Estate Planning & Probate in Madison County, Missouri
Madison County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. This page points you to the right path—planning ahead, or settling an estate at the Circuit Court - Probate Division.
Someone died — settling an estate
Filing probate at the Circuit Court - Probate Division, what it costs, transferring property, and local attorneys.
What to do when someone dies in Madison County →Planning ahead as a property owner
Keep a Madison County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Madison County →The Probate Process in Madison 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 Madison County, probate runs through the Circuit Court - Probate Division at 3 Court Square, Suite 1, Fredericktown. The court sits in the 24th Judicial Circuit. Madison County shares the 24th Judicial Circuit with St. Francois, Ste. Genevieve and Washington.
Full Madison County probate guide: cost, how to file & attorneys →Probate Court Record
Madison County Circuit Court - Probate Division
Madison County · 24th Judicial Circuit
Hours
Office
Website
E-filing
Self-represented filing
How to file probate in Madison County →
Verified October 16, 2026 · Source
Recording Office Record
Recorder of Deeds
Madison County
Phone
Hours
Office
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
Local Health Department
Madison County · Madison County Health Department
Phone
Hours
Office
Website
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Madison County · Madison County Coroner
Phone
Website
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Circuit Court - Probate Division
Probate matters are filed in Division III, the Associate Circuit division. The estate's attorney arranges publication of the notice of filing of final settlement when notices are mailed to the devisees.
Forms for Planning and Settling an Estate in Missouri
Free Missouri forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Missouri.
Last Will and Testament
In Missouri, a will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo § 474.320Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Missouri, a pour-over will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Missouri requires 2RSMo § 459.015 (optional living will form only)Verified Oct 15, 2026View source witnesses and notarizationRSMo § 459.015 (optional living will form only)Verified Oct 15, 2026View source for a healthcare power of attorney.
Financial Power of Attorney
Missouri requires explicit durability language for a power of attorney to survive incapacityRSMo §§ 404.700-404.735Verified Oct 21, 2026View source, and it is signed before a notaryRSMo §§ 404.700-404.735Verified Sep 18, 2026View source.
Tools for Planning and Settling an Estate in Missouri
Free calculators and checklists to plan or settle an estate in Missouri: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Missouri, estates valued at $40,000RSMo § 473.097Verified Sep 8, 2026View source or less use the Small Estate AffidavitRSMo § 473.097Verified Sep 8, 2026View source, 30 daysRSMo § 473.097Verified Sep 8, 2026View source after death, a court filing short of full probate.
Who Inherits Without a Will?
Without a will in Missouri, a surviving spouse takes the first $20,000 plus half of the restMo. Rev. Stat. § 474.010Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationMo. Rev. Stat. § 474.020Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Missouri costs an estimated $28,815RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source.
Missouri Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Madison County.
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