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Callaway County, MO Probate Information
Quick facts
| Item | Callaway County information |
|---|---|
| Court | Probate Division of the Circuit Court of Callaway County, 13th Judicial Circuit |
| Courthouse | Callaway County Justice Center, 10 East 5th Street, Fulton, MO 65251. The county Circuit Clerk page also describes the Justice Center at 5 East 2nd Street, so use the building name when visiting. |
| Mailing | Mail probate papers to the Callaway County Circuit Clerk at the Callaway County Justice Center in Fulton. Call the clerk before mailing if the street address matters for delivery. |
| Phone | (573) 642-0780, the Circuit Clerk line used for probate and other divisions |
| Fax | (573) 642-0700 |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. |
| Opening court cost | Callaway County schedule reviewed August 21, 2026: $183.50 for a decedent estate with a will, or $148.50 without a will, plus publication. Inventory-based charges can also apply under Court Operating Rule 21.01, effective September 1, 2023. |
| Local probate forms | No Callaway-specific probate packet is posted by the 13th Judicial Circuit. Use the Missouri Judiciary statewide probate forms page unless the clerk gives a local instruction. |
| E-filing | 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 Callaway County Circuit Clerk whether a particular probate filing can be submitted electronically. |
| Case search | Case.net, the Missouri statewide public case search |
| Remote appearance | No Callaway County probate remote-appearance rule is posted. Ask the clerk when a hearing is scheduled. |
| Website | 13th Judicial Circuit website and the Callaway County Circuit Clerk page |
Before you begin — know the assets and liabilities
Before you file in Fulton, make a working list of the decedent's assets, debts, real estate, beneficiary designations, and any will. Missouri probate depends on what is actually in the estate, so the right path can change if a bank account, vehicle, beneficiary deed, or co-owned home passes outside the court case.
Sunset's estate settlement process includes asset discovery across more than 2,300 financial institutions, then helps organize the information into the probate path that fits Callaway County. That preparation matters because the clerk can accept a filing, but the court cannot fix an incomplete asset picture for you.
Which court handles jurisdiction
Callaway County is in Missouri's 13th Judicial Circuit with Boone County, but Callaway probate filings go to the Callaway County office in Fulton. A shared circuit is not a shared courthouse.
Missouri venue is tied first to the county where the decedent was domiciled. A will is probated and letters testamentary or letters of administration are granted in the county of the decedent's domicile, and later estate proceedings stay in the county where letters were granted (RSMo 473.010). If the decedent was domiciled in Callaway County, use the Probate Division of the Circuit Court of Callaway County.
The jurisdiction process
- Choose the Missouri path before you file. A full administration asks the court to appoint a personal representative. A small estate affidavit may be available only when the net entire estate is $40,000 or less, effective August 28, 2002 (RSMo 473.097). A refusal of letters or a determination of heirship may fit other statewide facts.
- For a full administration, prepare the application, the original will if there is one, death information, interested-party information, and an asset list. Deliver the original will on paper to the Callaway County probate division even if other papers are handled electronically.
- File with the Callaway County Circuit Clerk at the Callaway County Justice Center in Fulton, serving as the clerk of the probate division (RSMo 472.010). 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).
- Pay the Callaway County court cost for the filing type. The Callaway schedule reviewed August 21, 2026 lists $183.50 for a decedent estate with a will and $148.50 without a will, plus publication. Inventory-based charges can be added under Court Operating Rule 21.01, effective September 1, 2023.
- After letters are issued, the clerk causes notice of the personal representative's appointment to be published once a week for four consecutive weeks (RSMo 473.033). Creditors then have the Missouri claim periods measured from publication or mailed notice, with the one-year outside bar measured from death (RSMo 473.360; RSMo 473.444).
- Attend any required hearing. Callaway County does not post a probate hearing-day rule or a remote-appearance rule, so ask the clerk how the judge will set the matter and whether a remote appearance is allowed in that case.
- Once the court appoints the personal representative, obtain letters testamentary if there is a will or letters of administration if there is no will. Those letters are the authority document used with banks, title companies, and other institutions.
- Administer and close the estate. File the inventory within thirty days after letters are granted unless the court allows more time (RSMo 473.233), pay valid claims and expenses, distribute remaining property, and complete the settlement or closing required for the type of administration.
Forms and documents
Probate forms in Callaway County
The 13th Judicial Circuit posts a forms page, but the probate forms on that page are labeled for Boone County. The same page uses separate Callaway sections in other case types, so the Boone probate forms should not be treated as Callaway County probate forms.
For Callaway County probate, start with the Missouri Judiciary statewide probate forms page and any instruction the Callaway County Circuit Clerk gives for your filing. Do not use a Boone County probate packet for a Fulton filing unless the Callaway clerk specifically tells you to do so.
Fees
The 13th Judicial Circuit publishes a separate Callaway County column for probate court costs. The amounts below are from the Callaway column reviewed August 21, 2026. Publication is separate where listed, and the circuit directs filers to the probate office for the current publication rate.
| Probate item | Callaway County court cost |
|---|---|
| Decedent estate with a will | $183.50 plus publication, Callaway schedule reviewed August 21, 2026 |
| Decedent estate without a will | $148.50 plus publication, Callaway schedule reviewed August 21, 2026 |
| Annual decedent estate charge | $30.00, Callaway schedule reviewed August 21, 2026 |
| Small estate affidavit | $68.50 plus publication, Callaway schedule reviewed August 21, 2026. Add $35.00 if a will is admitted at the same time. Publication is added only if listed assets exceed $15,000 (RSMo 473.097, effective August 28, 2002). |
| Determination of heirship | $68.50 plus publication and $10.00 per person for certified mail, Callaway schedule reviewed August 21, 2026 |
| Refusal of letters | $68.50, Callaway schedule reviewed August 21, 2026 |
| Admit a will only | $68.50, Callaway schedule reviewed August 21, 2026 |
| Deposit of a will for safekeeping | $3.00, Callaway schedule reviewed August 21, 2026 |
| Deposit of a deceased person's will for safekeeping | No court cost listed, Callaway schedule reviewed August 21, 2026 |
| Discovery of assets | $40.00 per person, Callaway schedule reviewed August 21, 2026 |
| Certified or authenticated copies | $1.00 per page plus $1.50 per seal, Callaway schedule reviewed August 21, 2026 |
| Photocopies | $1.00 for the first page and $0.10 for each additional page, Callaway schedule reviewed August 21, 2026 |
When the final inventory is filed, an added inventory-value charge can apply under Court Operating Rule 21.01, effective September 1, 2023. That charge is separate from the amount paid when the estate is opened.
Local nuance
Callaway County-specific considerations
| Local point | What it means in Callaway County |
|---|---|
| Shared 13th Judicial Circuit | Callaway County shares the 13th Judicial Circuit with Boone County, but Callaway probate filings go to Fulton. Do not send a Callaway estate filing to Columbia because Boone and Callaway are in the same circuit. |
| Separate Callaway fee column | The 13th Judicial Circuit fee page lists Boone and Callaway amounts side by side, and the amounts differ. Use the Callaway column for a Fulton filing. |
| No Callaway probate packet posted | The circuit forms page labels its probate forms as Boone County forms. For Callaway County, use statewide probate forms and instructions from the Callaway County Circuit Clerk. |
| One clerk line for probate | The 13th Judicial Circuit contact page lists one Callaway County Circuit Clerk phone and fax across divisions, including probate. There is no separate probate-only phone number posted for Callaway County. |
Recent updates
Scenarios
| Situation | Likely Callaway County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed, account titles, beneficiary designations, exempt property, and allowances. If the home and accounts pass outside the estate, the spouse may need only a limited filing, a refusal of letters, or no full administration. If court authority is needed, file in Fulton. | Sunset helps identify which assets are part of the estate settlement and which may pass outside probate, then organizes the papers for the Callaway County path. |
| Out-of-state adult child with a small estate | If the Missouri small estate rules fit, the filing is made with the Callaway County probate division in Fulton after the statewide waiting period. If listed assets exceed $15,000 (RSMo 473.097, effective August 28, 2002), publication is added. | Sunset helps collect account information, prepare the small estate packet, and flag when an attorney should review the filing before it is submitted. |
| Parent settling a predeceased child's estate, home must be sold | If the child died domiciled in Callaway County and the home is in the estate, a full administration or another court order may be needed before a sale can close. The filing belongs in Fulton, and a non-lawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7). | Sunset helps assemble the asset list, organize sale-related documents, and connect the family with a Missouri probate attorney for the court process. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| 13th Judicial Circuit of Missouri | Circuit information for Boone and Callaway counties, including Callaway contacts, fees, and court links | https://www.courts.mo.gov/hosted/circuit13/ |
| Callaway County Circuit Clerk | Local clerk office information for Fulton filings | https://callawaycounty.org/circuit-clerk/ |
| Case.net | Missouri public case lookup for circuit court matters, including probate dockets | https://www.courts.mo.gov/casenet/ |
| Missouri Judiciary probate forms | Statewide probate forms page for Missouri probate filings | https://www.courts.mo.gov/ |
| Missouri Revisor of Statutes | Official text of Missouri probate statutes | https://revisor.mo.gov/ |
| The Missouri Bar Probate Law Resource Guide | Consumer guide from The Missouri Bar | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
| Mid-Missouri Legal Services, Columbia office | Free civil legal aid for eligible low-income Missourians in Callaway County | https://www.mmls.org/ |
When to hire an attorney
Attorney help makes sense in Callaway County when a full administration is needed, real estate must be sold, heirs disagree, creditor claims are unclear, or the person seeking appointment will need to appear in court. Missouri allows a personal representative to prepare and file inventories and settlements, but a non-lawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7). Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families find accounts, insurance, investments, and other assets that can change the Callaway County probate path.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, including the asset list, interested-party details, and documents a Missouri probate attorney or clerk will expect to see.
Find a local probate attorney. Because Missouri limits court appearances by non-lawyer personal representatives, many full administrations need attorney support. Sunset connects families with a vetted Missouri probate attorney when the estate needs counsel.
Sunset is free for families. Families can use Sunset to organize the estate settlement, find assets, and connect with probate support without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a Callaway County resident?
File with the Probate Division of the Circuit Court of Callaway County through the Callaway County Circuit Clerk in Fulton. Callaway County shares the 13th Judicial Circuit with Boone County, but Callaway estates are filed in Fulton, not Columbia.
Does Callaway County have its own probate forms?
No Callaway-specific probate packet is posted by the 13th Judicial Circuit. The probate forms on the circuit forms page are labeled for Boone County, so Callaway filers should start with the Missouri statewide probate forms page and any instruction from the Callaway County Circuit Clerk.
Can I e-file a Callaway County probate case if I am not a lawyer?
Self-represented filers are not required to e-file under Court Operating Rule 27.03(b)(4). Attorneys use the Missouri eFiling System. If you are filing without a lawyer, ask the Callaway County Circuit Clerk whether your particular probate filing can be submitted electronically or should be delivered to the Fulton office.
What does it cost to start a Callaway County decedent estate?
The Callaway County fee schedule reviewed August 21, 2026 lists $183.50 for a decedent estate with a will and $148.50 for a decedent estate without a will, plus publication. Added inventory-value charges can apply later under Court Operating Rule 21.01, effective September 1, 2023.
How do I look up a Callaway County probate case?
Use Case.net, Missouri's statewide public case search. It can show public docket information for Callaway County probate matters, but it should not be treated as a complete online document file.
Are Callaway County probate hearings remote?
No Callaway County probate remote-appearance rule is posted. If the court sets a hearing, ask the clerk whether the judge allows a remote appearance for that specific setting.
Do I have to travel to Fulton to handle a Callaway County estate?
You may not need to travel for every task, especially if an attorney appears for the estate or a filing can be mailed or submitted in another accepted way. The original will must still be delivered on paper to the probate division, and any required hearing should be handled according to the court's instruction.
Who records real estate paperwork after a small estate certificate or refusal order?
The probate filing is handled by the Callaway County probate division. If the order or clerk's certificate must affect Callaway County real estate, the recording step is with the Callaway County Recorder of Deeds after the probate document is issued.
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.