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Bates County, MO Probate Information
Quick facts
| Item | Bates County information |
|---|---|
| Court | Probate Division of the Circuit Court of Bates County |
| Courthouse address | Bates County Courthouse, 1 North Delaware Street, 2nd Floor, Butler, MO 64730 |
| Mailing | Use the courthouse street address. Bates County does not publish a separate probate mailing address. |
| Phone | (660) 386-7776, option 2, for the Circuit Court and probate counter |
| Fax | No Bates County probate fax number is published. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., closed 12:00 p.m. to 1:00 p.m. for lunch |
| Court costs | Bates County probate schedule effective July 1, 2021: Letters Testamentary or Administration, $133.50, service fees may apply; Admit Will Only, $53.50; Refusal of Letters, spouse or creditor, $53.50; Determination of Heirship, $53.50; Small Estate Affidavit, $53.50. |
| Local forms | Bates County does not publish a local probate forms packet, cover sheet or checklist. Use the Missouri Judiciary statewide probate forms page and any instructions from the clerk. |
| E-filing | Attorneys file through the Missouri eFiling System. Self-represented filers are never required to e-file under Court Operating Rule 27.03(b)(4); ask the Bates County circuit clerk whether the 27th Circuit accepts electronic or emailed probate filings from self-represented filers. |
| Case search | Case.net covers Bates County probate cases filed on or after August 18, 2003. Earlier cases require review through the clerk's office. |
| Remote appearance | Bates County does not publish a current probate remote-appearance rule. Ask the clerk when a hearing is set. |
| Website | https://batescounty.net/bates-county-circuit-court/ |
Before you begin — know the assets and liabilities
Before you choose a Bates County probate path, make a working list of the decedent's assets, debts, real estate and beneficiary designations. A bank account with a beneficiary, a jointly owned account or a recorded beneficiary deed may change what has to pass through the probate division.
Sunset's estate settlement process includes asset discovery across more than 2,300 institutions, which helps families identify accounts before they prepare a small estate affidavit, a refusal of letters request or a full administration filing in Butler.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Bates County serves Bates County communities including Butler, Adrian, Amsterdam, Rich Hill, Hume and Amoret. Bates County is part of the 27th Judicial Circuit with Benton, Henry and St. Clair counties, but each county keeps its own courthouse and probate counter.
Missouri venue starts in the county where the decedent was domiciled. A Bates County resident's will is probated and letters are granted in Bates County; if the decedent was not domiciled in Missouri, venue can depend on where Missouri property is located (RSMo 473.010).
The jurisdiction process
- Identify the right Missouri path before filing. Full administration asks the court to appoint a personal representative. A small estate affidavit (RSMo 473.097) or refusal of letters (RSMo 473.090) may fit some estates and does not appoint a personal representative.
- Prepare the forms and gather the original will, death certificate, asset list, creditor list and heir or devisee information. Deliver any original will to the probate division on paper even if other filings are handled electronically.
- File at the circuit clerk's office on the 2nd floor of the Bates County Courthouse, 1 North Delaware Street, Butler, MO 64730. Pay the Bates County court cost shown on its probate schedule effective July 1, 2021, and remember that an estate opened with letters can also have an inventory-value charge under Court Operating Rule 21.01, effective September 1, 2023.
- Complete the required notice steps. In a full administration, the clerk causes notice of appointment to be published once a week for four consecutive weeks (RSMo 473.033). Missouri then uses both the creditor claim period tied to notice and the one-year claim bar from death (RSMo 473.360; RSMo 473.444).
- Follow the court's hearing instructions. Bates County does not publish a standing probate hearing day or current probate remote-appearance rule, so ask the clerk how the date will be set and whether any appearance option is available for that hearing.
- After the court appoints a personal representative, the authority document is letters testamentary when there is a will or letters of administration when there is no will. A non-attorney personal representative cannot appear in court except through an attorney, although the personal representative may prepare and file inventories and settlements (RSMo 473.153.7).
- Administer and close the estate. The personal representative gathers assets, gives required notices, files the inventory within 30 days after letters are granted unless the court gives more time, pays allowed claims and expenses, distributes property and completes the required settlement or closing steps (RSMo 473.233).
Forms and documents
Probate forms in Bates County
Bates County does not publish a local probate forms packet, cover sheet or filing checklist for decedent estates. Start with the Missouri Judiciary statewide probate forms page, then ask the Bates County circuit clerk's office if the judge wants any local attachment or additional copies.
For a full administration, Missouri practice often involves an attorney because a non-attorney personal representative cannot appear in court except through an attorney (RSMo 473.153.7). For a small estate affidavit (RSMo 473.097) or refusal of letters (RSMo 473.090), the filing does not appoint a personal representative, so the attorney-appearance rule does not apply in the same way.
Fees
Bates County publishes its own probate court-cost schedule, effective July 1, 2021. These are the Bates County totals listed for common probate filings, separate from any service charge and from later inventory-value charges under Court Operating Rule 21.01, effective September 1, 2023.
| Probate item | Bates County amount | Effective date |
|---|---|---|
| Letters Testamentary or Administration | $133.50, service fees may apply | July 1, 2021 |
| Admit Will Only | $53.50 | July 1, 2021 |
| Refusal of Letters, spouse or creditor | $53.50 | July 1, 2021 |
| Determination of Heirship | $53.50 | July 1, 2021 |
| Small Estate Affidavit | $53.50 | July 1, 2021 |
When original letters are applied for in a decedent estate, Court Operating Rule 21.01, effective September 1, 2023, includes a $115 state component and one certified copy of the letters. If the final inventory value exceeds $50,000, Court Operating Rule 21.01, effective September 1, 2023, adds $50 for each additional $50,000 of inventory value up to $500,000, with total fees under that section capped at $565. Bates County does not publish a local per-page copy charge or certification charge on its probate schedule.
Recent updates
| Local item | Current information |
|---|---|
| Probate counter | Bates County probate filings go to the circuit clerk's office on the 2nd floor of the Bates County Courthouse in Butler. |
| Phone | The Circuit Court and probate counter number is (660) 386-7776, option 2. |
| Hours | The courthouse is open Monday through Friday, 8:30 a.m. to 4:30 p.m., closed 12:00 p.m. to 1:00 p.m. for lunch. |
| Fees | Bates County's probate schedule is effective July 1, 2021. |
Scenarios
| Scenario | Likely Bates County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Check how the Bates County home is titled before filing. If the home passed by survivorship or a recorded beneficiary deed, the probate filing may focus on assets still in the decedent's name. If probate is needed, file in Butler because venue follows the Bates County domicile rule (RSMo 473.010). | Sunset helps identify accounts, title issues and beneficiary designations so the spouse does not file for more court authority than the estate settlement requires. |
| Out-of-state adult child with a small estate | If the estate fits Missouri's no-letters path, the child may be able to use a small estate affidavit in the Bates County probate division rather than a full administration (RSMo 473.097). The child should ask the clerk whether any part of the filing can be handled without travel. | Sunset organizes asset information, helps prepare the probate packet and can connect the family with a Missouri attorney if the matter becomes a full administration. |
| Parent settling predeceased child's estate, home must be sold | If the Bates County home remains in the child's name and must be sold, a full administration or another court order may be needed before closing. A non-attorney personal representative cannot appear in court except through an attorney (RSMo 473.153.7). | Sunset helps gather institution information, create an estate settlement checklist and connect the parent to a vetted probate attorney for the sale and court steps. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Bates County Circuit Court | Local courthouse address, circuit clerk contact information, hours and Bates County probate fees. | https://batescounty.net/bates-county-circuit-court/ |
| Missouri Judiciary probate forms | Statewide probate forms for Missouri probate divisions. Bates County does not publish a separate local probate packet. | Missouri Judiciary website, Probate Court Forms page |
| Case.net | Public browser lookup for Bates County probate dockets filed on or after August 18, 2003. | https://www.courts.mo.gov/casenet/ |
| Legal Aid of Western Missouri | Free civil legal aid intake for eligible low-income Missourians. The Joplin office serves Bates County. | 1027 South Main, Suite LL7, Joplin, MO. (417) 782-1650 or 1-800-492-7095. |
| The Missouri Bar Probate Law Resource Guide | General consumer information from The Missouri Bar about Missouri probate concepts. | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
| Missouri Revisor of Statutes | Official text of Missouri probate statutes, including RSMo chapter 473. | https://revisor.mo.gov/ |
When to hire an attorney
Counsel makes sense in Bates County when the estate needs full administration, real estate must be sold, heirs disagree, creditors are active or a hearing is expected. Missouri allows a personal representative to prepare and file inventories and settlements, but a non-attorney personal representative cannot appear in court except through an attorney (RSMo 473.153.7). Small estate affidavits and refusals of letters do not appoint a personal representative, so they are different paths. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, real estate clues and debts before choosing a Bates County probate path.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for estate settlement, including asset summaries, contact lists and documents to review before filing at the Bates County courthouse.
Find a local probate attorney. When a full administration or court appearance is likely, Sunset connects the family with a vetted Missouri probate attorney who can handle the Bates County court steps.
Sunset is free for families. Families can use Sunset's estate settlement tools and attorney connection at no cost.
Frequently asked questions
Where do I file probate in Bates County?
File with the circuit clerk's office on the 2nd floor of the Bates County Courthouse, 1 North Delaware Street, Butler, MO 64730. That office serves as the clerk of the probate division for Bates County (RSMo 472.010(4)).
What phone number should I call for Bates County probate?
Call (660) 386-7776, option 2, for the Circuit Court and probate counter.
Can I e-file a Bates County probate case?
Attorneys file through the Missouri eFiling System. Self-represented filers are never required to e-file under Court Operating Rule 27.03(b)(4). Bates County does not publish a 27th Circuit probate rule for self-represented electronic or emailed filings, so ask the clerk before sending anything electronically.
Does Bates County have its own probate forms?
Bates County does not publish a local probate forms packet, cover sheet or checklist. Use the Missouri Judiciary statewide probate forms page and ask the Bates County clerk whether the court wants any local attachment or additional copies.
How much does it cost to start probate in Bates County?
Bates County's probate schedule, effective July 1, 2021, lists Letters Testamentary or Administration at $133.50, Admit Will Only at $53.50, Refusal of Letters at $53.50, Determination of Heirship at $53.50 and Small Estate Affidavit at $53.50. Service fees may apply. Court Operating Rule 21.01, effective September 1, 2023, can also add inventory-value charges in an estate opened with letters.
Can I look up a Bates County probate case online?
Use Case.net for Bates County probate cases filed on or after August 18, 2003. For older matters, contact the Bates County clerk's office about the paper judgment and case indexes.
When are Bates County probate hearings held?
Bates County does not publish a standing probate hearing day or filing-to-hearing window. After filing, follow the clerk's scheduling instructions and any notice from the court.
Can I appear remotely for a Bates County probate hearing?
Bates County does not publish a current probate remote-appearance rule. Ask the clerk about appearance options when the hearing is scheduled.
Do I have to travel to Butler for estate settlement?
Many tasks can be prepared before travel, and some documents may be sent by mail if the clerk accepts them in that form. If a hearing is required, ask the clerk what appearance options are available. A full administration may require a Missouri attorney because a non-attorney personal representative cannot appear in court except through an attorney (RSMo 473.153.7).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.