Probate in Scott County runs through the Circuit Court - Probate Division: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Scott County, settling their estate runs through the Circuit Court - Probate Division. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Scott County · 33rd Judicial Circuit
Address
Phone
Fax
Hours
Accepted paymentCash, Money order, Check, Credit card, Debit card. In person: cash, money orders, and cashier's checks. By mail: money orders and cashier's checks only. Online: debit/credit cards via courtmoney.com.
Part of 33rd Judicial Circuit serving Scott and Mississippi Counties. Probate, Criminal & Family Court units on 2nd floor, Room 240; Civil & Administrative units in Room 208. Circuit Clerk direct line 573-545-3596. Mailing: PO Box 587, Benton, MO 63736. A new Scott County Justice Center is under construction at 131 S. New Madrid Street (groundbreaking May 2025); the Circuit Clerk page now shows a mailing address of PO Box 188, but county directory listings still show the S. Winchester Street courthouse and PO Box 587. Passport services close noon-1pm but general court business operates continuously.
Verified July 5, 2026 · Source
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 Scott County, probate runs through the Circuit Court - Probate Division at 131 South Winchester Street, Benton. The court sits in the 33rd Judicial Circuit. Scott County shares the 33rd Judicial Circuit with Mississippi.
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. The 6 monthsRSMo § 473.360Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Scott 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 131 South Winchester Street, Benton. The court is part of the 33rd Judicial Circuit.
Missouri charges $115 - $565 (based on estate value)Mo. Sup. Ct. Op. R. 21.01(a)(12)-(13); RSMo §§ 488.012, 483.580Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court - Probate Division accepts e-filing (https://www.courts.mo.gov/page.jsp?id=50531). Paper filing remains available for self-represented filers.
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.
Executor compensation is also statutory in Missouri. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Missouri requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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.
Probate documents in Scott County can be filed in person at the Circuit Court - Probate Division, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 33rd Judicial Circuit.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court - Probate Division is realistic.
For a full cost comparison and filing checklist, see the Scott County Self-Filing Assessment.
Before You Go
You can file in person without an appointment. Walk-in service at the Circuit Clerk counter during business hours; no appointment system. A drop box is available on the south end of the courthouse.
Cash, Money order, Check, Credit card, Debit card. In person: cash, money orders, and cashier's checks. By mail: money orders and cashier's checks only. Online: debit/credit cards via courtmoney.com.
To file at the Circuit Court - Probate Division you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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 Scott County are recorded with the Recorder of Deeds, led by Recorder of Deeds Tara Mason, at 131 S. Winchester St, Room 134, Benton, MO 63736. Phone: 573-545-3551. Hours: Monday-Friday 8:00 AM - 4:30 PM.
Documents submitted by mail go to P.O. Box 78, Benton, MO 63736.
The Recorder of Deeds charges $26 for the first page plus $3 for each additional page.
Scott County accepts electronic recording through CSC.
Recording Office Record
Scott County · Recorder of Deeds · Tara Mason
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first page) | $26 |
| Each additional page | $3 |
| Transfer tax on a TOD deed | Exempt |
RSMo 59.310.6(1), 59.319, 59.321, 59.800, 50.1190
Verified September 7, 2026 · Source
Missouri allows informal probate, so many families settle straightforward estates in Scott 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 Scott 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.
FirmSikeston, MO
Sikeston law firm serving Missouri's Bootheel region with estate planning, estate administration, and estate litigation services. Bruce A. Lawrence and R. Kye Lawrence provide coverage across southeast Missouri.
PracticesEstate PlanningEstate AdministrationProbate LitigationTrust Litigation
FirmCape Girardeau, MO
Serves Cape Girardeau County plus Scott, Perry, and Bollinger counties in southeast Missouri. Guides personal representatives through probate — filing the will, Letters Testamentary, inventory, creditor claims, and distribution — in both supervised and independent administration, and handles farm and business succession. Kelvin Birk is both an attorney and a CPA, and consultations are free.
PracticesEstate PlanningTrust AdministrationBusiness LawProbate AdministrationReal Estate
FirmCape Girardeau, MO
Practices in the Cape Girardeau, Perry, and Scott county probate courts from offices in Cape Girardeau and Perryville. Handles probate and trust administration for families after a death, plus wills, revocable and irrevocable trusts, special needs trusts, and Medicaid planning for long-term care. John Layton and Stephen Southard have practiced here since 1972, and the initial consultation is free.
PracticesEstate PlanningMedicaid PlanningProbate AdministrationWills Trusts
FirmSpringfield, MO
Springfield law firm helping families understand Missouri probate laws. Experienced lawyers handle probate in many county courts throughout Missouri, guiding clients from opening estates to closing them.
PracticesEstate PlanningElder LawAsset ProtectionProbate Administration
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.
Data sourced from Missouri statutes and official state code. How we research.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Scott County, Missouri.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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