Back to Missouri
Maries County, MO Probate Information
Quick facts
| Item | Maries County probate information |
|---|---|
| Court | Probate Division of the Circuit Court of Maries County, 25th Judicial Circuit |
| Courthouse address | Maries County Courthouse, 211 Fourth St., Vienna, MO 65582. Circuit Clerk and Recorder's office, 2nd floor. |
| Mailing address | P.O. Box 490, Vienna, MO 65582 |
| Phone | (573) 422-3338 |
| Fax | (573) 422-3976 |
| Hours | Call before visiting. The county probate page does not state counter hours. |
| Court cost to start | Maries County does not publish a local probate cost schedule. For original letters, Court Operating Rule 21.01, effective September 1, 2023, sets a $115 state component, 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. Ask the Vienna clerk to calculate the total collected locally before you bring payment. |
| Local forms | No local Maries County probate packet is posted. The county probate page sends filers to the Missouri Judiciary forms page and reminds filers that clerks cannot give legal advice. |
| E-filing | Attorneys use the Missouri eFiling System. A self-represented filer is not required to e-file under Court Operating Rule 27.03(b)(4); ask the clerk whether any self-represented probate filing type is available electronically in Maries County. |
| Case search | Case.net. Circuit 25 guidance says public Associate Civil and Probate case information for Maries County is available for public cases pending as of, or filed after, January 22, 2007. |
| Remote appearance | No local probate remote-appearance practice is stated on the Maries County probate page. Ask the clerk when a hearing is set. |
| Website | Maries County Probate Division: https://www.mariescountymo.gov/probate-division.html. Maries County Circuit Clerk: https://www.mariescountymo.gov/circuit-clerk.html. |
Before you begin — know the assets and liabilities
Before you choose a Missouri probate path in Maries County, list what the person owned, how each asset was titled, the debts you know about, and whether there is an original will. The Vienna probate counter can take filings, but the clerk cannot give legal advice about which route fits the estate.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then organizes the results so you can decide whether Maries County needs a full administration, a small estate affidavit, a refusal of letters, or no court filing for a particular asset.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Maries County serves estates venued in Maries County. Missouri venue for admitting a will and granting letters is generally the county where the decedent was domiciled at death (RSMo 473.010).
Maries County is part of the 25th Judicial Circuit with Phelps, Pulaski and Texas counties. That shared circuit does not create a shared probate counter. A Maries County estate is filed at the Maries County Courthouse in Vienna unless Missouri venue law sends it somewhere else.
The jurisdiction process
- Gather the original will, death certificate, asset list, debt list, names and addresses of heirs or devisees, and any documents showing how real estate or accounts are titled.
- Choose the Missouri path that fits the estate. Full administration asks the court for letters testamentary or letters of administration. A small estate affidavit may fit when the net estate does not exceed $40,000, effective August 28, 2002 (RSMo 473.097). A refusal of letters may fit a surviving spouse, unmarried minor children, or a qualifying creditor under Missouri's separate rule (RSMo 473.090).
- Use the Missouri Judiciary probate forms or attorney-prepared pleadings. Maries County does not post its own probate packet, and its probate page directs filers to the statewide forms page and to an attorney for legal questions.
- File at the Maries County Courthouse, 211 Fourth St., Vienna, through the Circuit Clerk and Recorder's office on the 2nd floor, which serves as the clerk of the probate division (RSMo 472.010(4)). Mail filings to P.O. Box 490, Vienna, MO 65582 if the clerk confirms mail is appropriate for your filing.
- Deliver the original will to the probate division on paper. Electronic filing rules do not replace the requirement that the original will be delivered to the probate division.
- Pay the court costs the Vienna clerk calculates. Maries County does not publish a local schedule, so ask for the total collected locally. Court Operating Rule 21.01, effective September 1, 2023, sets the state structure for original letters and later inventory-based charges.
- After letters issue, the clerk causes notice of the appointment to be published once a week for four consecutive weeks (RSMo 473.033). Creditors generally run on the later of six months from first publication or two months from mailed or served notice, with the separate one-year-from-death bar still applying (RSMo 473.360; RSMo 473.444).
- If the court sets a hearing, ask the Vienna clerk how the setting is handled and whether any remote option is available for that hearing. No Maries County probate remote-appearance practice is stated on the county probate page.
- Once appointed, the personal representative uses letters testamentary or letters of administration as authority with banks, buyers, and other institutions. 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, file the inventory within 30 days after letters are granted unless the court allows more time (RSMo 473.233), pay valid claims and expenses, distribute property, and complete the required settlement or closing steps for the type of administration. This is the court-facing part of estate settlement.
Forms and documents
Probate forms in Maries County
Maries County does not publish a local probate packet, cover sheet, or county-specific checklist. The county's Probate Division page tells filers to use the Missouri Judiciary website for available forms and to contact an attorney for legal questions about filing probate documents.
Use the Maries County Courthouse address and mailing address for local filing logistics, but use Missouri forms or attorney-prepared pleadings for the substance of the filing. If you are filing an original will, deliver the original paper will to the probate division.
Local nuance
Maries County-specific considerations
| Local point | What it means in Maries County |
|---|---|
| Shared circuit, local courthouse | Maries County is in the 25th Judicial Circuit with Phelps, Pulaski and Texas counties, but a Maries County estate is handled at the courthouse in Vienna when venue belongs in Maries County (RSMo 473.010). |
| Probate named separately | The county website has a dedicated Probate Division page for decedent's estates, guardianships and mental health matters, while the same courthouse office and phone number are used through the Circuit Clerk and Recorder. |
| Mailing address | Use P.O. Box 490, Vienna, MO 65582 for the Maries County Circuit Clerk and Recorder unless the clerk gives a different instruction for your filing. |
| Forms | Maries County points filers to the Missouri Judiciary forms page rather than posting a local probate packet. |
Recent updates
Scenarios
| Scenario | Likely Maries County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming title to the home and whether it passes outside probate. If a court filing is still needed for other property, the spouse may ask whether refusal of letters or another Missouri path fits before opening full administration in Vienna. | Sunset helps identify accounts, debts, beneficiary designations, and real estate details so the spouse can avoid opening a larger court case than the assets require. |
| Out-of-state adult child with a small estate | If 30 days have passed since death and the net estate does not exceed $40,000, effective August 28, 2002 (RSMo 473.097), a small estate affidavit may avoid letters. The filing still goes through the Maries County probate division in Vienna, and any real estate step may also require filing the clerk's certificate with the recorder of deeds where the land is located. | Sunset organizes the asset list and can help generate a probate packet, then connect the child with a Missouri attorney if the facts do not fit the small-estate route. |
| Parent settling a predeceased child's estate, home must be sold | A sale of a home from the estate often points toward full administration, especially if title did not pass outside probate. File in Maries County if venue belongs there, and plan for attorney help because a non-lawyer personal representative cannot appear in court except through an attorney (RSMo 473.153.7). | Sunset supports estate settlement by finding accounts, preparing information for counsel, and helping the family move from asset discovery to a court-ready plan. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Maries County Probate Division | Local filing office for decedent's estates in Maries County. The county page also explains that clerks cannot give legal advice. | 211 Fourth St., Vienna, MO 65582. Phone: (573) 422-3338. Website: https://www.mariescountymo.gov/probate-division.html. |
| Maries County Circuit Clerk and Recorder | Courthouse office on the 2nd floor that serves as the clerk of the probate division for local filing logistics. | P.O. Box 490, Vienna, MO 65582. Phone: (573) 422-3338. Fax: (573) 422-3976. Website: https://www.mariescountymo.gov/circuit-clerk.html. |
| Case.net | Statewide public case lookup for Missouri circuit courts, including probate division case information. Public Case.net usually shows docket information, not every filed document. | https://www.courts.mo.gov/casenet/ |
| Missouri Judiciary probate forms | Statewide probate forms page referenced by the Maries County Probate Division page. | Search the Missouri Courts website for probate court forms. |
| The Missouri Bar Probate Law Resource Guide | Consumer guide from The Missouri Bar for general probate education. | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
| Legal Services of Southern Missouri, Rolla office | Free civil legal aid for eligible low-income Missourians. Intake decides whether help is available for a particular issue. | 1412 Missouri 72, Rolla, MO 65409. Phone: (573) 341-3655. Website: https://www.lsosm.org/ |
When to hire an attorney
In Missouri a personal representative who is not a lawyer 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). Counsel is especially practical in Maries County when the estate needs full administration, a home sale, creditor disputes, unclear heirs, or a hearing. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, organizes what is found, and helps you see which assets may need the Maries County probate division and which may pass outside probate.
Generate the probate packet. Sunset turns the asset and family information into an organized estate settlement packet you can review with counsel or use to prepare for the Vienna filing counter.
Find a local probate attorney. When full administration or a court appearance is likely, Sunset can connect you with a vetted Missouri probate attorney who understands local filing practice.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps, and get connected to local help without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a Maries County resident?
File with the Probate Division of the Circuit Court of Maries County at the Maries County Courthouse, 211 Fourth St., Vienna, MO 65582, when Missouri venue belongs in Maries County. Venue is generally the county where the decedent was domiciled at death (RSMo 473.010).
Does Maries County have its own probate forms?
No local Maries County probate packet is posted. The county Probate Division page directs filers to the Missouri Judiciary website for available forms and to an attorney for legal questions about filing probate documents.
How much does a Maries County probate case cost at the start?
Maries County does not publish a local probate cost schedule. For original letters, Court Operating Rule 21.01, effective September 1, 2023, sets a $115 state component, 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. Ask the Vienna clerk to calculate the total collected locally before you bring payment.
Do I have to e-file in Maries County probate?
Attorneys use the Missouri eFiling System. A self-represented filer is not required to e-file under Court Operating Rule 27.03(b)(4). Ask the Maries County clerk whether any self-represented probate filing type is available electronically, and remember that the original will must be delivered to the probate division on paper.
Can I look up a Maries County probate case online?
Use Case.net for Missouri public case lookup. Circuit 25 guidance says public Associate Civil and Probate case information for Maries County is available for public cases pending as of, or filed after, January 22, 2007. Public Case.net generally shows docket information, not every filed document.
Will I have to travel to Vienna for a probate hearing?
Maybe. The Maries County probate page does not state a local remote-appearance practice. If the court sets a hearing, ask the clerk how the hearing will be held and whether the court will consider any remote option for that setting.
Can a small estate be handled in Maries County without letters?
Missouri allows a small estate affidavit when the statutory conditions are met, including that the net estate does not exceed $40,000, effective August 28, 2002 (RSMo 473.097), and at least 30 days have passed since death. The affidavit is still filed with the probate division, and the clerk's certificate is the document institutions usually need.
Does the 25th Judicial Circuit mean I can file in Rolla, Waynesville or Houston?
No. Maries County shares the 25th Judicial Circuit with Phelps, Pulaski and Texas counties, but each county keeps its own courthouse and probate filing office. A Maries County estate is filed in Vienna when venue belongs in Maries County.
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.