statutes (RSMo). 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.
Missouri offers a simplified procedure for small estates valued at $40,000 or less. This process involves filing an Affidavit for Collection of Small Estate after a 30-day waiting period following the death. If the estate value exceeds $15,000, publication of notice is required.
Missouri law sets statutory 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 reasonable compensation may also be determined by the court for additional services.
This guide provides an informational overview of the Stone 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
Stone County Circuit Court (Probate Division)
Probate matters in Stone County are handled at the Stone County Courthouse.
Address: 110 S Maple St, Galena, MO 65656
Phone: (417) 357-6114 (Circuit Clerk)
Hours: Monday through Friday, 7:30 AM to 4:00 PM (Closed for Lunch 12:00 PM to 12:30 PM)
The Probate Division is part of the 39th Judicial Circuit. The Circuit Clerk's office accepts filings and maintains records for probate cases.
Parking and Access
Public parking is available on the south side of the building and in a parking lot behind the courthouse. Street parking is also available around the courthouse square. 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 (excluding liens and encumbrances), you may file an Affidavit for Collection of Small Estate 30 days after death.
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD), joint tenancy with rights of survivorship, or assets held in a living trust generally do not require probate.
- Spousal 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.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters Testamentary or Petition for Letters of Administration with the Stone County Circuit Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (typically paid by cash, check, or money order)
- List of heirs and beneficiaries with addresses
- Renunciations or consents from other entitled parties (if applicable)
E-filing is 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 Stone County (such as the Stone County Republican) for four consecutive weeks. The court clerk often facilitates the publication process upon filing.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the petition is approved and bond requirements are met (or waived), 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) and allow 6 months for claims.
- 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 according to the will or state intestacy laws.
- File a Statement of Account and Petition for Distribution/Discharge to close the estate.
Local Requirements
Stone County-Specific Procedures
- E-filing: Attorneys are required to file electronically through the Missouri Courts eFiling system. Self-represented litigants may file in paper.
- Bond: A corporate surety bond is generally required unless the will waives it or all heirs/beneficiaries consent to waive it (and the court approves).
- Local Court Rules: The 39th Judicial Circuit may have specific local rules regarding scheduling and document formatting. Check with the clerk for specific judge's preferences.
- Publication: Notice is typically published in the Stone County Republican or Crane Chronicle.
Always verify the specific number of copies required if filing in person.
Timeline & Fees
Filing Fees (Stone County)
- File Will Only: approximately $6.50
- Admit Will to Probate (No Administration): approximately $73.50
- Small Estate Affidavit: approximately $73.50 (no will) or $108.50 (with will), plus publication costs if value > $15,000
- Full Estate Administration (Letters): approximately $153.50 (without will) to $188.50 (with will)
- Publication costs: approximately $100-$150 depending on the newspaper
- Certified copies: approximately $1.50 - $3.00 per copy
Missouri statutes set a minimum fee schedule for attorneys and personal representatives based on 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
- 2% on amounts over $1,000,000
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit/debit cards (with a convenience fee). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Small Estates: 1-2 months (after 30-day waiting period)
- Simple estates (uncontested): 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a statutory minimum for full administration.
Local Resources
Stone County Court Resources
- Court Website: stoneco-mo.us
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: Contact the Circuit Clerk's office at (417) 357-6114 for current forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (417) 881-1397 — lsosm.org
Publication
- Stone County Republican: (417) 357-6303 — Newspaper of general circulation in Galena
- Crane Chronicle: (417) 723-5222 — Local newspaper serving Stone County