Overview
Washington County is located in Missouri with a population of approximately 23,500. The 24th Judicial 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, Chapters 472-475 of the Revised Statutes of Missouri (RSMo). The process begins with filing an Application for Letters 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. If the value of the estate (less liens and encumbrances) does not exceed $40,000, heirs may file a Small Estate Affidavit 30 days after death to transfer assets without full probate administration.
Missouri law sets statutory compensation for attorneys and personal representatives based on a percentage of 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, and 2% on amounts over $1 million.
This guide provides an informational overview of the Washington 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
Washington County Courthouse
Probate matters in Washington County are handled at the Washington County Courthouse.
Address: 102 North Missouri Street, Potosi, MO 63664
Phone: (573) 438-6111 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the 24th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Street parking is generally available around the courthouse square in Potosi. The building is accessible to the public during business hours, with security screening at the entrance.
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 a small estate affidavit 30 days after death.
- Refusal of Letters: For surviving spouses or unmarried minor children, if the estate is not greater than the exempt property allowance.
- 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 24th Judicial Circuit Court. Include:
- Application for Letters Testamentary or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically ~$155.50 for full estates)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and e-filing is mandatory for attorneys in many circuits. Pro se litigants may file in paper.
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 Washington County (e.g., The Independent Journal) for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the application. If approved, the judge issues Letters Testamentary (with a will) or Letters of Administration (without a will), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (creditors have 6 months to file claims)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims and taxes
- File an annual settlement if the estate is open longer than a year
- Distribute assets to beneficiaries
- File a Statement of Account and petition for discharge to close the estate
Local Requirements
Washington County-Specific Procedures
- E-filing: Attorneys are generally required to e-file via the Missouri Courts eFiling system. Self-represented litigants may file paper documents at the Circuit Clerk's office.
- Bond: A bond is typically required for personal representatives unless waived by the will or all heirs.
- Publication: Notice to creditors must be published in a local newspaper, such as The Independent Journal.
- Local Rules: The 24th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting. Check with the clerk for specifics.
Timeline & Fees
Filing Fees (Washington County)
- Full Estate (Letters): approximately $155.50
- Small Estate Affidavit: approximately $68.50
- Will Contest: approximately $100.00
- Publication costs: approximately $150-$200 (paid directly to the newspaper)
- Certified copies: ~$1.50 + $1.00 per page
Note: Fees are subject to change. Contact the Circuit Clerk for the most current fee schedule.
Payment Methods
The court typically accepts cash, money orders, cashier's checks, and credit/debit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Small Estate: 30-60 days (minimum 30-day waiting period after death)
- Simple estates: 6-9 months (minimum 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The statutory creditor claim period in Missouri is 6 months from the date of first publication. The estate cannot be closed until this period expires.
Local Resources
Washington County Court Resources
- Court Website: courts.mo.gov
- Case.net (Case Search): 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
- Missouri Lawyer Referral Service: missourilawyershelp.org
Publication
- The Independent Journal: (573) 438-5141 — Newspaper of general circulation in Potosi