Overview
Taney County is located in Missouri with a population of approximately 56,744. The Taney 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 a Petition for Letters Testamentary or Letters of Administration 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.
Simplified Procedures:
- Small Estate Affidavit: Available if the net value of the estate is $40,000 or less.
- Refusal of Letters: Available for surviving spouses or unmarried minor children if the estate value is not greater than the exempt property and allowance for support.
Statutory Fees:
Missouri law sets a minimum fee schedule for attorneys and personal representatives 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 amounts over $1,000,000
This guide provides an informational overview of the Taney 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
Taney County Judicial Facility
Probate matters in Taney County are handled at the Taney County Judicial Facility.
Address: 266 Main Street, Forsyth, MO 65653
Phone: (417) 546-7230 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 46th Judicial Circuit of Missouri. The Circuit Clerk's office manages filings and records for the probate court.
Parking and Access
Public parking is available near the courthouse in Forsyth. The facility is accessible to persons with disabilities.
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 and encumbrances), you may file an affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children if assets are insufficient to pay 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 Letters Testamentary or Petition for Letters of Administration with the Taney County Circuit Court. Include:
- Application for Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $58.50 - $170.50 depending on petition type)
- List of heirs and addresses
Missouri utilizes the Case.net e-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 Taney County (such as the Branson Tri-Lakes News) for four consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews 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 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
Taney County-Specific Procedures
- E-Filing: Mandatory for attorneys via Missouri's Case.net system. Pro se litigants may file in paper.
- Bond requirements: Bond is generally required for personal representatives unless waived by the will or by all distributees.
- Local court rules: Consult the 46th Judicial Circuit local rules for specific formatting and procedural requirements.
- Publication: Notice must be published in a newspaper of general circulation in Taney County for four consecutive weeks.
Always check with the Circuit Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Taney County)
- Petition for Letters: approximately $58.50 - $170.50 (varies by specific petition)
- Small Estate Affidavit: approximately $58.50 (plus publication)
- Certified copies of Letters: approximately $1.50 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Sheriff service fees: vary 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, cashier's checks, or credit cards (with a convenience fee). Personal checks are typically not accepted.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The mandatory creditor claim period in Missouri is 6 months from the date of first publication, which sets the minimum duration for formal probate.
Local Resources
Taney County Court Resources
- Court Website: taneycounty.org
- Probate Self-Help: Missouri Probate Self-Help
- Missouri Probate Forms: Missouri Court Forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — State bar association
- Legal Services of Southern Missouri: (417) 881-1397 — Legal aid for qualifying residents
- Missouri Bar Lawyer Search: mobar.org
Publication
- Branson Tri-Lakes News: (417) 334-3161 — Newspaper of general circulation
- Taney County Times: (417) 546-2012 — Local newspaper