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Gasconade County, MO Probate Information
Quick facts
| Item | Gasconade County information |
|---|---|
| Court | Probate Division of the Circuit Court of Gasconade County |
| Courthouse address | Gasconade County Courthouse, 119 E. 1st Street, Room 6, Hermann, MO 65041 |
| Mailing address | 119 E. 1st Street, Room 6, Hermann, MO 65041 |
| Phone | (573) 486-2632 |
| Fax | (573) 486-5812, listed for the office. Call before using fax for a probate filing. |
| Hours | Call (573) 486-2632 to confirm current counter hours before traveling to the courthouse. |
| Court costs | Gasconade County does not publish 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 and a $565 cap on fees under that section, with additional inventory value charges. Ask the Circuit Clerk-Recorder for the current local total before you file. |
| Local forms | No local Gasconade County probate packet or checklist is posted. Use the Missouri Judiciary probate forms page and any instructions from the Circuit Clerk-Recorder. |
| E-filing status | Attorneys file through the Missouri eFiling System. Self-represented filers are not required to e-file under Court Operating Rule 27.03(b)(4). Ask the Circuit Clerk-Recorder whether your filing type can be submitted electronically. Original wills must be delivered to the probate division on paper. |
| Case search | Case.net is the Missouri Judiciary statewide public case search and includes Gasconade County probate cases. |
| Remote appearance | No Gasconade County probate remote appearance instruction is posted. Ask the clerk when a hearing is scheduled. |
| Website | Missouri Judiciary Gasconade County Local Rules and Filing Information page |
Before you begin — know the assets and liabilities
Before you file anything in Gasconade County, list the assets, debts, titled property, beneficiary designations and whether an original will exists. That first inventory tells you whether the family is looking at a full administration, a small estate affidavit, a refusal of letters or another Missouri procedure.
Sunset's 2,300-institution asset discovery helps families find accounts and property before choosing an estate settlement path. In Gasconade County, the combined Circuit Clerk-Recorder office can also matter if the probate filing leads to a recorder of deeds step for local real estate.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Gasconade County serves estates venued in Gasconade County. Missouri venue for probate and letters is generally the county where the decedent was domiciled at death (RSMo 473.010). Gasconade County is part of the 20th Judicial Circuit with Franklin and Osage counties, but each county keeps its own courthouse and probate filing counter.
File a Gasconade County estate at the Circuit Clerk-Recorder's office in Hermann, 119 E. 1st Street, Room 6. Depending on the county, the judge who signs letters is a circuit judge assigned to the probate division or an associate circuit judge exercising probate jurisdiction (Mo. Const. art. V, § 27). Gasconade County does not publish a separate probate officer listing.
The jurisdiction process
- Identify the probate path before filing. A full administration asks the court to issue letters testamentary or letters of administration, while a small estate affidavit or refusal of letters may fit a narrower estate and does not appoint a personal representative.
- Gather the original will, death certificate, asset list, debt list, names and addresses of interested persons, and any documents needed to show title to real estate or accounts.
- Choose the correct Missouri Judiciary forms. Gasconade County posts no local probate packet, so use the statewide probate forms page, including the confidential case filing information sheet when a new case is opened.
- File with the Circuit Clerk-Recorder at 119 E. 1st Street, Room 6, Hermann. If there is an original will, deliver the original to the probate division even if other papers are prepared electronically.
- Pay the court costs the clerk calculates for the filing. Gasconade County does not publish a local cost schedule, so ask the Circuit Clerk-Recorder for the current total before submitting the packet.
- If the court issues letters, the clerk causes the notice of appointment and notice to creditors to be published once a week for four consecutive weeks (RSMo 473.033). Missouri creditor deadlines include the six-month and mailed-notice rules in RSMo 473.360 and the one-year bar in RSMo 473.444.
- If a hearing is set, ask the Circuit Clerk-Recorder how the Gasconade County probate docket handles attendance. No Gasconade County probate remote appearance instruction is posted.
- After letters are issued, use the letters testamentary or letters of administration to collect estate property, administer claims, file required inventories and settlements, and complete the estate settlement.
- If a small estate certificate or refusal of letters order affects Gasconade County real estate, record the required probate document with the recorder of deeds function of the same Circuit Clerk-Recorder office.
Forms and documents
Probate forms in Gasconade County
Gasconade County does not post a local probate packet, local probate checklist or local probate forms page. The Missouri Judiciary statewide probate forms page supplies probate forms used in Missouri courts.
| Form or packet | How it applies in Gasconade County |
|---|---|
| FI-50 Confidential Case Filing Information Sheet | Required for each probate and non-domestic relations case filed, according to the Missouri Judiciary probate forms page. |
| PR 16 Affidavit to Establish Title of Distributee, Small Estate, Intestate | Statewide small estate affidavit form for the intestate small estate path. |
| PR 23 Application of Creditor for Refusal of Letters | Statewide refusal of letters form for a creditor applicant. |
| PR 25 Application of Unmarried Minor Children for Refusal of Letters | Statewide refusal of letters form for unmarried minor children. |
| PR 33 Application of Surviving Spouse for Refusal of Letters | Statewide refusal of letters form for a surviving spouse. |
| PR 28 Petition for Determination of Heirship | Statewide form for a determination of heirship filing. |
Local nuance
Gasconade County-specific considerations
| Local point | What it means |
|---|---|
| Combined Circuit Clerk-Recorder | Gasconade County combines the circuit clerk and recorder of deeds functions in one office at 119 E. 1st Street, Room 6, Hermann. |
| Probate filing counter | Probate filings go to the Circuit Clerk-Recorder, who serves as the clerk of the probate division for Gasconade County. |
| Real estate recording step | If a small estate certificate or refusal of letters order affects Gasconade County real estate, the recording step is handled through the same combined office. |
| Shared circuit | Gasconade County is in the 20th Judicial Circuit with Franklin and Osage counties, but a Gasconade County estate is filed in Hermann. |
| No local probate packet posted | Use the Missouri Judiciary statewide probate forms and the instructions given by the Gasconade County Circuit Clerk-Recorder. |
| No local cost schedule posted | The clerk must calculate the current court cost total for a Gasconade County filing. Do not rely on another Missouri county's schedule. |
Recent updates
Scenarios
| Scenario | Likely Gasconade County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Check whether the home passes outside probate because of title. If a refusal of letters order or small estate certificate is needed for Gasconade County real estate, the recording step goes through the same Circuit Clerk-Recorder office in Hermann. | Sunset helps identify accounts, title issues and beneficiary designations before the spouse chooses a court path. |
| Out-of-state adult child w/ small estate | Use Missouri's small estate affidavit path if the estate qualifies under RSMo 473.097. File with the Gasconade County Circuit Clerk-Recorder and ask how to handle any required in-person or mailed submission. | Sunset helps assemble the asset list, generate the probate packet and connect the family with local counsel if a hearing or full administration is needed. |
| Parent settling predeceased child's estate, home must be sold | If the home remains in the child's name, the family may need letters or another court order before sale. File the estate in Hermann if venue belongs in Gasconade County. | Sunset helps organize the estate settlement, locate financial accounts and coordinate with a vetted Missouri probate attorney for the sale and court filings. |
Self-help resources
| Resource | How to use it |
|---|---|
| Gasconade County Local Rules and Filing Information | Start here for the Missouri Judiciary page tied to Gasconade County. |
| Case.net | Look up public docket information for Missouri circuit court cases, including probate cases. |
| Missouri Judiciary probate forms | Find statewide probate forms used when Gasconade County has not posted a local packet. |
| Missouri Revisor of Statutes | Read the official Missouri probate statutes. |
| Legal Services of Southern Missouri, Rolla office | Free civil legal aid for eligible low-income Missourians in Gasconade County. The Rolla office lists Gasconade County in its service area. |
When to hire an attorney
In Missouri, a personal representative who is not a lawyer cannot appear in court except through an attorney (RSMo 473.153.7), although the personal representative may prepare and file their own inventories and settlements. That rule is why many full administrations in Gasconade County involve counsel, while a small estate affidavit or refusal of letters may be handled without appointing a personal representative. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify accounts, insurance, retirement assets and other property before choosing an estate settlement path in Gasconade County.
Generate the probate packet. Sunset turns the asset and family information into an organized probate packet, using Missouri terminology like personal representative, letters testamentary, letters of administration, small estate affidavit and refusal of letters.
Find a local probate attorney. When a full administration, court appearance, real estate sale or contested issue requires legal help, Sunset connects the family with a vetted Missouri probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and get connected to help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Gasconade County?
File with the Probate Division of the Circuit Court of Gasconade County through the Circuit Clerk-Recorder at 119 E. 1st Street, Room 6, Hermann, MO 65041. Gasconade County is in the 20th Judicial Circuit with Franklin and Osage counties, but a Gasconade County estate is filed in Hermann.
Does Gasconade County have local probate forms?
No local Gasconade County probate packet or checklist is posted. Use the Missouri Judiciary probate forms page and follow any instructions from the Circuit Clerk-Recorder.
What is the court cost to open a Gasconade County estate?
Gasconade County does not publish 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 and a $565 cap on fees under that section, with additional inventory value charges. Ask the Circuit Clerk-Recorder for the current local total before filing.
Can I e-file a probate case in Gasconade County?
Attorneys file through the Missouri eFiling System. Self-represented filers are not required to e-file under Court Operating Rule 27.03(b)(4), and no Gasconade County-specific self-represented probate e-filing instruction is posted. Ask the Circuit Clerk-Recorder whether your filing type can be submitted electronically.
Do I have to deliver the original will to the courthouse?
Yes. An original will must be delivered to the probate division on paper. Do not send the original will to the recorder of deeds function first.
Can I appear remotely for a Gasconade County probate hearing?
Ask the Circuit Clerk-Recorder when the hearing is scheduled. No Gasconade County probate remote appearance instruction is posted.
Can I look up a Gasconade County probate case online?
Yes. Use Case.net, the Missouri Judiciary statewide public case search, to look up public docket information for Gasconade County probate cases.
Is the recorder of deeds a separate office in Gasconade County?
No. Gasconade County has a combined Circuit Clerk-Recorder office at 119 E. 1st Street, Room 6, Hermann. That means a probate document that must be recorded for Gasconade County real estate is handled through the same combined office.
Do I need to travel to Hermann for every step?
Not necessarily. Call (573) 486-2632 before traveling to ask how the Circuit Clerk-Recorder accepts your specific filing and whether a hearing has been set. If a hearing is required, ask how attendance is handled.
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.