Overview
Webster County is located in Missouri with a population of approximately 42,041. The Webster 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 Revised Statutes (Chapters 470-475). The process begins with filing a Petition for Letters Testamentary (if there is a will) or a 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 procedure for estates valued at $40,000 or less (excluding liens, debts, and encumbrances). This process, known as a "Small Estate Affidavit," can be filed 30 days after death and avoids full probate administration.
Statutory Fees: Missouri law sets a minimum fee schedule for personal representatives and attorneys 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 million
This guide provides an informational overview of the Webster 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
Webster County Circuit Court, Probate Division
Probate matters in Webster County are handled at the Webster County Courthouse.
Address: 101 S. Crittenden St., Rm. 22, Marshfield, MO 65706
Phone: (417) 859-2041 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (verify current hours with the court)
The Probate Division is part of the 30th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Public parking is available around the courthouse square in downtown Marshfield. 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 (net value), you may file a small estate affidavit after a 30-day waiting period.
- Refusal of Letters: For surviving spouses or unmarried minor children, the court may "refuse" letters if the estate is small (statutory allowances apply).
- 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 Letters Testamentary or Petition for Letters of Administration with the Webster County Circuit Court. Include:
- Petition for Probate of Will and/or Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $148.50 without will; $183.50 with will)
- List of heirs and interested parties
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file.
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 Webster County (such as The Marshfield Mail) 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months).
- 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
Webster County-Specific Procedures
- E-filing: Webster County participates in the Missouri e-filing system. Attorneys are typically required to file documents electronically.
- Bond requirements: A bond is generally required for personal representatives unless the will waives it or all heirs consent to waive it (and the court approves).
- Publication: Notice to creditors must be published in a local newspaper like The Marshfield Mail once a week for four consecutive weeks.
- Local Forms: While state forms are standard, check with the Circuit Clerk for any county-specific cover sheets or procedural requirements.
Timeline & Fees
Filing Fees (Webster County)
- Small Estate Affidavit (no will): approximately $68.50
- Small Estate Affidavit (with will): approximately $103.50
- Full Estate (no will): approximately $148.50
- Full Estate (with will): approximately $183.50
- Certified copies: fees vary (typically ~$1.50 per page + certification fee)
- Publication costs: approximately $150-$200 depending on the newspaper
Note: Fees are subject to change. Verify exact amounts with the Circuit Clerk.
Payment Methods
The court typically 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
- Simple estates: 6-9 months (minimum 6 months for creditor claim period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
The timeline is largely dictated by the statutory 6-month period for creditors to file claims against the estate.
Local Resources
Webster County Court Resources
- Court Website: webstercountymo.gov
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (417) 881-1397 — lsosm.org
Publication
- The Marshfield Mail: (417) 859-2013 — marshfieldmail.com