Overview
Warren County is located in Missouri with a population of approximately 38,478. The Circuit Court of Warren County, 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, Chapter 473. The process begins with filing an Application for Letters Testamentary (if there is a will) or Application 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 procedure for estates valued at $40,000 or less (excluding liens and encumbrances). This process, known as an Affidavit for Collection of Small Estate, can be filed 30 days after death and is significantly faster and less expensive than formal probate.
Statutory Fees: Missouri law sets a minimum fee schedule for attorneys and personal representatives based on the value of the estate's personal property and proceeds from real estate sold:
* 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 Warren 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
Circuit Court of Warren County, Probate Division
Probate matters in Warren County are handled at the Warren County Courthouse.
Address: 104 West Main Street, Suite G, Warrenton, MO 63383
Phone: (636) 456-3363 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 12th Judicial Circuit. 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 Warrenton. There are also public parking lots nearby. Visitors should be prepared for security screening upon entering the courthouse building.
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 file an Affidavit for Collection of Small Estate after a 30-day waiting period.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may grant a "Refusal of Letters" if the estate value does not exceed the statutory allowance (typically $20,000 for spousal refusal).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Letters with the Circuit Court of Warren County. Include:
- Application for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $150–$200 for full estates)
- List of heirs and interested parties
Note: Missouri courts utilize the Case.net system. Attorneys are generally required to e-file documents.
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 Warren County, such as the Warren County Record, once a week for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the application. 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.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Warren County-Specific Procedures
- E-filing: Warren County participates in the Missouri e-filing system. Attorneys must file electronically via Case.net. Self-represented litigants may file in paper but are encouraged to check with the clerk.
- Bond Requirements: A bond is typically required for personal representatives unless the will waives it or all heirs consent to waive it.
- Publication: Notice to creditors is typically published in the Warren County Record.
- Local Court Rules: The 12th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting. Check with the clerk for the most current local protocols.
Timeline & Fees
Filing Fees (Warren County)
Fees are subject to change. Contact the Circuit Clerk for the most current schedule.
- Full Decedent's Estate: approximately $150–$250 (deposit for costs)
- Small Estate Affidavit: approximately $70–$100
- Will Admitted (No Letters): approximately $70
- Publication costs: approximately $100–$200 (paid directly to the newspaper)
- Certified copies: ~$1.50 per page + certification fee
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a convenience fee). Personal checks are often not accepted for new case filings.
Estimated Timelines
- Simple estates: 6–12 months (minimum 6 months for creditor claim period)
- Average estates: 9–18 months
- Complex or contested estates: 18 months to 2+ years
The timeline is largely dictated by the mandatory 6-month creditor claim period in Missouri, which begins after the first publication of notice.
Local Resources
Warren County Court Resources
- Court Website: courts.mo.gov
- Case Search (Case.net): courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov/forms
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Eastern Missouri: (314) 534-4200 — lsem.org
Publication
- Warren County Record: (636) 456-6397 — warrencountyrecord.com