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Henry County, MO Probate Information
Quick facts
| Item | Henry County probate information |
|---|---|
| Court | Probate Division of the Circuit Court of Henry County, in the 27th Judicial Circuit |
| Courthouse address | Henry County Courthouse, 100 W. Franklin St., Room 212, Clinton, MO 64735 |
| Mailing address | No separate probate mailing address is published. Use 100 W. Franklin St., Room 212, Clinton, MO 64735. |
| Probate phone | (660) 885-7238, Probate & Garnishment Division |
| General clerk phone | (660) 885-7230 |
| Fax | (660) 885-8247 |
| General circuit clerk mailbox: [email protected]. It is not labeled as probate-specific. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. No lunch closure is published. |
| Court cost | No Henry County probate cost schedule is published on the county page. Court Operating Rule 21.01, effective September 1, 2023, sets $115 when original letters are applied for in a decedent's estate, adds $50 for each additional $50,000 of final inventory value above $50,000 through $500,000, and caps total fees under that section at $565. Call the Probate & Garnishment Division for the current Henry County total before you submit papers. |
| Local forms | No Henry County-specific probate packet, cover sheet, or checklist is published on the county Circuit Clerk page. |
| E-filing | Attorneys use the Missouri eFiling System. Self-represented filers are not required to e-file under Court Operating Rule 27.03, effective October 1, 2019, and should ask the Probate & Garnishment Division whether any probate filings are open to them electronically. |
| Case search | Case.net covers Henry County probate cases. Henry County cases pending on or filed after August 18, 2003 are on Case.net; earlier cases must be checked in the clerk's office indexes. |
| Remote appearance | Ask the Probate & Garnishment Division when a hearing is set. No Henry County probate remote-appearance instruction is published on the county Circuit Clerk page. |
| Website | https://www.henrycomo.com/circuit-clerk |
Before you begin — know the assets and liabilities
Before you choose a Henry County probate path, list what the decedent owned, how each asset was titled, known debts, and whether there is an original will. Missouri estate settlement often turns on whether assets pass outside probate, whether a small estate affidavit or refusal of letters fits, or whether full administration is needed.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, investments, and other property before filing. That inventory makes it easier to decide what belongs in the Henry County probate file and what can be handled outside the court process.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Henry County handles probate matters for Henry County, with filings at the Henry County Courthouse in Clinton. The 27th Judicial Circuit includes Bates, Benton, Henry and St. Clair counties, but Henry County filings stay at the Henry County courthouse.
Henry County communities served by this page include Clinton, Windsor, Calhoun, Deepwater, Montrose, and Urich. Missouri venue generally belongs in the county where the decedent was domiciled at death, and probate proceedings for that estate remain in the county where letters are granted (RSMo 473.010).
The jurisdiction process
- Identify the right Missouri path before filing. A full administration asks for letters testamentary or letters of administration, while a small estate affidavit or refusal of letters may avoid appointing a personal representative when the statewide requirements fit (RSMo 473.097, RSMo 473.090).
- Gather the original will, death certificate information, asset list, debt list, names and addresses of interested persons, and any deed or title documents. The original will should be delivered to the probate division on paper even if other filings are handled electronically.
- Prepare the probate papers using Missouri statewide probate forms or attorney-prepared pleadings. Henry County does not publish a county-specific probate packet, cover sheet, or checklist on its Circuit Clerk page.
- File with the Henry County Circuit Clerk's office, Probate & Garnishment Division, at 100 W. Franklin St., Room 212, Clinton, MO 64735. Use the probate phone, (660) 885-7238, for local submission questions.
- Pay the required court cost or ask the clerk for the current total before submitting. No Henry County probate cost schedule is published, so use the statewide Court Operating Rule 21.01 structure, effective September 1, 2023, as the starting point and confirm the local total with the Probate & Garnishment Division.
- After letters are issued 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 creditor deadlines include the six-month and mailed-notice periods in RSMo 473.360 and the separate one-year bar in RSMo 473.444.
- Ask the Probate & Garnishment Division how the hearing, if any, will be scheduled. No Henry County probate hearing day or standing wait time is published on the county Circuit Clerk page.
- Ask about remote appearance only if a hearing is set. No Henry County probate remote-appearance instruction is published on the county Circuit Clerk page.
- If the court grants authority, obtain 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 the estate, complete the inventory and accounting work, address creditor claims, distribute property, and close the estate under the applicable Missouri procedure. In an independent administration, the earliest statutory closing route is tied to six months and ten days after first publication of notice of letters (RSMo 473.840).
Forms and documents
Probate forms in Henry County
Henry County does not publish a county-specific probate packet, cover sheet, or checklist on its Circuit Clerk page. Use the Missouri Judiciary statewide probate forms page for available probate forms, and call the Henry County Probate & Garnishment Division before filing if you are unsure whether the local office wants any additional cover information.
For a full administration, attorney-prepared pleadings are common because a non-lawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7). For a small estate affidavit or refusal of letters, no personal representative is appointed, so those paths can be more practical for a self-represented family when the statewide requirements fit.
Local nuance
Henry County-specific considerations
Henry County's Circuit Clerk page states that the office maintains records of wills from 1840 to the present and estate records from 1840 to the present. For older Henry County estate settlement questions, Case.net is not the only place to look: Henry County cases pending on or filed after August 18, 2003 are on Case.net, while earlier cases and judgments must be checked through the clerk's office judgment and case indexes.
Recent updates
Scenarios
| Situation | Likely Henry County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking the deed and account titles. If the home and major accounts pass outside probate, the spouse may only need Henry County probate help for assets still in the decedent's name alone. If assets remain in the estate, a refusal of letters or full administration may be considered under Missouri law. | Sunset helps identify accounts, insurance, vehicles, and deed issues so the family can see what actually needs a Henry County court filing. |
| Out-of-state adult child w/ small estate | If the entire estate, less liens, debt, and encumbrances, is within the $40,000 net limit, effective August 28, 2002, and the other statutory conditions are met, a small estate affidavit may be available after 30 days from death (RSMo 473.097). File in Henry County if venue belongs there. | Sunset helps organize asset values, debt information, and the probate packet so an out-of-state child can minimize unnecessary courthouse trips. |
| Parent settling predeceased child's estate, home must be sold | A house titled only in the child's name usually points toward a court-supervised transfer path, often full administration in Henry County unless a Missouri shortcut fits. If full administration is needed, counsel is important because a non-lawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7). | Sunset helps find assets and liabilities, prepare the family for attorney review, and connect the parent with a vetted probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Henry County Circuit Clerk, Probate & Garnishment Division | Local filing counter for Henry County probate matters, with the published probate phone line and courthouse room. | 100 W. Franklin St., Room 212, Clinton, MO 64735. Phone: (660) 885-7238. Website: https://www.henrycomo.com/circuit-clerk |
| Case.net | Statewide public case lookup for Missouri circuit court cases, including Henry County probate cases. Henry County cases pending on or filed after August 18, 2003 are included. | https://www.courts.mo.gov/casenet/ |
| Missouri Judiciary probate forms | Statewide probate forms page. Henry County does not publish its own probate packet on the county Circuit Clerk page. | Missouri Judiciary Probate Court Forms page on courts.mo.gov |
| The Missouri Bar Probate Law Resource Guide | Consumer guide published by The Missouri Bar. It is not a Henry County court checklist. | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
| Legal Aid of Western Missouri, Warrensburg office | Free civil legal aid intake for eligible low-income Missourians in a service area that includes Henry County. Probate help depends on eligibility, priorities, and the facts of the case. | 305 North Holden, Warrensburg, MO 64093. Phone: (660) 747-7101 or 1-800-892-2943. |
| Missouri Revisor of Statutes | Official source for Missouri probate statutes, including RSMo chapters 472, 473, 474, and 483. | https://revisor.mo.gov/ |
When to hire an attorney
In Henry County, counsel makes sense for most full administrations, disputed estates, estates with real estate to sell, creditor issues, missing heirs, or any hearing where the personal representative must appear. Missouri law says a personal representative who is not a lawyer cannot appear in court except through an attorney, while still allowing the personal representative to prepare and file their own inventories and settlements (RSMo 473.153.7). Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families locate bank accounts, investments, insurance, retirement assets, and other property that may affect the Henry County probate path.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, so the attorney or filer can see the asset list, debts, heirs, and documents in one place.
Find a local probate attorney. When a full Henry County administration needs counsel, Sunset can connect the family with a vetted Missouri probate attorney who can review the facts and handle court appearances.
Sunset is free for families. Families can use Sunset's estate settlement tools, asset discovery, document organization, and attorney matching without paying Sunset.
Frequently asked questions
Where do I file probate papers in Henry County?
File Henry County probate papers with the Henry County Circuit Clerk's office, Probate & Garnishment Division, at the Henry County Courthouse, 100 W. Franklin St., Room 212, Clinton, MO 64735. The probate phone line is (660) 885-7238.
Does Henry County have its own probate forms?
No Henry County-specific probate packet, cover sheet, or checklist is published on the county Circuit Clerk page. Use Missouri statewide probate forms where available, and ask the Probate & Garnishment Division whether any local cover information is needed before filing.
Can I e-file a Henry County probate case if I am self-represented?
Self-represented filers are not required to e-file under Court Operating Rule 27.03, effective October 1, 2019. Attorneys use the Missouri eFiling System. A self-represented filer should ask the Henry County Probate & Garnishment Division whether any probate filing type is open to them electronically.
What does it cost to start probate in Henry County?
Henry County does not publish a county probate cost schedule on its Circuit Clerk page. Court Operating Rule 21.01, effective September 1, 2023, sets $115 when original letters are applied for in a decedent's estate, adds $50 for each additional $50,000 of final inventory value above $50,000 through $500,000, and caps total fees under that section at $565. Call the Probate & Garnishment Division for the current Henry County total before submitting papers.
How do I look up a Henry County probate case?
Use Case.net for Henry County probate cases. Henry County went live on the JIS case management system on August 18, 2003, so pending cases filed as of that date and later cases are available there. Earlier cases and judgments must be checked through the clerk's office indexes.
Does Henry County publish probate hearing days or wait times?
No Henry County probate hearing day or standing wait time is published on the county Circuit Clerk page. Ask the Probate & Garnishment Division how scheduling works for your filing.
Can I appear remotely for a Henry County probate hearing?
Ask the Probate & Garnishment Division when a hearing is set. No Henry County probate remote-appearance instruction is published on the county Circuit Clerk page.
Do I have to travel to Clinton for every probate step?
Not necessarily. Some steps may be handled by mail, through counsel, or through paperwork submitted to the clerk, but hearing practice depends on the case and the judge's setting. If a full administration requires a court appearance by the personal representative, Missouri limits how a non-lawyer personal representative may appear in court (RSMo 473.153.7).
Where do older Henry County estate records live?
The Henry County Circuit Clerk page states that the office maintains will records from 1840 to the present and estate records from 1840 to the present. For records before the Case.net date, contact the clerk's office about the judgment and case indexes.
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.