Sikeston firm representing clients across Scott, Mississippi, New Madrid, Stoddard, Pemiscot, Dunklin, Butler, and Cape Girardeau counties. Its emphasis is estate planning, estate administration, and estate litigation: probating wills, administering trusts and non-probate transfers, and handling will and trust contests. Bruce A. Lawrence and R. Kye Lawrence offer a free initial consultation.
What to Do When Someone Dies in Scott County, Missouri
How probate works in Scott County: the Circuit Court - Probate Division record, what the process costs, and how to file there.
Probate Court Record
Scott County Circuit Court - Probate Division
Scott County · 33rd Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
131 South New Madrid Street, Benton, MO 63736
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
AllowedMissouri publishes statewide probate forms for small estate affidavits and refusal of letters. The clerk's office does not provide guardianship or conservatorship paperwork, and its clerks do not give legal advice.
Accepted payment
- At the counterCash, Money order, Credit card, Debit card.The clerk's office takes cash, money orders and cashier's checks in person, and debit or credit cards online through courtmoney.com. Personal checks are not accepted, and payments are made out to Scott County Circuit Court.
County forms
- Scott County Circuit Court feesThe court's fee sheet, including what each probate filing must include, such as the party information sheet, the original will and a copy of the death certificate.
P.O. Box 587
Benton, MO 63736
Fax
1-573-545-3685
Departments
- Circuit Clerk1-573-545-3596
- Associate Division1-573-545-3576
About the court
- Part of the 33rd Judicial Circuit serving Mississippi and Scott Counties. The circuit clerk's office has moved to the Scott County Justice Center, and probate has its own phone and fax there.
Verified October 16, 2026 · Source
How Probate Works in Scott 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 Scott County, probate runs through the Circuit Court - Probate Division at 131 South New Madrid 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. 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 Scott County
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 New Madrid Street, Benton. The court is part of the 33rd Judicial Circuit.
Procedures at this court that affect cost: Service fees go directly to the sheriff or process server, and publication is paid directly to the newspaper.
The Circuit Court - Probate Division charges $115 - $565 (based on estate value)Mo. Sup. Ct. Op. R. 21.01(a)(12)-(13); RSMo §§ 488.012, 483.580Verified Oct 17, 2026View source to open a probate case. 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 Scott County, Missouri are filed at the Circuit Court - Probate Division. The court sits in the 33rd Judicial Circuit.
Beside the filing office, the court lists separate lines for Circuit Clerk and Associate Division.
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 Scott County Self-Filing Assessment.
Scott 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
A refusal of letters application includes a copy of the death certificate and papers showing the asset and its value, and a creditor also files a copy of the paid funeral bill.
A will application includes the party information sheet and the original will, and a small estate filing includes the notarized affidavit to establish title of distributees.
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 Scott County
In Missouri a death is registered locally, and in Scott County certified copies of the death certificate are issued by Scott 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
Scott County · Scott County Health Department
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
102 Groves Estates Court, Sikeston, MO 63801
Website
Certified copies
Issued the same day
Scott County Health Department
P.O. Box 129
Sikeston, MO 63801
Fax
1-573-471-7348
Local rule
- Certificates are issued immediately when the form is presented in person. Requests by mail take one to two weeks.
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
Scott County · Scott County Coroner
Mail and offices
Fax
1-573-483-0037
Verified November 2, 2026 · Source
Transferring Property in Scott 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 Scott County are recorded with the Recorder of Deeds at 131 South Winchester Street, Room 134, Benton, MO 63736. Phone: 1-573-545-3551. 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
Recorder of Deeds
Scott County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
131 South Winchester Street, Room 134, Benton, MO 63736
E-recording
available via CSC
P.O. Box 78
Benton, MO 63736
Fax
1-573-545-4482
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 Scott County
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.
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.
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.
Columbia firm serving clients throughout Missouri. Handles probate decedent estates from small estates to full administration, administers trusts after a death, and litigates will and trust contests, breach of fiduciary duty, accountings, and removal of fiduciaries. Also handles guardianships, conservatorships, and special needs planning; new probate clients get a complimentary consultation.
Jefferson City practice of attorney Todd Miller, who serves clients across Missouri and has handled probate and estate disputes in more than 30 counties. Guides personal representatives through petitions, creditor payments, distributions, and court deadlines, and represents heirs in will contests and beneficiary disputes. Also handles Medicaid planning, guardianships, and conservatorships.
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
- Scott County Circuit Court - Probate Division, official page
- Scott County Recorder of Deeds, official page
- Scott 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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