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Howard County, MO Probate Information
Quick facts
| Item | Howard County probate information |
|---|---|
| Court | Probate Division of the Circuit Court of Howard County, 14th Judicial Circuit |
| Courthouse address | Howard County Courthouse, 1 Courthouse Square, Fayette, MO 65248 |
| Mailing address | No separate probate mailing address is published. Use 1 Courthouse Square, Fayette, MO 65248 unless the clerk gives a different mailing instruction. |
| Probate contact | (660) 248-3326 |
| Fax | (660) 248-1075 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. No lunch closure or probate filing cutoff is published. |
| Court cost to open letters | No Howard County probate cost sheet is published. Missouri's state component under Court Operating Rule 21.01, effective September 1, 2023, starts at $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 up to $500,000, and is capped at $565 under that rule. Ask the Howard County probate clerk for the current local total before bringing payment. |
| Local forms | No Howard County specific probate packet, checklist, or local forms are published. Use Missouri Judiciary probate forms and any instructions from the Howard County clerk. |
| E-filing | Attorneys file through the Missouri eFiling System. Self-represented filers are not required to e-file under COR 27.03(b)(4), effective October 1, 2019, and should ask the Howard County clerk whether any probate filing can be submitted electronically. Original wills are delivered to the probate division on paper. |
| Case search | Case.net, https://www.courts.mo.gov/casenet/. The 14th Judicial Circuit states that Associate Civil and Probate case information is available for public Howard County cases pending as of, or filed after, October 31, 2001. Older judgments must be reviewed at the Circuit Clerk's or Associate Clerk's Office in Fayette. |
| Remote appearance | No current Howard County probate remote appearance rule is published. Ask the clerk when a hearing is scheduled. |
| Website | Missouri Judiciary Howard County local rules and filing information |
Before you begin — know the assets and liabilities
Before you choose a Missouri probate path, list the assets, debts, named beneficiaries, co-owners, and any real estate. That first inventory tells you whether Howard County is the right venue and whether the estate settlement needs letters testamentary, letters of administration, a small estate affidavit, a refusal of letters, or another court order.
Sunset's asset discovery searches more than 2,300 institutions for accounts, insurance, investments, and other property, then helps organize what belongs in the Howard County probate packet and what may pass outside probate.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Howard County serves Howard County from the Howard County Courthouse at 1 Courthouse Square in Fayette. Communities in Howard County include Fayette, New Franklin, Armstrong, and the Howard County portion of Glasgow.
Missouri venue is based first on the county where the deceased person was domiciled. A will is probated and letters are granted in the county of domicile; if the decedent had no Missouri domicile, venue can be in a county where Missouri property is located, with additional rules for real estate (RSMo 473.010). Howard County is in the 14th Judicial Circuit with Randolph County, but the shared circuit does not move a Howard County estate settlement to Randolph County.
The jurisdiction process
- Identify the estate property, debts, known heirs or devisees, and any will. If the decedent was domiciled in Howard County, start with the Howard County probate clerk in Fayette (RSMo 473.010).
- Choose the Missouri procedure that fits the assets. A full administration appoints a personal representative. A small estate affidavit may be available for a net entire estate of $40,000 or less after liens, debt, and encumbrances, 30 days after death (RSMo 473.097, effective August 28, 2002). A refusal of letters may fit some spouse, unmarried minor child, or creditor situations (RSMo 473.090).
- Prepare the petition, application, affidavit, proposed orders, death certificate information, and the original will if there is one. Howard County does not publish a local probate packet, so use Missouri Judiciary probate forms and any instructions the Howard County clerk gives. The original will is delivered to the probate division on paper.
- File at the Howard County Courthouse, 1 Courthouse Square, Fayette, MO 65248. Attorneys file through the Missouri eFiling System. A self-represented filer should ask the clerk whether the filing type is available electronically, because self-represented e-filing is not required under COR 27.03(b)(4), effective October 1, 2019.
- Pay the court cost or deposit required for the filing. No Howard County probate cost sheet is published. For letters, the state component is set by Court Operating Rule 21.01, effective September 1, 2023, including $115 when original letters are applied for, $50 inventory value increments above $50,000, and a $565 cap under that rule, plus any local total the clerk quotes.
- Complete required notice. When letters are issued, the clerk causes notice of the personal representative's appointment and notice to creditors to be published once a week for four consecutive weeks (RSMo 473.033). Missouri creditors then have the later of six months from first publication or two months from mailed or served notice, subject to the separate one year bar from death (RSMo 473.360; RSMo 473.444).
- Attend any hearing the court sets. A non-attorney personal representative cannot appear in court except through an attorney, though the personal representative may prepare and file their own inventories and settlements (RSMo 473.153.7). Ask the Howard County clerk about any remote option when the hearing is set.
- After the court grants authority, use letters testamentary or letters of administration to collect assets, file the inventory within 30 days after letters unless the court allows more time, pay valid claims and expenses, distribute property, and close the estate settlement through the required Missouri settlement or closing procedure (RSMo 473.233).
Forms and documents
Probate forms in Howard County
Howard County does not publish county specific probate forms, a probate packet, or a local checklist. The county's Judiciary page points users to local rules and filing information, but it does not list Howard County probate forms.
Use the Missouri Judiciary probate forms page and check with the Howard County clerk before filing. If a lawyer is handling a full administration, the lawyer will file through the Missouri eFiling System and will still deliver any original will to the probate division on paper.
Local nuance
Howard County-specific considerations
| Local point | What it means in Howard County |
|---|---|
| Shared circuit | Howard County is in the 14th Judicial Circuit with Randolph County, but Howard County probate filings are made at the Howard County Courthouse in Fayette when venue belongs in Howard County. |
| Associate probate docket | The Missouri Judiciary's case information for Howard County groups Associate Civil and Probate matters together. Use the office title, not an individual judge's name, when asking about probate scheduling. |
| Case.net date | Howard County Associate Civil and Probate case information is available through Case.net for public cases pending as of, or filed after, October 31, 2001. The 14th Judicial Circuit also lists December 15, 2014 as the date Howard County case records became available electronically for the referenced case types. |
Recent updates
| Date | Howard County update |
|---|---|
| December 15, 2014 | Howard County case records became available electronically for the referenced public case types, including Associate Civil and Probate matters. |
Scenarios
| Scenario | Likely Howard County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | First confirm how the home was titled. If it passed by survivorship or another nonprobate transfer, the Howard County probate filing may focus only on assets still in the decedent's name. If the spouse needs authority to collect property, a refusal of letters or a full administration may be considered under Missouri law. | Sunset helps identify accounts, co-owners, beneficiary designations, and documents before the spouse decides whether a Howard County estate settlement is needed. |
| out-of-state adult child w/ small estate | If the net entire estate fits the Missouri small estate rule, the adult child may be able to file a small estate affidavit in Howard County after the 30 day waiting period (RSMo 473.097, effective August 28, 2002). If a hearing is set, ask the clerk about appearance options before making travel plans. | Sunset organizes the asset list, debts, heirs, and institution contacts so the child can see whether a small estate filing is realistic before traveling to Fayette. |
| parent settling predeceased child's estate, home must be sold | If Howard County real estate remains in the child's name and must be sold, the family may need letters from the Probate Division or, after the statutory one year period with no administration and no will presented, a determination of heirship route may be relevant (RSMo 473.663). A sale during full administration usually makes counsel important because a non-attorney personal representative cannot appear in court except through an attorney (RSMo 473.153.7). | Sunset helps gather mortgage, deed, tax, account, and debt information and can connect the parent with a Missouri probate attorney for the Howard County filing. |
Self-help resources
| Resource | Contact | How it helps |
|---|---|---|
| Howard County probate clerk | Howard County Courthouse, 1 Courthouse Square, Fayette, MO 65248. Phone: (660) 248-3326. Fax: (660) 248-1075. | Use this office for Howard County probate filing questions, payment instructions, hearing logistics, and whether a self-represented filing type can be submitted electronically. |
| Case.net | https://www.courts.mo.gov/casenet/ | Missouri's public case search for circuit court cases, including Howard County probate matters that are available to the public. |
| Missouri Judiciary probate forms | Missouri Judiciary probate forms page | Statewide probate form source. Howard County does not publish a separate local probate packet. |
| The Missouri Bar Probate Law Resource Guide | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf | A 2024 consumer guide from The Missouri Bar. It is not a Howard County court checklist. |
| Missouri Revisor of Statutes | https://revisor.mo.gov/ | Useful for reading Missouri probate statutes and constitutional provisions directly from the official source. |
| Mid-Missouri Legal Services | Columbia Main Office, 117 North Garth, Columbia, MO 65203. Phone: (573) 442-0116 or (800) 568-4931. | Free civil legal aid intake for eligible low-income Missourians. The Columbia office serves Howard County. |
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 important when a Howard County estate needs letters, a court hearing, a real estate sale, contested heirs, creditor disputes, or supervised administration. Sunset connects families to a vetted local probate 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 accounts, and other assets that can change the Howard County estate settlement plan.
Generate the probate packet. Sunset turns the family questionnaire, asset list, debts, heirs, and documents into an organized probate packet for the Missouri path that fits the estate.
Find a local probate attorney. When a full administration or court appearance is needed, Sunset can connect the family with a vetted Missouri probate attorney familiar with local filing practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand the next step, and get matched with professional help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Howard County, Missouri?
File Howard County probate matters at the Howard County Courthouse, 1 Courthouse Square, Fayette, MO 65248. Missouri venue usually belongs in the county where the decedent was domiciled (RSMo 473.010).
What phone number should I use for Howard County probate?
Use (660) 248-3326 for the Howard County probate and associate contact. The fax number is (660) 248-1075.
Does Howard County have local probate forms?
No Howard County specific probate packet, forms, or checklist is published. Use the Missouri Judiciary probate forms page and ask the Howard County clerk whether any local cover sheet or instruction is required for your filing.
Can I e-file a Howard County probate case if I am representing myself?
Self-represented filers are not required to e-file under COR 27.03(b)(4), effective October 1, 2019. Ask the Howard County clerk whether the particular probate filing type is available electronically. Attorneys file through the Missouri eFiling System.
Can I look up a Howard County probate case online?
Yes. Case.net is Missouri's public case search. The 14th Judicial Circuit states that Howard County Associate Civil and Probate case information is available for public cases pending as of, or filed after, October 31, 2001. Older judgments must be reviewed at the Circuit Clerk's or Associate Clerk's Office in Fayette.
How much does it cost to open letters in Howard County?
No Howard County probate cost sheet is published. For letters, Missouri's state component under Court Operating Rule 21.01, effective September 1, 2023, includes $115 when original letters are applied for in a decedent's estate, $50 increments tied to final inventory value above $50,000, and a $565 cap under that rule. Ask the Howard County clerk for the current local total before filing.
Will I have to travel to Fayette for a Howard County probate hearing?
Possibly. No current Howard County probate remote appearance rule is published. If the court sets a hearing, ask the clerk whether the court will allow a telephone or video appearance for your type of matter.
Can a non-attorney handle a Howard County estate without a lawyer?
Missouri draws an important line. A non-attorney personal representative cannot appear in court except through an attorney, but may prepare and file their own inventories and settlements (RSMo 473.153.7). A small estate affidavit or refusal of letters does not appoint a personal representative, so the attorney rule may affect those paths differently.
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.