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Daviess County, MO Probate Information
Quick facts
| Item | Local information |
|---|---|
| Court | Probate Division of the Circuit Court of Daviess County, 43rd Judicial Circuit |
| Courthouse address | Daviess County Courthouse, 102 N. Main St., Gallatin, MO 64640 |
| Mailing address | P.O. Box 337, Gallatin, MO 64640-0337 |
| Phone | (660) 663-3300, extension 2 |
| Fax | (660) 663-2646 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday, closed all legal holidays. Call before traveling to ask about same-day filing cutoffs. |
| Court cost | Daviess County does not post a local probate cost schedule. Court Operating Rule 21.01, effective September 1, 2023, sets a $115 state component when original letters are applied for, a $50 state component for each additional $50,000 of final inventory value above $50,000 up to $500,000, and a $565 cap under that section. Ask the Gallatin clerk for the full amount due with your papers. |
| Local forms | No Daviess County probate packet, cover sheet, or checklist is posted. Use statewide Missouri Judiciary probate forms and any instruction from the Gallatin clerk. |
| E-filing | Attorneys file through the Missouri eFiling System. A self-represented filer is never required to e-file under Court Operating Rule 27.03(b)(4); ask the clerk whether a specific Daviess County probate filing can be submitted electronically or should be delivered in paper form. |
| Case search | Case.net covers Daviess County public probate cases pending as of, or filed after, January 23, 2006. Older probate judgments are checked in the courthouse judgment index. |
| Remote appearance | No current Daviess County probate remote-appearance procedure is posted. Ask the clerk before a hearing if travel to Gallatin is difficult. |
| Website | Missouri Judiciary Daviess County Local Rules and Filing Information page on courts.mo.gov |
Before you begin — know the assets and liabilities
Before you choose a Missouri probate path in Daviess County, make a first inventory of what the person owned, what passed outside probate, and what debts or final expenses remain. Joint accounts, beneficiary designations, and recorded beneficiary deeds can change whether the Gallatin filing needs full administration, a small estate affidavit, a refusal of letters, or no court filing for a particular asset.
Sunset's estate settlement process helps families search for accounts and assets across more than 2,300 institutions, then organize what is found before papers are prepared for the Probate Division of the Circuit Court of Daviess County.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Daviess County serves Daviess County from the courthouse in Gallatin. Daviess County shares the 43rd Judicial Circuit with Caldwell, Clinton, DeKalb and Livingston counties, but a shared circuit is not a shared courthouse.
Missouri venue for probate is generally the county where the deceased person was domiciled when they died. If the person had no Missouri domicile, venue can be based on where Missouri property is located, with special treatment when the major part of the Missouri estate is real estate (RSMo 473.010). For a Daviess County domicile, file with the Gallatin clerk who serves as clerk of the probate division (RSMo 472.010(4)).
The jurisdiction process
- Identify the probate path before you file. Full administration asks the court to appoint a personal representative, meaning an executor or administrator. A small estate affidavit (RSMo 473.097) or refusal of letters (RSMo 473.090) does not appoint a personal representative and may fit some estates without full administration.
- Prepare the statewide Missouri probate forms and any supporting documents the Gallatin clerk requests. If there is a will, deliver the original will to the probate division in paper form even if other documents are submitted electronically by an attorney.
- File with the Circuit Clerk's office at the Daviess County Courthouse, 102 N. Main St., Gallatin, or use the mailing address if the clerk tells you the filing can be mailed. Use the Daviess County courthouse even though the county is part of the multi-county 43rd Judicial Circuit.
- Pay the court costs due with the filing. Daviess County does not post its own probate cost schedule, so ask the Gallatin clerk for the total amount due for the specific filing, including any local surcharge or copy charge.
- Handle notice. In a full administration, the clerk causes notice of appointment and notice to creditors to be published once a week for four consecutive weeks (RSMo 473.033). Missouri creditors then face the later of six months from first publication or two months from mailed or served notice, with a separate one-year bar from death (RSMo 473.360, RSMo 473.444).
- Watch for a hearing notice or clerk instruction. No Daviess County hearing day or remote-appearance rule is posted, so call the clerk before traveling if you need to know whether appearance by phone or video is possible.
- After the court grants the application, the personal representative receives letters testamentary or letters of administration. In Missouri, a personal representative who is not a lawyer cannot appear in court except through an attorney, although the personal representative may prepare and file their own inventories and settlements (RSMo 473.153.7).
- Administer and close the estate. The personal representative files an inventory within thirty days after letters are granted unless the court gives more time (RSMo 473.233), pays valid claims, distributes property, and completes the estate settlement through the closing procedure that applies to supervised or independent administration.
Forms and documents
Probate forms in Daviess County
Daviess County does not post a separate local probate packet, cover sheet, or checklist. Start with the Missouri Judiciary probate forms page and ask the Gallatin clerk whether any local formatting, copies, proposed orders, or mailing envelopes are expected.
Use Daviess County's courthouse and mailing address for Daviess County filings. Do not send Daviess County estate papers to another 43rd Judicial Circuit courthouse unless the Gallatin clerk specifically directs you to do so.
Local nuance
Daviess County-specific considerations
| Local point | What it means |
|---|---|
| Shared circuit, local courthouse | Daviess County is in the 43rd Judicial Circuit with Caldwell, Clinton, DeKalb and Livingston counties. File a Daviess County estate at the Gallatin courthouse when Daviess County is the proper venue. |
| Circuit Clerk, not the separate county office | The Circuit Clerk's office at 102 N. Main St. serves as the clerk of the probate division for Daviess County. Use (660) 663-3300, extension 2, for probate questions. |
| Older case information | Case.net covers public Daviess County probate cases pending as of, or filed after, January 23, 2006. For older probate judgments, the courthouse judgment index is the local check point. |
Recent updates
Scenarios
| Scenario | Likely Daviess County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First check how the home was titled and whether a beneficiary deed or survivorship ownership keeps it outside probate. If a refusal of letters or small estate certificate is used for real estate, the title step is recording in the recorder of deeds office for the county where the real property is located after the probate division issues the necessary order or certificate. | Sunset helps identify co-owned assets, beneficiary designations, debts, and paperwork before the spouse contacts the Gallatin clerk or an attorney. |
| Out-of-state adult child with a small estate | Call the Daviess County Circuit Clerk at (660) 663-3300, extension 2, before mailing anything. Ask whether the small estate or refusal paperwork can be mailed to P.O. Box 337 and what total court cost and copies are required. | Sunset helps gather account information remotely, organize estate settlement tasks, and prepare a packet for attorney review or clerk filing instructions. |
| Parent settling a predeceased child's estate when a home must be sold | A sale of a home often points toward full administration, especially if letters testamentary or letters of administration are needed to sign sale documents. Because a nonlawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7), counsel is usually important in this scenario. | Sunset helps locate assets and connect the family with a vetted probate attorney who can advise on authority to sell the home. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Daviess County Circuit Clerk | Local filing counter for Daviess County probate filings, court costs, copies, and questions about mailing or appearing. | Daviess County Courthouse, 102 N. Main St., Gallatin, MO 64640. Phone: (660) 663-3300, extension 2. |
| Case.net | Statewide public case search for Missouri circuit court cases, including Daviess County public probate cases. | https://www.courts.mo.gov/casenet/ |
| Missouri Judiciary probate forms | Statewide probate form page. Daviess County does not post a separate local packet. | Missouri Judiciary probate forms page on courts.mo.gov |
| Legal Aid of Western Missouri, St. Joseph office | Free civil legal aid for eligible low-income Missourians in Daviess County. Intake determines whether a matter is within the program's services. | 3110 Karnes Rd, Suite 100, St. Joseph, MO 64506. Phone: (816) 364-2325. Phone intake hours: 8:30 to 11:30 a.m. and 1:00 to 5:00 p.m. |
| The Missouri Bar Probate Law Resource Guide | General consumer guide from The Missouri Bar, separate from court forms or local Daviess County instructions. | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
When to hire an attorney
In Missouri, a personal representative who is not a lawyer cannot appear in court except through an attorney, although the personal representative may prepare and file their own inventories and settlements (RSMo 473.153.7). Counsel is especially useful in Daviess County when a home must be sold, heirs disagree, a creditor claim is disputed, or full administration is needed rather than a small estate affidavit or refusal of letters. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, real estate clues, debts, and other information needed to choose the right Daviess County probate path.
Generate the probate packet. Sunset organizes the information a family needs for Missouri probate forms, attorney review, and clerk questions, while keeping Daviess County filing details tied to the Gallatin courthouse.
Find a local probate attorney. When full administration or a court appearance is likely, Sunset connects the family with a vetted Missouri probate attorney who can advise on letters, notice, creditor issues, and sale authority.
Sunset is free for families. Sunset's estate settlement support is free for families, including asset discovery, document organization, and attorney matching.
Frequently asked questions
Where do I file probate in Daviess County?
File with the Circuit Clerk's office at the Daviess County Courthouse, 102 N. Main St., Gallatin, MO 64640. The mailing address is P.O. Box 337, Gallatin, MO 64640-0337. Daviess County shares the 43rd Judicial Circuit with other counties, but a Daviess County estate belongs at the Gallatin courthouse when Daviess County is the proper venue (RSMo 473.010).
What phone number should I use for Daviess County probate questions?
Call the Circuit Clerk's office at (660) 663-3300, extension 2. That is the local court contact for probate filings at the Daviess County courthouse.
Does Daviess County have local probate forms?
No Daviess County probate packet, cover sheet, or checklist is posted. Use the statewide Missouri Judiciary probate forms page and ask the Gallatin clerk whether local copies, proposed orders, envelopes, or other items are expected.
Can I e-file a probate matter in Daviess County?
Attorneys file through the Missouri eFiling System. A self-represented filer is never required to e-file under Court Operating Rule 27.03(b)(4). If you are not represented by a lawyer, ask the Daviess County clerk whether the specific probate paper you are filing can be submitted electronically or should be delivered in paper form.
What court cost is due when original letters are requested in Daviess County?
Daviess County does not post its own probate cost schedule. Court Operating Rule 21.01, effective September 1, 2023, sets the state component and inventory-value structure for original letters, and local amounts can affect the total collected at the counter. Ask the Gallatin clerk for the exact total due for your filing type.
Can I look up a Daviess County probate case online?
Yes. Use Case.net for public Daviess County probate cases pending as of, or filed after, January 23, 2006. For older probate judgments, check the courthouse judgment index in Gallatin.
Do I have to travel to Gallatin for a Daviess County probate hearing?
No current Daviess County remote-appearance procedure is posted. Call the clerk before the hearing date to ask whether the judge will allow a phone or video appearance in your specific matter.
Do I need an attorney for Daviess County probate?
If a full estate administration appoints you as personal representative and a court appearance is required, Missouri law says a nonlawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7). A small estate affidavit or refusal of letters does not appoint a personal representative, so the attorney rule applies differently to those paths.
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.