What to Do When Someone Dies in Madison County, Missouri

How probate works in Madison County: the Circuit Court - Probate Division record, what the process costs, and how to file there.

Probate Court Record

Madison County Circuit Court - Probate Division

Madison County · 24th Judicial Circuit

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

3 Court Square, Suite 1, Fredericktown, MO 63645

Self-represented filing

Allowed

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.

Verified October 16, 2026 · Source

How Probate Works 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.

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 Madison County

What probate costs in Madison 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 3 Court Square, Suite 1, Fredericktown. The court is part of the 24th Judicial Circuit.

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 Madison County, Missouri are filed at the Circuit Court - Probate Division. The court sits in the 24th 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 Madison County Self-Filing Assessment.

Madison 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

Probate matters are filed in Division III, the Associate Circuit division.

Source

An application for letters names the newspaper for publication of the notice, and the clerk starts the publication.

The estate's attorney arranges publication of the notice of filing of final settlement when notices are mailed to the devisees.

Source

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 Madison County

In Missouri a death is registered locally, and in Madison County certified copies of the death certificate are issued by Madison 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

Madison County · Madison County Health Department

Hours

Monday-Friday 7:00 AM-5:30 PM (closed 12:30-13:00)

Office

105 Armory Street, Fredericktown, MO 63645

Fax

1-573-783-8039

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Madison County · Madison County Coroner

Mail and offices

Fax

1-573-783-7729

Verified November 2, 2026 · Source

Transferring Property in Madison 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 Madison County are recorded with the Recorder of Deeds at 1 Court Square, Fredericktown, MO 63645. Phone: 1-573-783-2176. Hours: Monday-Friday 8:00 AM-5:00 PM.

The Recorder of Deeds charges $26 for the first page plus $3 for each additional page.

Madison County accepts electronic recording through CSC.

Recording Office Record

Recorder of Deeds

Madison County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

1 Court Square, Fredericktown, MO 63645

E-recording

available via CSC

Fees

Recording fees

Base fee (first page)$26
Each additional page$3
Transfer tax on a TOD deedNo 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

Probate Attorneys Serving Madison County

Missouri allows informal probate, so many families settle straightforward estates in Madison 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 Madison 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.

FirmCape Girardeau, MO

Layton & Southard, LLC

Serves 6 counties

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.

PracticesEstate PlanningTrust AdministrationProbateSpecial Needs PlanningMedicaid Planning

Office
2845 Professional CtCape Girardeau, MO 63703
Free consultation

FirmFredericktown, MO

Schnapp, Silvey, Reid & Bollinger, LLC

Since 1947 · Serves 8 counties

Fredericktown firm with a second office in Farmington, serving St. Francois, Madison, Ste. Genevieve, Washington, Iron, Reynolds, Bollinger, and Wayne counties. Handles probate, guardianships, and conservatorships, plus wills, trusts, powers of attorney, and Medicaid planning. Attorneys Michael W. Silvey, R. Scott Reid, and Nathaniel J. Bollinger; established 1947.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 4 more

Office
135 E Main StFredericktown, MO 63645

Solo PracticeFestus, MO

Gonz Law Firm, LLC

Serves 7 counties

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.

PracticesEstate PlanningGuardianshipFamily Law

Office
386 Festus Centre DrFestus, MO 63028

FirmPoplar Bluff, MO

Kennedy, Robbins, Yarbro & Henson, LC

Since 1979 · Serves 10 counties

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.

PracticesEstate PlanningProbateBusiness LawCriminal Defenseand 2 more

Office
1165 Cherry StreetPoplar Bluff, MO 63901
Free consultation

FirmSpringfield, MO

The Piatchek Law Firm, LLC

Serves the whole state

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.

PracticesEstate PlanningProbateElder LawConservatorshipand 4 more

Office
1546 E Bradford PkwySpringfield, MO 65804

Solo PracticeLaurie, MO

Renken Law Firm

Serves the whole state

Laurie practice of attorney Andrew W. Renken, serving the Lake of the Ozarks and Camden, Miller, Morgan, and Laclede counties, and taking estate planning cases throughout Missouri. Handles probate administration, guardianships, and conservatorships, and prepares wills, trusts, powers of attorney, health care directives, and living wills. Evening and weekend appointments are available.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more

Office
724 N Main StLaurie, MO 65037
See all 8 firms serving Madison County →

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.

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Legal Sources

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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.

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