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 Montgomery County, Missouri
How probate works in Montgomery County: the Circuit Court - Probate Division record, what the process costs, and how to file there.
Probate Court Record
Montgomery County Circuit Court - Probate Division
Montgomery County · 12th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
723 North Sturgeon Street, Montgomery City, MO 63361
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 who is not a Missouri attorney files original documents on paper with the clerk, under 12th Circuit Local Rule 72.1.
Fax
1-573-564-3914
About the court
- Part of the 12th Judicial Circuit serving Audrain, Montgomery and Warren Counties. During courthouse renovations the circuit court and Circuit Clerk's office are at a temporary location on North Sturgeon Street. The Probate Division's direct line is 573-564-3348.
Verified October 16, 2026 · Source
How Probate Works in Montgomery 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 Montgomery County, probate runs through the Circuit Court - Probate Division at 723 North Sturgeon Street, Montgomery City. The court sits in the 12th Judicial Circuit. Montgomery County shares the 12th Judicial Circuit with Audrain and Warren.
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 Montgomery County
What probate costs in Montgomery 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 723 North Sturgeon Street, Montgomery City. The court is part of the 12th Judicial Circuit.
Procedures at this court that affect cost: Settlements are e-filed with the vouchers and cancelled checks attached, numbered in the order of the disbursements and showing front and back.
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 Montgomery County, Missouri are filed at the Circuit Court - Probate Division. The court sits in the 12th 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 Montgomery County Self-Filing Assessment.
Montgomery County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
After a will or codicil is e-filed, the original is filed in person with the probate division within five business days.
The estate does not move forward until the original will or codicil is on file. The same five-day rule applies to the original commissions and testimonials of subscribing witnesses.
SourceEvery decedent's estate filing, including an application for letters, a small estate affidavit, a refusal of letters and a petition to determine heirship, includes a copy of the death certificate.
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 Montgomery County
In Missouri a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Montgomery 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
Montgomery County · Montgomery County Health Department
Fax
1-573-564-5059
Local rule
- Have the deceased person's full name and the date and city of death ready, and show a photo ID.
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
Montgomery County · Montgomery County Coroner
Phone
Verified November 2, 2026 · Source
Transferring Property in Montgomery 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 Montgomery County are recorded with the Recorder of Deeds at 310 Salisbury Street, Suite A, Montgomery City, MO 63361. Phone: 1-573-564-3157. 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.
Montgomery County does not offer e-recording.
Recording Office Record
Recorder of Deeds
Montgomery County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
310 Salisbury Street, Suite A, Montgomery City, MO 63361
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 Montgomery County
Missouri allows informal probate, so many families settle straightforward estates in Montgomery 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 Montgomery 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.
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.
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.
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.
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.
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.
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
- Montgomery County Circuit Court - Probate Division, official page
- Montgomery County Recorder of Deeds, official page
- Montgomery 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.
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