Cape Girardeau firm serving clients throughout Southeast Missouri. Guides personal representatives through probate — filing the will, Letters Testamentary, inventory, creditor claims, and distribution — in both supervised and independent administration, and handles farm and business succession. Kelvin Birk is both an attorney and a CPA, and consultations are free.
What to Do When Someone Dies in Cape Girardeau County, Missouri
How probate works in Cape Girardeau County: the Circuit Court - Probate Division record, what the process costs, and how to file there.
Probate Court Record
Cape Girardeau County Circuit Court - Probate Division
Cape Girardeau County · 32nd Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
203 North High Street, Suite 129, Jackson, MO 63755
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys file probate cases through the statewide Missouri eFiling System. The original will is filed on paper with the probate division. On paper: Self-represented filers file on paper with the clerk; the eFiling system is open to Missouri attorneys and approved agency filers.
Self-represented filing
AllowedNon-lawyer self-represented filers are not required to e-file and file on paper with the circuit clerk. Publication costs are paid directly to the newspaper, and publication is required for a small estate over $15,000.
County forms
- 32nd Circuit Probate Schedule of Deposits and Fees (Appendix C)The deposit due with each probate filing, including letters, small estate affidavits, refusals of letters and the inventory-value fees, in the circuit's local rules.
Fax
1-573-331-2565
Departments
- Circuit Criminal, Divisions I and II1-573-243-1755 · cpg.jackson.criminal@courts.mo.gov
- Misdemeanors and Traffic1-573-243-8446
About the court
- Part of the 32nd Judicial Circuit serving Bollinger, Cape Girardeau and Perry Counties. Probate is handled by the circuit clerk's Civil Division in Suite 129 of the Cape Girardeau County Courthouse in Jackson.
Verified October 16, 2026 · Source
How Probate Works in Cape Girardeau County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Cape Girardeau County, probate runs through the Circuit Court - Probate Division at 203 North High Street, Suite 129, Jackson. The court sits in the 32nd Judicial Circuit. Cape Girardeau County shares the 32nd Judicial Circuit with Bollinger and Perry.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Missouri intestacy law when there is no will.
Most Missouri estates take 12 months to 18 months to move through this process. Creditors have 6 monthsRSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Cape Girardeau County
What probate costs in Cape Girardeau County, Missouri comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court - Probate Division at 203 North High Street, Suite 129, Jackson. The court is part of the 32nd Judicial Circuit.
Procedures at this court that affect cost: The probate deposit set in the circuit's Appendix C is paid with the petition.
The Circuit Court - Probate Division charges $115 - $565 (based on estate value)Mo. Sup. Ct. Op. R. 21.01(a)(12)-(13); RSMo §§ 488.012, 483.580Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Missouri sets attorney fees by statute — a percentage of the estate's gross value. Every attorney charges the same schedule, so the decision to hire one comes down to complexity, not price.
Missouri sets executor compensation by statute — about $14,050 on a $500,000 estate, roughly 2.8%RSMo § 473.153(1) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M, on personal property administered and court-ordered real estate sales)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Missouri requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under RSMo §§ 473.157 (requirement), 473.160 (waiver by will)Verified Sep 8, 2026View source of estate value annually.
Probate in Missouri typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court - Probate Division
Probate cases in Cape Girardeau County, Missouri are filed at the Circuit Court - Probate Division. The court sits in the 32nd Judicial Circuit.
Beside the filing office, the court lists separate lines for Circuit Criminal, Divisions I and II and Misdemeanors and Traffic.
Can You File Without an Attorney?
Missouri has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableRSMo §§ 473.023 (court or clerk grants letters), 473.073 (clerk or court admits the will and grants letters), 473.047 (judge or clerk grants a certificate of probate), 473.065 (self-proved will)Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Cape Girardeau County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the Circuit Court - Probate Division: Copy of the death certificate; Original will and any codicils, delivered to the probate division after death (RSMo 473.043); OSCA: "the Original Will must be filed with Probate (RSMo 473.043) before Letters will be granted"; Application for Letters Testamentary / of Administration stating decedent, heirs/devisees, probable value of the estate, the attorney for the applicant, and whether supervised or independent administration is sought (RSMo 473.017.1(1)-(10)); Bond, unless waived by the will or excused by the court (RSMo 473.157, 473.160)RSMo 473.017 (application for letters - content); 473.020 (who may apply / time limits); 473.023 (court or clerk to grant letters); 473.073 (proof required for probate and grant of administration); 473.110 (priority for letters); 473.780-.843 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Cape Girardeau County
In Missouri a death is registered locally, and in Cape Girardeau County certified copies of the death certificate are issued by Cape Girardeau County Public Health Center as well as by Missouri Department of Health and Senior Services - Bureau of Vital Records.
Vital Records Office Record
Local Health Department
Cape Girardeau County · Cape Girardeau County Public Health Center
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
1121 Linden Street, Cape Girardeau, MO 63703
Website
Certified copies
At the counter, issued while you wait
Fax
1-573-335-5909
Local rule
- Mail requests are paid by money order; personal checks are not accepted by mail.
Certified copy fees
| First certified copy | $14 |
| Each additional copy ordered at the same time | $11 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Cape Girardeau County · Cape Girardeau County Coroner
Phone
Website
Mail and offices
Fax
1-573-339-0797
Verified November 2, 2026 · Source
Transferring Property in Cape Girardeau County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Recorder of Deeds.
Deeds and other real property documents for Cape Girardeau County are recorded with the Recorder of Deeds at 1 Barton Square, Suite 203, Jackson, MO 63755. Phone: 1-573-243-8123. Hours: Monday-Friday 8:00 AM-4:30 PM.
The Recorder of Deeds charges $26 for the first page plus $3 for each additional page.
Cape Girardeau County accepts electronic recording through Simplifile, CSC, ePN and iCounty.
Recording Office Record
Recorder of Deeds
Cape Girardeau County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
1 Barton Square, Suite 203, Jackson, MO 63755
Fax
1-573-204-2477
Recording fees
| Base fee (first page) | $26 |
| Each additional page | $3 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
RSMo 59.310.6(1), 59.319, 59.321, 59.800, 50.1190
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Cape Girardeau County
Missouri allows informal probate, so many families settle straightforward estates in Cape Girardeau County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Missouri are set by statute as a percentage of the estate's value, so every Cape Girardeau County attorney charges the same schedule. Price isn't the variable — experience with the Circuit Court - Probate Division and responsiveness are.
A probate attorney files the petition with the Circuit Court - Probate Division, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Practices in the Cape Girardeau, Perry, and Scott county probate courts from offices in Cape Girardeau and Perryville. Guides families through probate, from filing the will to paying debts and distributing the estate, and assists with trust administration, special needs trusts, and Medicaid planning. Founding attorney John A. Layton has practiced since 1972; the first consultation is free.
Festus practice of attorney Jackie Gonz, who opened her own practice in 1995 and serves Ste. Genevieve, Jefferson, Perry, St. Francois, Cape Girardeau, Madison, and Washington counties. The firm is led by divorce and child custody work and also lists estate planning and guardianship among the matters it handles. Evening and weekend appointments are available by request.
Poplar Bluff firm with roots in the city since 1979, serving Butler County and the Ozark Foothills towns of Doniphan, Van Buren, Piedmont and Ellington. Handles estate administration and probate alongside wills, trusts and powers of attorney. Partner Scott A. Robbins, in practice in Poplar Bluff since 1996, lists probate and estate planning among his practice areas.
Sikeston firm representing clients across Scott, Mississippi, New Madrid, Stoddard, Pemiscot, Dunklin, Butler, and Cape Girardeau counties. Its emphasis is estate planning, estate administration, and estate litigation: probating wills, administering trusts and non-probate transfers, and handling will and trust contests. Bruce A. Lawrence and R. Kye Lawrence offer a free initial consultation.
Springfield firm serving Greene County and southwest Missouri, handling probate in county courts throughout the state. Runs estate administrations, small estates, refusals of letters, heirship determinations and affidavits, guardianship and conservatorship estates, and ancillary probate. Its elder law practice covers Medicaid (MO HealthNet) planning and special needs trusts.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- Mo. Sup. Ct. Op. R. 21.01(a)(12)-(13); RSMo §§ 488.012, 483.580
- RSMo § 473.153(1) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M, on personal property administered and court-ordered real estate sales)
- RSMo §§ 473.023 (court or clerk grants letters), 473.073 (clerk or court admits the will and grants letters), 473.047 (judge or clerk grants a certificate of probate), 473.065 (self-proved will)
- RSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444
- RSMo 473.017 (application for letters - content); 473.020 (who may apply / time limits); 473.023 (court or clerk to grant letters); 473.073 (proof required for probate and grant of administration); 473.110 (priority for letters); 473.780-.843 (independent administration)
- RSMo 59.310.6(1), 59.319, 59.321, 59.800, 50.1190
- Cape Girardeau County Circuit Court - Probate Division, official page
- Cape Girardeau County Recorder of Deeds, official page
- Cape Girardeau County vital records and death investigation offices, official page
Data sourced from Missouri statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Missouri
Free tools for settling an estate in Missouri: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Missouri.
How Do I Settle an Estate?
Settling an estate in Missouri: the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment; creditors have 6 monthsRSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Missouri happens outside court: the trustee acts under the state's Uniform Trust CodeMo. Rev. Stat. § 456.1-101 et seq. (Missouri Uniform Trust Code)Verified Oct 17, 2026View source, notifies the beneficiaries within 120 daysRSMo §§ 456.8-813, 456.10-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Missouri has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableRSMo §§ 473.023 (court or clerk grants letters), 473.073 (clerk or court admits the will and grants letters), 473.047 (judge or clerk grants a certificate of probate), 473.065 (self-proved will)Verified Sep 8, 2026View source.
Get the Answer
Hire a Missouri Probate Attorney
Browse vetted Missouri attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
