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.
What to Do When Someone Dies in Lincoln County, Missouri
How probate works in Lincoln County: the Circuit Court - Probate Division record, what the process costs, and how to file there.
Probate Court Record
Lincoln County Circuit Court - Probate Division
Lincoln County · 45th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
45 Business Park Drive, Troy, MO 63379
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
AllowedA self-represented filer files original pleadings and documents 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.
Fax
1-636-528-9168
About the court
- Part of the 45th Judicial Circuit serving Lincoln and Pike Counties. Probate filings go to the Circuit Clerk's office in the Lincoln County Justice Center.
Verified October 16, 2026 · Source
How Probate Works in Lincoln 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 Lincoln County, probate runs through the Circuit Court - Probate Division at 45 Business Park Drive, Troy. The court sits in the 45th Judicial Circuit. Lincoln County shares the 45th Judicial Circuit with Pike.
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 Lincoln County
What probate costs in Lincoln 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 45 Business Park Drive, Troy. The court is part of the 45th Judicial Circuit.
Procedures at this court that affect cost: Settlements are filed electronically with numbered vouchers and front-and-back copies of cancelled checks attached; account verifications are filed as a separate document.
Missouri's letters fee is tiered on the final inventory value: $115 up to $50,000, then $50 for each further $50,000, capped at $565 at $500,000 and above, and it includes one certified copy of the letters. Admitting a will adds $35, and each extra year the estate stays open adds $30. Counties add local surcharges at filingMo. Sup. Ct. Op. R. 21.01(a)(12)-(13); RSMo §§ 488.012, 483.580Verified Oct 17, 2026View source. 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 Lincoln County, Missouri are filed at the Circuit Court - Probate Division. The court sits in the 45th 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 Lincoln County Self-Filing Assessment.
Lincoln County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Original pleadings, wills and the first application for letters are filed with the Circuit Clerk and assigned to the Probate Division, whose clerk issues process and keeps the record.
SourceDocument Requirements
The original will or codicil is filed on paper with the probate division within five business days of the electronic filing; nothing further happens on the estate until it is.
SourceA copy of the death certificate is filed with every decedent's estate filing, including small estate affidavits, refusals of letters and heirship petitions.
SourceWhat 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 Lincoln County
In Missouri a death is registered locally, and in Lincoln County certified copies of the death certificate are issued by Lincoln 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
Lincoln County · Lincoln County Health Department
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
5 Health Department Drive, Troy, MO 63379
Website
Certified copies
Issued the same day
Lincoln County Health Department
Vital Records Registrar
5 Health Department Drive
Troy, MO 63379
Fax
1-636-528-8629
Local rule
- A photo ID is required, or at least two alternate forms of identification that name the applicant and the issuing organization.
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
Lincoln County · Lincoln County Coroner's Office
Phone
Website
Verified November 2, 2026 · Source
Transferring Property in Lincoln 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 Lincoln County are recorded with the Recorder of Deeds at 201 Main Street, Suite 203, Troy, MO 63379. Phone: 1-636-528-0325. 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.
Lincoln County accepts electronic recording through CSC.
Recording Office Record
Recorder of Deeds
Lincoln County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
201 Main Street, Suite 203, Troy, MO 63379
E-recording
available via CSC
Fees
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 Lincoln County
Missouri allows informal probate, so many families settle straightforward estates in Lincoln 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 Lincoln 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.
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.
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 northeast Missouri and west central Illinois from Hannibal, practicing in thirteen Missouri counties including Marion, Ralls, Pike, Monroe, and Shelby. Handles probate estate administration, guardianships and conservatorships for minors, the elderly, and people with disabilities, and will and trust litigation. Six attorneys practice at the firm, founded in 1974.
Mexico firm, founded in 1976, with a branch in Montgomery City. Handles administration of a loved one's estate after death, guardianships and conservatorships, and elder law matters including protecting an elder from abuse or fraud. Six attorneys practice here; co-founder Dan K. Erdel's work covers wills, probate, trusts, and taxation.
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
- Lincoln County Circuit Court - Probate Division, official page
- Lincoln County Recorder of Deeds, official page
- Lincoln 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.
