Overview
Sullivan County is located in Missouri with a population of approximately 5,750. The Sullivan 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 Revisor of 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.
Small Estate Affidavit: Missouri offers a simplified process for estates valued at $40,000 or less (excluding liens and encumbrances). If the estate meets this threshold, heirs may file a small estate affidavit 30 days after death to transfer assets without full probate administration.
Statutory Fees: Missouri law sets a minimum compensation schedule for attorneys and personal representatives 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 Sullivan 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
Sullivan County Circuit Court
Probate matters in Sullivan County are handled at the Sullivan County Courthouse.
Address: 109 N Main St, Milan, MO 63556
Phone: (660) 265-4717 (Circuit Court) / (660) 265-3303 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the 9th Judicial Circuit, which also includes Chariton and Linn counties. The Circuit Clerk's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Milan. The building is accessible to the public during business hours.
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 be able to use a simplified affidavit process after a 30-day waiting period.
- Refusal of Letters: A surviving spouse or unmarried minor children may petition the court to refuse letters of administration if the estate value does not exceed the statutory allowances.
- 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 Sullivan County Circuit Court. Include:
- Petition for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically starting around $100-$150)
- List of heirs and interested parties
Missouri courts utilize an electronic filing system (eFiling), though pro se litigants may often file in paper. Check with the clerk for specific local requirements.
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 Sullivan County 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 on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months of first publication)
- 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 according to the will or state law
- File a Statement of Account and petition for discharge to close the estate
Local Requirements
Sullivan County-Specific Procedures
- Judicial Circuit: Sullivan County is part of the 9th Judicial Circuit.
- Local Rules: Be aware of any specific local court rules for the 9th Circuit regarding formatting of pleadings or hearing schedules.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Sullivan County.
- Bond: A bond may be required for the personal representative unless waived by the will or the court.
Contact the Circuit Clerk at (660) 265-3303 or the Circuit Court at (660) 265-4717 to confirm specific filing requirements and current fee schedules.
Timeline & Fees
Filing Fees (Sullivan County)
- Opening a Decedent's Estate: approximately $100 - $150 (fees vary based on estate type)
- Small Estate Affidavit: approximately $50 - $75
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
- Certified copies: approximately $1.50 per page + certification fee
Note: Fees are subject to change. Contact the court for the most current fee schedule.
Statutory Attorney/Executor Fees
Missouri law provides a minimum fee schedule for personal representatives and attorneys based on the estate's 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 excess over $1 million
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 from pro se litigants.
Estimated Timelines
- Small Estate Affidavit: 1-2 months (after 30-day waiting period)
- Simple estates: 6-9 months (minimum 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
Local Resources
Sullivan County Court Resources
- Court Website: courts.mo.gov
- Case.net (Case Search): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/page.jsp?id=662