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Benton County, MO Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Probate Division of the Circuit Court of Benton County |
| Courthouse address | Benton County Courthouse, 316 Van Buren Street, Warsaw, MO 65355 |
| Mailing address | P.O. Box 37, Warsaw, MO 65355 |
| Phone | (660) 438-7712 |
| Fax | (660) 438-5755 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. Call before traveling because no separate probate counter hours or lunch closure is published. |
| Court cost | Benton County does not publish a local total. State components include $115 when original letters are applied for in a decedent estate, plus $50 for each additional $50,000 of final inventory value above $50,000 through $500,000, total capped at $565.00, with one certified copy of the letters included (Court Operating Rule 21.01, effective September 1, 2023). The same rule lists $35 for refusal of letters, $35 for collection of small estates, $35 for determination of heirship, $35 to admit a will to probate, $3 to receive and keep a will, $1 per copied page and $1.50 per seal, all under Court Operating Rule 21.01, effective September 1, 2023. Ask the Warsaw clerk for the Benton County total because statutory local surcharges are added. |
| Local forms | No Benton County probate packet, cover sheet or checklist is published. Use the Missouri Judiciary probate forms page and ask the Warsaw clerk which forms the court wants for your filing. |
| E-filing | Attorneys use the Missouri eFiling System. A self-represented filer is not required to e-file under Court Operating Rule 27.03(b)(4); ask the Warsaw clerk what the counter accepts. |
| Case search | Case.net, https://www.courts.mo.gov/casenet/ |
| Remote appearance | No Benton County remote probate rule is published. The notice of hearing and the court control whether a remote appearance is allowed. |
| Websites | Missouri Courts Benton County Local Rules and Filing Information page. Benton County Circuit Clerk page, https://www.bentoncomo.com/offices/circuitclerk.html. |
Before you begin — know the assets and liabilities
Before you choose a Benton County probate path, make a practical list of what the person owned, what they owed and what passed outside probate. A co-owned home, a beneficiary deed, a payable on death account or a small bank balance can change what needs to be filed in Warsaw.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts before they spend money at the courthouse. That early asset picture makes estate settlement easier because the Benton County clerk can quote the court cost and forms based on the actual path you are filing.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Benton County serves estates whose Missouri venue is Benton County. Warsaw is the county seat and courthouse town. Benton County is part of the 27th Judicial Circuit with Bates, Henry and St. Clair counties, but a shared circuit is not a shared courthouse.
Missouri venue for probating a will and granting letters is the county where the decedent was domiciled at death (RSMo 473.010). If Benton County is the correct venue, file at the Benton County Courthouse in Warsaw or use the circuit clerk's Benton County mailing address.
The jurisdiction process
- Decide which Missouri path fits the estate. A full administration seeks letters testamentary or letters of administration; a small estate affidavit, refusal of letters or determination of heirship may fit some facts under the statewide rules.
- Prepare the filing packet. Benton County does not publish local probate forms, so use the Missouri Judiciary probate forms page and ask the Warsaw clerk which forms, copies, signatures and original documents the court wants.
- File with the circuit clerk at the Benton County Courthouse, 316 Van Buren Street, Warsaw, MO 65355, or mail the packet to P.O. Box 37, Warsaw, MO 65355. The circuit clerk serves as the clerk of the probate division for Benton County filings (RSMo 472.010(4)).
- Pay the court cost quoted by the Warsaw clerk. Benton County does not publish a local total, and the statewide Court Operating Rule 21.01 components are layered with statutory local surcharges.
- Handle notice. In a full administration, the clerk causes notice of letters to be published once a week for four consecutive weeks, and creditor deadlines run under Missouri's claims rules (RSMo 473.033, RSMo 473.360, RSMo 473.444).
- Watch for a hearing notice. No Benton County hearing day or waiting period is published, so the court's notice tells you when to appear, whether the appearance is in person, and whether any remote appearance has been allowed.
- Receive authority if the court grants it. A testate estate uses letters testamentary, and an intestate estate uses letters of administration. A Missouri personal representative who is not a lawyer 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. Collect assets, file the inventory within thirty days after letters are granted unless the court gives more time (RSMo 473.233), pay allowed claims and expenses, distribute property, and complete the settlement or closing steps required for the type of administration.
Forms and documents
Probate forms in Benton County
Benton County does not publish its own probate forms, packet, cover sheet or checklist. Start with the Missouri Judiciary probate forms page, then call the Warsaw clerk at (660) 438-7712 before filing to ask which statewide forms and copies are needed for your situation.
| Form source | How to use it in Benton County |
|---|---|
| Benton County local forms | No local Benton County probate packet or checklist is published. |
| Missouri Judiciary probate forms | Use the statewide court approved probate forms page for PR forms and related probate forms. |
| Original will | Deliver the original will to the probate division on paper. Do not send a copy to the recorder of deeds as a substitute for probate filing. |
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | File with the circuit clerk at the Benton County Courthouse in Warsaw or mail to P.O. Box 37, Warsaw, MO 65355. A refusal of letters can fit some spouse or unmarried minor children situations and appoints no personal representative (RSMo 473.090). If Benton County real estate changes title through the order, a certified copy is filed with the Benton County Recorder of Deeds in the same courthouse. | Sunset identifies accounts and ownership details before filing, then helps assemble the packet for the Warsaw counter. |
| Out-of-state adult child w/ small estate | Call (660) 438-7712 before mailing anything to ask what the Warsaw counter wants and what the current court cost total will be. The small estate affidavit route produces a clerk's certificate, which is the document a bank or title company usually needs (RSMo 473.097). Mail can go to P.O. Box 37, Warsaw, MO 65355. | Sunset helps find accounts from wherever you live, checks whether the assets point toward a small estate path, and prepares the packet. |
| Parent settling predeceased child's estate, home must be sold | A sale often points toward full administration. A personal representative who is not a lawyer cannot appear in court except through an attorney, although the personal representative may prepare and file inventories and settlements (RSMo 473.153.7). Plan for the Warsaw filing counter and for the court cost total the clerk quotes. | Sunset assembles the asset picture and probate packet, then connects the parent with a local probate attorney for the appearance, sale and estate settlement steps that follow. |
Self-help resources
| Resource | What it gives |
|---|---|
| Missouri Courts Benton County Local Rules and Filing Information page | The Judiciary's page for Benton County filing information. |
| Benton County Circuit Clerk, https://www.bentoncomo.com/offices/circuitclerk.html | Local courthouse address, mailing address, phone and fax for the office that receives Benton County probate filings. |
| Case.net, https://www.courts.mo.gov/casenet/ | The statewide public case search for Missouri circuit court cases, including probate division cases. |
| Missouri Judiciary probate forms page | The statewide court approved probate forms page. |
| Missouri Revisor of Statutes, https://revisor.mo.gov/ | The official Revised Statutes of Missouri. |
| The Missouri Bar Probate Law Resource Guide, https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf | A consumer guide published by The Missouri Bar, not a court checklist. |
| Legal Aid of Western Missouri, https://www.lsmo.org/page/951/offices | Free civil legal aid for eligible low-income Missourians. Benton County applications go through the Warrensburg office at (660) 747-7101. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize what the decedent owned, owed and transferred outside probate. That asset picture helps families decide what to file in Benton County and what can stay outside the court process.
Generate the probate packet. Benton County does not publish a local probate packet, so Sunset helps assemble the Missouri forms and supporting information for the path that fits the estate. The goal is a cleaner first filing with the Warsaw clerk and fewer avoidable follow up requests.
Find a local probate attorney. When a Benton County estate needs a court appearance, a sale of real estate or full administration, Sunset can connect the family with a vetted Missouri probate attorney. That keeps legal representation separate from Sunset's free estate settlement tools.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, locate assets, prepare information and connect with help at no cost to them.
Frequently asked questions
Where do I file to probate a will in Benton County?
File with the circuit clerk at the Benton County Courthouse, 316 Van Buren Street, Warsaw, MO 65355, or mail the filing to P.O. Box 37, Warsaw, MO 65355. The probate venue is Benton County when the decedent was domiciled there (RSMo 473.010).
Benton County shares a judicial circuit with three other counties. Do I have to go to another county's courthouse?
No. Benton County is in the 27th Judicial Circuit with Bates, Henry and St. Clair counties, but Benton County probate filings stay at the Benton County Courthouse in Warsaw.
When is the courthouse in Warsaw open?
Benton County's general county office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Because no separate probate counter hours are published, call (660) 438-7712 before traveling.
Can I file a Benton County probate case myself, or do I have to e-file?
Attorneys use the Missouri eFiling System. Self-represented filers are not required to e-file under Court Operating Rule 27.03(b)(4). Ask the Warsaw clerk what the counter accepts for your filing type.
What does it cost to open an estate in Benton County?
Benton County does not publish a local total. Court Operating Rule 21.01, effective September 1, 2023, lists $115 when original letters are applied for in a decedent estate, plus $50 for each additional $50,000 of final inventory value above $50,000 through $500,000, with total fees under that section capped at $565.00 and one certified copy of the letters included. The Warsaw clerk quotes the Benton County total because statutory local surcharges are added.
Does Benton County have its own probate forms?
No Benton County probate packet, cover sheet or checklist is published. Use the Missouri Judiciary probate forms page and call the Warsaw clerk to ask which statewide forms apply.
Can I look up a Benton County estate case online?
Yes. Use Case.net, Missouri's statewide public case search. Case.net is a docket lookup, so do not assume every document in the case can be read online.
Will I have to appear in person in Warsaw?
No Benton County remote probate rule is published. If the court sets a hearing, the hearing notice controls the time, place and whether any remote appearance is allowed.
Do I need a lawyer for a Benton County estate?
It depends on the path. A small estate affidavit or refusal of letters appoints no personal representative, while a full administration does. A Missouri personal representative who is not a lawyer cannot appear in court except through an attorney, although the personal representative may prepare and file inventories and settlements (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.