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Missouri · 12th Judicial Circuit of Missouri

Montgomery County Circuit Court probate division Guide

Circuit Court probate division information · Updated July 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

Graduated by estate value
Court filing fee
6 months
Creditor claims, from appointment
573-564-3341
Filing office phone
Independent guide · Verified July 2026 · Montgomery County Circuit Court, Probate DivisionSources (12)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Missouri Bureau of Vital Records

Certified Missouri death certificates ($14 for the first copy and $11 for each additional copy of the same record ordered at the same time) are issued by the Missouri Bureau of Vital Records, part of the Department of Health and Senior Services, for deaths from January 1910 to the present. Order in person, by mail with a completed application and photo identification, or online or by phone through the state’s authorized vendor. Certified copies of a local death may also be available from a Montgomery County local public health agency that issues certified copies. Montgomery County families order through the state office; the probate division does not issue death certificates.

How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

A person having custody of a will must deliver it after the testator’s death, and the original will is presented to the probate division of the circuit court to be admitted to probate. Missouri sets no fixed numeric day count for a custodian to deliver the will, so this template uses 0 to mean “no fixed statutory deadline, deliver promptly and verify locally.” A will must be presented for probate within six months after the first publication of the notice of granting of letters, or, if no letters have been granted and no notice published, within one year after the date of death; a will not timely presented is forever barred from admission to probate. (Mo. Rev. Stat. § 473.050)

Cost: Verify locally
Where: Montgomery County Circuit Clerk (Probate Division)
Clerk Website

Creditor claim window

Creditors generally have 6 months from first published notice of letters to bring claims against the estate. (Mo. Rev. Stat. § 473.360; § 473.444)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Missouri small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Missouri’s small estate procedure lets a distributee collect estate property by affidavit when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000, at least 30 days have passed since death, and no application for letters or for refusal of letters is pending or has been granted. If the estate exceeds the exempt-property and allowance amounts, the affiant must publish notice to creditors and may need to post bond. Verify eligibility for the specific assets and institutions involved with the probate division.

Qualifies:
$40,000

The personal representative (executor with a will, administrator without a will) applies for and receives letters from the probate division of the circuit court in Montgomery County, files an inventory and appraisement within thirty days of letters, publishes notice of letters to creditors, pays valid claims, and files a final settlement and distribution to close the estate. Real property generally passes to heirs or devisees at death and is administered only as needed to pay claims. Verify bond, surety, original-will, and notice requirements with the probate division.

Attorney:
not required by law, though many families use one

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Application for Letters Testamentary or Letters of Administration
  • Inventory and Appraisement
  • Notice of Letters to Creditors (Publication)
  • Final Settlement and Distribution

Under the Missouri Independent Administration of Estates Law, an estate may be administered without ongoing court supervision of routine acts when the will authorizes independent administration or when the distributees request or consent to it. The personal representative still opens the estate, gives notice to creditors, files an inventory, and closes the estate. Verify eligibility and the closing method with the probate division.

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Application for Letters Testamentary or Letters of Administration
  • Inventory and Appraisement
  • Notice of Letters to Creditors (Publication)
  • Final Settlement and Distribution

Missouri's small estate procedure allows a distributee to collect estate property by affidavit when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000, at least 30 days have elapsed since death, and no application for letters or for refusal of letters is pending or has been granted. If the estate exceeds the exempt-property and allowance amounts, the affiant must publish notice to creditors and may need to post bond.

Qualifies:
$40,000

Documents you'll need:

  • Certified Death Certificate
  • Small Estate Affidavit

The court may refuse to grant letters, a simplified path that avoids full administration, to a surviving spouse or unmarried minor children when the entire estate does not exceed the exempt property plus statutory allowances. A creditor may instead apply for refusal of letters when the personal estate does not exceed $15,000 and there is no surviving spouse or unmarried minor children, on giving bond to pay the decedent’s debts in the order of legal preference. Verify eligibility with the probate division.

Qualifies:
$15,000

File for Probate

Where to file, forms & fees

Where to File

Office: Montgomery County Circuit Court, Probate Division
Address: 211 East Third Street, Montgomery City, MO 63361
Hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
How: in person
Get Forms

Free Filing Help Available

Montgomery County Circuit Court, Probate Division can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Montgomery County Recorder of Deeds

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Missouri Department of Revenue (DOR), Motor Vehicle Bureau. Titling and registration are processed at a statewide network of DOR contract license offices (fee offices) or by mail to the Motor Vehicle Bureau, PO Box 100, Jefferson City, MO 65105-0100 (phone 573-526-3669).

Office Website

When a Missouri vehicle owner dies, the certificate of ownership (title) is transferred through the Missouri Department of Revenue at any license office or by mail to the Motor Vehicle Bureau. Missouri offers three nonprobate paths: a transfer-on-death (TOD) beneficiary designation, joint ownership with right of survivorship, and a surviving-spouse or unmarried-minor-child exempt-property claim for one vehicle. Estates that do not qualify use a small estate affidavit or full probate, and the personal representative or distributee retitles the vehicle with a court certificate or Letters.

Transfer scenarios

Transfer-on-Death (TOD) Beneficiary Designation

Documents needed:

  • Certificate of ownership issued in beneficiary form (naming the TOD beneficiary during the owner's lifetime on Form 108)
  • Certified copy of the death certificate (or newspaper obituary / funeral home notice) of the owner or last surviving joint owner
  • Application for Missouri Title and License (Form 108) in the beneficiary's name
  • Payment of the title fee and processing fee

During life the owner designates the beneficiary on Form 108 and the DOR issues a title in beneficiary form. After death the beneficiary surrenders the outstanding title, submits proof of death and a new Form 108, and pays the fee at a license office; the DOR issues a new certificate to the beneficiary. The beneficiary may make one reassignment of the title without first titling it in their own name.

Joint Ownership with Right of Survivorship

Documents needed:

  • Outstanding certificate of ownership showing the joint owners (not marked tenants in common)
  • Certified copy of the death certificate (or newspaper obituary / funeral home notice) of the deceased joint owner
  • Application for Missouri Title and License (Form 108) in the surviving owner's name
  • Payment of the title fee and processing fee

The surviving owner surrenders the outstanding title, submits proof of death and a completed Form 108, and pays the fee at a license office. The DOR issues a new certificate to the surviving owner, subject to any recorded security interest. No probate or court order is required. If the title shows the owners as tenants in common, survivorship does not apply and the deceased owner's share must pass through probate or another nonprobate path.

Surviving Spouse or Unmarried Minor Child - Exempt Property (One Vehicle)

Documents needed:

  • Application for Missouri Title and License (Form 108) in the name of the surviving spouse or unmarried minor child
  • Certificate of ownership in the deceased owner's name (or with the deceased named as purchaser in the title assignment)
  • Photocopy of proof of death (death certificate or newspaper obituary)
  • Affidavit to Establish Title to Exempt Property (Form 2305), completed, signed, and notarized
  • Payment of the $8.50 duplicate title fee and the $9.00 processing fee

The surviving spouse or unmarried minor child completes and notarizes Form 2305, completes Form 108 in their own name, and submits both with a photocopy of proof of death and the fee at any license office or by mail to the Motor Vehicle Bureau. This path is limited to one vehicle.

Small Estate Affidavit

Documents needed:

  • Small estate affidavit filed with the probate division of the circuit court, with the clerk's small estate certificate (RSMo 473.097 and 301.682(2))
  • Application for Missouri Title and License (Form 108) in the distributee's name
  • Certificate of ownership in the deceased owner's name (or an affidavit for a lost title)
  • Payment of the title fee and processing fee

At least 30 days after death, and only if no application for letters is pending, the distributee files the small estate affidavit and required bond with the probate division of the circuit court. Once the clerk issues the small estate certificate, the distributee submits it with Form 108 and the assigned or surrendered title to a license office to retitle the vehicle.

Full Probate - Personal Representative Transfer

Documents needed:

  • Application for Missouri Title and License (Form 108)
  • Certificate of ownership properly assigned by the administrator or executor (or an affidavit for a lost title and court order)
  • Original or certified copy of the Letters of Administration, Letters Testamentary, or Small Estate Certificate/Affidavit
  • Payment of the title fee and processing fee ($17.50)

Open probate in the probate division of the circuit court for the county where the decedent resided. Upon appointment, the personal representative assigns the title, completes Form 108, and submits the Letters (or small estate certificate) at a license office to retitle the vehicle to the distributee or the estate. No sales tax is due when the vehicle is titled to the personal representative or gifted with a gift affidavit.

Forms

  • Application for Missouri Title and License(Form 108)
  • Affidavit to Establish Title to Exempt Property(Form 2305)(Must be completed, signed, and notarized. Limited to one vehicle.)
  • Transfer-on-Death Beneficiary Designation (made on Form 108)(Form 108)(Changing or revoking the TOD beneficiary requires submitting a new title application (Form 108).)

Fees

Missouri certificate of title fee is $8.50. A $9.00 title processing fee is also charged, so titling a vehicle costs $17.50 total. Verified against the Missouri DOR titling/registration FAQ and fee page (dor.mo.gov) on 2026-07-17.$8.5
registration transferRegistration (license plate) fees vary by vehicle type and weight; a registration processing fee of $9.00 (one-year) or $18.00 (two-year) applies. See the Missouri DOR registration fee schedule.

Title fee $8.50 + $9.00 processing = $17.50 to title a motor vehicle or trailer. The lien/notice-of-lien recording fee was not confirmed from the official DOR fee schedule and is left null pending verification.

Small-estate vehicle transfer

Missouri allows a distributee to collect a decedent's personal property, including a motor vehicle, without full probate by filing a small estate affidavit with the probate division of the circuit court under RSMo 473.097. The Missouri DOR retitles the vehicle on the probate clerk's small estate certificate as provided in RSMo 301.682(2). This is the general court small estate affidavit, not a DMV-specific vehicle affidavit.

Threshold: $40,000

Eligibility: the value of the entire estate, less liens, debt, and encumbrances, does not exceed $40,000; at least 30 days have elapsed since death; no application for letters or refusal of letters is pending; and a bond in an amount not less than the value of the personal property plus a signed affidavit are filed with the probate division. Obtain the small estate affidavit from the circuit court probate division (courts.mo.gov). The clerk issues a small estate certificate that the DOR relies on to issue a new title.

Lost or duplicate title

If the original certificate of title has been lost, stolen, mutilated, or destroyed, obtain a duplicate before transferring a deceased owner's vehicle.

Submit a completed, notarized Form 108 with the DUPLICATE block marked, plus the $8.50 duplicate title fee and $9.00 processing fee ($17.50 total), at any Missouri license office or by mail to the Missouri Department of Revenue, Motor Vehicle Bureau, PO Box 100, Jefferson City, MO 65105-0100.

Form:Application for Missouri Title and License (mark the DUPLICATE block)(Form 108)

Fee: $8.5

If a lien is recorded against the vehicle, the outstanding security interest is carried on the duplicate title; a lienholder holding the title may need to apply. Resolve any recorded lien before or during the transfer.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (12)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Missouri

Frequently Asked Questions

How much does probate cost in Montgomery County?
Probate filing fees in Montgomery County, Missouri are graduated by the estate's value; the full schedule is shown on this page. Confirm current amounts with the Circuit Court probate division before filing.
How long does probate take in Montgomery County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Montgomery County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Missouri Resources

Explore the rest of the Missouri probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Montgomery County Circuit Court, Probate Division on July 17, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Missouri can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.