Serves St. Charles County from Lake St. Louis, with offices in St. Charles and O'Fallon (by appointment). Guides executors through Missouri probate, from filing the will and creditor notice to court-approved distribution, and handles contested will and trust disputes, guardianships, and conservatorships. Founder Charles J. Moore has practiced since 2005; consultations are free.
What to Do When Someone Dies in Franklin County, Missouri
How probate works in Franklin County: the Circuit Court - Probate Division record, what the process costs, and how to file there.
Probate Court Record
Franklin County Circuit Court - Probate Division
Franklin County · 20th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
401 East Main Street, Union, MO 63084
Website
Files probate
Probate Department
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
AllowedSelf-represented filers file on paper with the clerk. Statewide probate forms such as the small estate affidavit and the refusal of letters are on the Missouri courts forms page.
Accepted payment
- At the counterCash, Check, Money order, Credit card.Circuit Clerk accepts cash, check, money order, Visa, MasterCard, Discover, or American Express.
County forms
- Franklin County Schedule of FeesThe Circuit Clerk's filing fees, including the probate fees for letters, small estates, refusals of letters and trust filings.
Departments
- Probate Department1-636-583-6312 · Takes probate filingsThe probate department of the Circuit Clerk's office handles probate cases.
- Civil Department1-636-583-7366
- Criminal Department1-636-583-7365
About the court
- Part of the 20th Judicial Circuit serving Franklin, Gasconade and Osage Counties. Probate filings go to the Circuit Clerk's office in the Franklin County Judicial Center.
Verified October 16, 2026 · Source
How Probate Works in Franklin 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 Franklin County, probate runs through the Circuit Court - Probate Division at 401 East Main Street, Room 100A, Union. The court sits in the 20th Judicial Circuit. Franklin County shares the 20th Judicial Circuit with Gasconade and Osage.
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 Franklin County
What probate costs in Franklin 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 401 East Main Street, Room 100A, Union. The court is part of the 20th Judicial Circuit.
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 Franklin County, Missouri are filed at the Probate Department of the Circuit Court - Probate Division. The court sits in the 20th Judicial Circuit.
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 Franklin 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 Medical Examiner in Franklin County
In Missouri a death is registered locally, and in Franklin County certified copies of the death certificate are issued by Franklin County Health Department as well as by Missouri Department of Health and Senior Services - Bureau of Vital Records.
Vital Records Office Record
Local Health Department
Franklin County · Franklin County Health Department
Phone
Hours
Monday-Friday 8:00 AM-4:15 PM
Office
414 East Main Street, Union, MO 63084
Website
Certified copies
At the counter, issued while you wait
Franklin County Health Department
Attn: Vital Records
414 East Main Street
Union, MO 63084
Fax
1-636-583-7305
Local rule
- A card payment is taken until 4 pm; cash or check until 4:15 pm. A request by mail must be notarized.
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
Medical Examiner
Franklin County · Office of the Regional Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
1650 Boone's Lick Road, Suite 210, St. Charles, MO 63301
Website
Serves this county
St. Charles County Office of the Regional Medical Examiner
Mail and offices
Fax
1-636-949-1847
Verified November 2, 2026 · Source
Transferring Property in Franklin 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 Franklin County are recorded with the Recorder of Deeds at 400 East Locust, Room 102, Union, MO 63084. Phone: 1-636-583-6367. 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.
Franklin County accepts electronic recording through ePN, CSC, iCounty and Simplifile.
Recording Office Record
Recorder of Deeds
Franklin County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
400 East Locust, Room 102, Union, MO 63084
Fax
1-636-583-7330
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 Franklin County
Missouri allows informal probate, so many families settle straightforward estates in Franklin 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 Franklin 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.
Lake of the Ozarks firm with offices in Osage Beach and Columbia, serving the mid-Missouri region including Hickory, Benton and Morgan counties. Guides executors through Missouri probate: filing the will, notifying heirs and creditors, the inventory, paying debts and the final accounting, and drafts wills and trusts. Partner Staci Birdsong also handles minor and adult guardianships.
Serves Warren, Lincoln, Montgomery, St. Charles, and Franklin counties from Warrenton and Washington. Handles Missouri probate (proving the will, resolving claims, paying debts, filing tax returns, distributing assets) and guides trustees of a decedent's trust through notices and asset sales. Brian and Nicole Mense focus exclusively on estate planning, elder law, and long-term care.
Hermann office of a Washington, Missouri firm practicing since 1983, drawing clients from Gasconade, Warren, and Montgomery counties. David Politte handles decedents' estates, will administration, small estate administration, guardianships and conservatorships, and will and trust contests. He has served as Hermann's city attorney since 2004.
Founded in Ste. Genevieve, with additional offices in Festus and Perryville reaching Jefferson and Perry counties. Handles trust and probate administration for families settling an estate, along with revocable trust planning, wills, powers of attorney, asset protection, estate tax and Medicaid planning, and business succession. James M. Kreitler directs the estate planning practice.
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
- Franklin County Circuit Court - Probate Division, official page
- Franklin County Recorder of Deeds, official page
- Franklin 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.
