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Macon County, MO Probate Information
Quick facts
| Item | Macon County information |
|---|---|
| Court | Probate Division of the Circuit Court of Macon County, 41st Judicial Circuit |
| Probate office address | 101 East Washington, Bldg. 2, Macon, MO 63552 |
| Mailing | Use the Probate Division address unless the office gives you a different mailing instruction. |
| Phone | (660) 385-4631 |
| Fax | (660) 385-4235 |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., open through lunch |
| Court cost | The 41st Judicial Circuit local court rules, Rule 5.1, amended August 24, 2021, list $148.50 for a decedent's estate without a will and $183.50 with a will. Rule 5.1, amended August 24, 2021, also lists an additional clerk fee based on final inventory value, starting at $50.00 for $50,001 to $100,000 and rising in $50.00 steps per $50,000 band to $450.00 for $450,001 or more. Court Operating Rule 21.01, effective September 1, 2023, sets the statewide structure at $115 when original letters are applied for in a decedent's estate, plus $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, with total fees under that rule capped at $565 and one certified copy of the letters included. Ask the Probate Division for the amount due with your filing. |
| Local forms | Yes. Macon County requires a Probate Division Party Information Sheet with applicable court costs at filing. |
| E-filing | Attorneys use the Missouri eFiling System. Self-represented filers are never required to e-file under Court Operating Rule 27.03(b)(4); ask the Probate Division whether the 41st Circuit accepts electronic or emailed probate filings from a self-represented filer. |
| Case search | Case.net. The Macon County Circuit Clerk page states cases filed after November 12, 2003 can be searched by name, case number, filing date or hearing date. |
| Probate law day | Division II Probate Law Day is the first and third Mondays of each month. |
| Remote appearance | Call the Probate Division before assuming any phone or video appearance is available for a probate hearing. |
| Website | https://maconcountymo.com/probate-court |
Before you begin — know the assets and liabilities
Before you choose a filing path in Macon County, make a working inventory of what the person owned, how each asset was titled, whether there was a beneficiary deed or other nonprobate transfer, and what debts or final bills are likely to matter. That first inventory controls whether estate settlement needs a full administration, a refusal of letters, or another Missouri probate route.
Sunset can help you find accounts, policies and balances before you call the Macon County Probate Division or a lawyer. Sunset searches across more than 2,300 financial institutions, which helps families avoid opening the wrong probate path because an account or liability was missed.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Macon County serves Macon County from the probate office in Macon. Communities in the county include Macon, La Plata, Bevier, Callao, Excello and Atlanta.
Macon County is in the 41st Judicial Circuit with Shelby County, but that shared circuit does not create one shared probate counter. A Macon County estate is filed in Macon when the decedent was domiciled in Macon County, because Missouri venue for wills and letters is the county where the decedent's domicile was located (RSMo 473.010). If a Missouri decedent was not domiciled in Missouri, the venue rule looks to Missouri property and, for real estate, to the county where the real estate or the major part of it lies (RSMo 473.010).
The jurisdiction process
- Identify the Missouri probate path before you file. A full administration asks for letters testamentary or letters of administration, while refusal of letters and small estate affidavit procedures do not appoint a personal representative. Macon County's probate page states: "An attorney is necessary to initiate all probate proceedings, except for refusals filed by a creditor, spouse, or unmarried minor child(ren)."
- Prepare the required paperwork. Use the Missouri probate forms that match the filing, include the original will on paper if there is one, and obtain Macon County's Probate Division Party Information Sheet from the probate office if you do not already have it.
- File with the Probate Division at 101 East Washington, Bldg. 2, Macon, MO 63552. Use the probate office, not the general circuit clerk counter, unless the office directs you otherwise.
- Pay the court cost due with the filing. The 41st Judicial Circuit local court rules, Rule 5.1, amended August 24, 2021, list $148.50 for a decedent's estate without a will and $183.50 with a will. The same Rule 5.1, amended August 24, 2021, lists inventory-value clerk fee bands that start at $50.00 for $50,001 to $100,000 and rise in $50.00 steps per $50,000 band to $450.00 for $450,001 or more. Ask the Probate Division for the total due for your filing type.
- If a hearing is needed, expect scheduling around Division II Probate Law Day, which Macon County publishes as the first and third Mondays of each month. The court sets the actual hearing date.
- 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 then runs the creditor deadlines tied to publication and mailed or served notice (RSMo 473.360), plus the separate one-year bar from the date of death (RSMo 473.444).
- Use the issued letters testamentary or letters of administration to collect estate assets, deal with creditors, sell or transfer property when allowed, and prepare the inventory and later settlement filings. A non-attorney personal representative cannot appear in court except through an attorney, although the personal representative may prepare and file inventories and settlements (RSMo 473.153.7).
- Close the estate settlement only after the required notices, creditor period, accounting and distribution steps are complete. If Macon County real estate passes through a small estate certificate or refusal-of-letters order, record the probate document with the Macon County Recorder of Deeds after the probate division issues it (RSMo 473.097, RSMo 473.090).
Forms and documents
Probate forms in Macon County
Macon County publishes a local probate requirement that is easy to miss: the Probate Division Party Information Sheet must be submitted with applicable court costs at the time of filing. The county does not publish an online copy or form number for that sheet, so request it from the Probate Division before you bring or mail the packet.
The Macon County probate page also says numerous statewide probate forms are available for property-transfer matters, and that court clerks may help complete forms. Ask the probate office which forms qualify for that assistance, because the court's local attorney statement still applies to initiating probate proceedings other than the refusal-of-letters exception the county identifies.
Fees
| Cost item | Published amount |
|---|---|
| Decedent's estate without a will | $148.50 under the 41st Judicial Circuit local court rules, Rule 5.1, amended August 24, 2021 |
| Decedent's estate with a will | $183.50 under Rule 5.1, amended August 24, 2021 |
| Additional clerk fee based on final inventory value | $50.00 for $50,001 to $100,000, rising in $50.00 steps per $50,000 band to $450.00 for $450,001 or more, under Rule 5.1, amended August 24, 2021 |
| Annual clerk fee, decedent's estate | $30.00 under Rule 5.1, amended August 24, 2021 |
| Admit a will to probate | $68.50 under Rule 5.1, amended August 24, 2021 |
| Refusal of letters, including one certified copy | $68.50 under Rule 5.1, amended August 24, 2021 |
| Small estate affidavit, including one certified copy | $68.50, or $103.50 with a will, under Rule 5.1, amended August 24, 2021 |
| Determination of heirship, including one certified copy | $68.50 under Rule 5.1, amended August 24, 2021 |
| Receiving or keeping a will during the testator's lifetime | $3.00 under Rule 5.1, amended August 24, 2021 |
| Certified copies not otherwise provided | $1.00 per page and $1.50 per certification under Rule 5.1, amended August 24, 2021 |
Court Operating Rule 21.01, effective September 1, 2023, supplies the statewide fee structure, including $115 when original letters are applied for in a decedent's estate and a total cap of $565 under that rule. The local Rule 5.1 totals are the practical Macon County starting point, and the Probate Division can tell you the amount due for your specific packet.
Local nuance
Macon County-specific considerations
| Local point | What it means for a Macon County filing |
|---|---|
| Separate probate office address | Use 101 East Washington, Bldg. 2, Macon, MO 63552 for probate filings. The general circuit clerk listing does not add the Bldg. 2 qualifier. |
| Open through lunch | The Probate Division lists hours as Monday through Friday, 8:30 a.m. to 4:30 p.m., open through lunch. |
| Local attorney statement | Macon County states: "An attorney is necessary to initiate all probate proceedings, except for refusals filed by a creditor, spouse, or unmarried minor child(ren)." This local statement should be read with RSMo 473.153.7 and the refusal-of-letters statute (RSMo 473.090). |
| Party Information Sheet | The Probate Division requires a Probate Division Party Information Sheet with applicable court costs at filing. Request it from the probate office if it is not included in the forms you have. |
| Probate law day | Division II Probate Law Day is the first and third Mondays of each month. The court still sets the date for a specific hearing. |
Recent updates
| Local update | What changed |
|---|---|
| 41st Judicial Circuit local court rules, Rule 5.1 | The Macon County Circuit Clerk page links the local rules, and Rule 5.1, amended August 24, 2021, publishes the circuit's Probate Court Costs and Other Fees schedule. |
| Probate office hours and building | Macon County's probate page lists the Probate Division at 101 East Washington, Bldg. 2, with hours of Monday through Friday, 8:30 a.m. to 4:30 p.m., open through lunch. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Macon County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First check the deed, mortgage, bank titles and beneficiary designations. If the home was held outside the probate estate, the spouse may still need Macon County probate for accounts or vehicles in the decedent's name alone. If the spouse seeks refusal of letters, Macon County identifies that as the exception to its local attorney statement (RSMo 473.090). | Sunset helps identify accounts and title issues before the spouse spends money on the wrong estate settlement path. |
| Out-of-state adult child with small estate | Call the Macon County Probate Division before mailing anything. The county requires the Probate Division Party Information Sheet, lists local costs in Rule 5.1, and does not post a self-represented electronic filing rule. If a hearing is needed, it may be set on a Division II Probate Law Day. | Sunset can organize assets and debts, generate a probate packet, and connect the child with a Missouri probate attorney if Macon County's local attorney statement applies. |
| Parent settling predeceased child's estate, home must be sold | A sale of Macon County real estate usually pushes the family toward a formal court-supervised path unless a nonprobate deed or other transfer already controls. File in Macon if venue is Macon County under RSMo 473.010, and plan around attorney representation for a full administration under the county's local statement and RSMo 473.153.7. | Sunset helps find accounts, prepare the estate settlement overview for counsel, and match the family with a local probate attorney. |
Self-help resources
| Resource | How it helps |
|---|---|
| Macon County Probate Division | Use the county probate page for the probate office address, phone, fax, hours, local attorney statement, and the Probate Division Party Information Sheet requirement. |
| 41st Judicial Circuit local court rules | The Macon County Circuit Clerk page links the local rules. Rule 5.1 contains the circuit's probate cost schedule, including decedent-estate, refusal-of-letters, small-estate, heirship, will and copy costs. |
| Case.net | Use Case.net to search Macon County probate cases in a browser. The Macon County Circuit Clerk page states cases filed after November 12, 2003 can be searched by name, case number, filing date or hearing date. |
| Missouri Judiciary probate forms | Use the statewide Missouri probate forms page for court-approved probate forms, then add Macon County's Probate Division Party Information Sheet before filing. |
| The Missouri Bar Probate Law Resource Guide | This is a 2024 consumer guide from The Missouri Bar. Use it for general orientation, not as a substitute for Macon County's probate instructions or Missouri statutes. |
| Legal Services of Eastern Missouri | LSEM serves Macon County residents who meet eligibility rules for free civil legal aid. Intake will determine whether the issue is one the program can handle. |
When to hire an attorney
Macon County's probate page gives a direct local instruction: "An attorney is necessary to initiate all probate proceedings, except for refusals filed by a creditor, spouse, or unmarried minor child(ren)." Missouri law also says 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). Counsel is especially important when letters are needed, real estate must be sold, creditors may object, heirs disagree, or a hearing is expected on a Division II Probate Law Day. 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 locate accounts, balances, policies and debts before choosing a Macon County probate path.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, so you can bring a clearer file to the Probate Division or to a Missouri probate attorney.
Find a local probate attorney. Because Macon County publishes a local attorney instruction for probate proceedings other than certain refusals of letters, Sunset can connect you with a vetted probate attorney who handles Missouri estates.
Sunset is free for families. Sunset does not charge families to use its estate settlement tools or to be connected with a vetted probate attorney.
Frequently asked questions
Where do I file probate in Macon County?
File with the Probate Division of the Circuit Court of Macon County at 101 East Washington, Bldg. 2, Macon, MO 63552. A Macon County estate belongs there when venue is Macon County under Missouri's domicile rule (RSMo 473.010).
Does Macon County have a special local probate form?
Yes. The Macon County Probate Division requires a Probate Division Party Information Sheet with applicable court costs at filing. The county does not post an online copy, so request it from the Probate Division before you file.
What does Macon County charge to start a probate case?
The 41st Judicial Circuit local court rules, Rule 5.1, amended August 24, 2021, list $148.50 for a decedent's estate without a will and $183.50 with a will. Rule 5.1, amended August 24, 2021, also lists $68.50 for refusal of letters, $68.50 for a small estate affidavit or $103.50 with a will, $68.50 for determination of heirship, $3.00 for receiving or keeping a will during the testator's lifetime, a $30.00 annual decedent-estate fee, and inventory-value clerk fee bands from $50.00 to $450.00. Ask the Probate Division for the exact amount due with your packet.
When are Macon County probate hearings scheduled?
Macon County publishes Division II Probate Law Day on the first and third Mondays of each month. That is the regular probate docket day, but the court sets the hearing date for a particular case.
Can I e-file a Macon County probate case if I am not a lawyer?
Self-represented filers are never required to e-file under Court Operating Rule 27.03(b)(4). Macon County does not post a self-represented probate e-filing policy, so ask the Probate Division whether the 41st Circuit accepts electronic or emailed probate filings from a self-represented filer.
Do I need an attorney for Macon County probate?
Macon County's probate page states: "An attorney is necessary to initiate all probate proceedings, except for refusals filed by a creditor, spouse, or unmarried minor child(ren)." Missouri law separately limits a non-attorney personal representative from appearing in court except through an attorney (RSMo 473.153.7).
Can I look up a Macon County probate case online?
Yes. Use Case.net for Macon County probate case searches. The Macon County Circuit Clerk page states cases filed after November 12, 2003 can be searched by name, case number, filing date or hearing date.
Do I have to travel to Macon for probate?
Possibly. Filings go to the Probate Division in Macon, and hearings are scheduled by the court. If you live outside Missouri, call the Probate Division before filing to ask how it wants your packet submitted and whether any hearing appearance can be handled without travel.
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.