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Montgomery County, MO Probate Information
Quick facts
| Item | Montgomery County detail |
|---|---|
| Court | Probate Division of the Circuit Court of Montgomery County, 12th Judicial Circuit |
| Courthouse address | 211 E. 3rd St., Suite 301, Montgomery City, MO 63361 |
| Mailing address | No separate mailing address is published. Use 211 E. 3rd St., Suite 301, Montgomery City, MO 63361. |
| Phone | (573) 564-3341 |
| Fax | (573) 564-3914 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays |
| Opening court cost | No Montgomery County total is published. Court Operating Rule 21.01, effective September 1, 2023, sets state components including $115 when original letters are applied for, $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, and a $565 cap under that rule. Ask the clerk what total is collected at the counter for your filing type. |
| Local forms | No Montgomery County-specific probate packet is published on the Judiciary's Montgomery County page. Use the statewide Missouri Judiciary probate forms page and ask the clerk whether a 12th Circuit local rule affects your filing. |
| E-filing status | Attorneys use the Missouri eFiling System. Self-represented filers are never required to e-file under Court Operating Rule 27.03(b)(4), effective October 1, 2019, and should ask the clerk which probate filing types the system accepts. |
| Case search | Case.net. The 12th Judicial Circuit states that Montgomery County Associate Civil and Probate public case information is available for cases pending as of, or filed after, July 1, 1997. Earlier judgments are in the judgment index at the Circuit Clerk's office in Montgomery. |
| Remote appearance | Ask the clerk before planning to appear by phone or video. No Montgomery County probate remote practice is published on the Judiciary's Montgomery County page. |
| Website | Missouri Judiciary Montgomery County local rules and filing information page |
Before you begin — know the assets and liabilities
Before you file in Montgomery County, make a working list of the decedent's probate assets, nonprobate transfers, debts, funeral expenses and real estate. That determines whether you are asking for letters, using a small estate affidavit, seeking a refusal of letters or waiting for a determination of heirship.
Sunset's 2,300-institution asset discovery helps families find accounts before choosing the estate settlement path. That matters locally because the courthouse filing is at 211 E. 3rd St., Suite 301, but Montgomery County real estate recording is handled at the Recorder of Deeds office on Salisbury Street.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Montgomery County handles probate matters for decedents whose Missouri venue is Montgomery County, including Montgomery City and the rest of the county. Montgomery County is in the 12th Judicial Circuit with Audrain and Warren counties, but Montgomery County probate filings stay at the Montgomery County courthouse.
Missouri venue generally belongs in the county where the decedent was domiciled at death. If the decedent was not domiciled in Missouri, venue can be in a county where Missouri property is located, subject to the real estate rule in the statute (RSMo 473.010).
The jurisdiction process
- Choose the Missouri path before filing. A full administration asks for letters testamentary or letters of administration, while a small estate affidavit, refusal of letters or determination of heirship may fit different facts under Missouri law.
- Prepare the opening papers using the statewide Missouri probate forms and any 12th Circuit instruction the clerk gives you. Montgomery County does not publish a county-specific probate packet on the Judiciary's Montgomery County page.
- File with the clerk of the Probate Division of the Circuit Court of Montgomery County at 211 E. 3rd St., Suite 301, Montgomery City, MO 63361. If there is an original will, deliver the original will to the probate division even when other papers are prepared electronically.
- Pay the court cost the clerk quotes for your filing type. If original letters are requested, Court Operating Rule 21.01, effective September 1, 2023, sets state components including $115 when original letters are applied for, plus $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, with a $565 cap under that rule.
- If a personal representative is appointed, follow the notice process. The clerk causes notice of letters to be published once a week for four consecutive weeks, and creditor deadlines run from the first publication date or from mailed or served notice when that later deadline applies (RSMo 473.033, RSMo 473.360).
- Handle any hearing requirement through the court. 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).
- Use Case.net to follow the public docket, and call the clerk before relying on a phone or video appearance because no Montgomery County probate remote practice is published on the Judiciary's Montgomery County page.
- After the court grants authority, use letters testamentary or letters of administration to work with banks, buyers and title companies. If a small estate certificate or refusal-of-letters order affects Montgomery County real estate, record the certified probate document with the Montgomery County Recorder of Deeds at 310 Salisbury St., Suite A, Montgomery City, MO 63361.
- Administer and close the estate. Track receipts, creditor claims, distributions and settlement papers so the estate settlement can be completed under the Missouri route the court approved.
Forms and documents
Probate forms in Montgomery County
Montgomery County does not publish a county-specific probate packet, cover sheet or checklist on the Judiciary's Montgomery County page. Start with the statewide Missouri Judiciary probate forms page, then call the Montgomery County clerk at (573) 564-3341 to ask whether a 12th Circuit local rule or judge preference affects your filing.
| Form need | Where to start | Local note |
|---|---|---|
| Full administration | Statewide Missouri probate forms and any attorney-prepared petition | File at 211 E. 3rd St., Suite 301, Montgomery City. |
| Small estate affidavit | Statewide Missouri probate forms for small estates | The clerk's certificate is the document institutions expect after the affidavit is filed (RSMo 473.097). |
| Refusal of letters | Statewide Missouri probate forms for refusal of letters | If the order affects Montgomery County real estate, record a certified copy with the Recorder of Deeds on Salisbury Street (RSMo 473.090). |
| Original will | Deliver the original will to the probate division | Do not send the original will to the Recorder of Deeds. |
Local nuance
Montgomery County-specific considerations
| Local point | Why it matters |
|---|---|
| Recorder of Deeds is at a different address | The probate filing counter is at 211 E. 3rd St., Suite 301. The Recorder of Deeds is listed at 310 Salisbury St., Suite A. Record a small estate certificate or certified refusal-of-letters order affecting Montgomery County real estate at the recorder's office, not at the probate counter. |
| Case.net date coverage | For Montgomery County, public Associate Civil and Probate case information is available for cases pending as of, or filed after, July 1, 1997. Earlier judgments are in the Circuit Clerk's judgment index in Montgomery. |
| One published clerk line | The published Circuit Clerk number, (573) 564-3341, is the local number to use for probate questions because no separate Montgomery County probate phone line is published. |
Recent updates
Scenarios
| Situation | Likely Montgomery County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First identify whether the home passed outside probate by title. If probate action is still needed for Montgomery County real estate, the filing begins at the courthouse and any certified order or certificate affecting title is recorded with the Recorder of Deeds on Salisbury Street. | Sunset helps identify accounts, title issues and nonprobate transfers before the spouse chooses the estate settlement path. |
| Out-of-state adult child with a small estate | If the Missouri small estate requirements are met, the child may be able to use a small estate affidavit after 30 days from death. The $40,000 net threshold is effective August 28, 2002 (RSMo 473.097). Call the Montgomery County clerk before mailing papers, especially if an original will must be delivered. | Sunset can help organize asset information, generate a probate packet and connect the child with a Missouri attorney when a court appearance or full administration is needed. |
| Parent settling predeceased child's estate, home must be sold | If the home did not pass by a beneficiary deed, joint title or another nonprobate transfer, a full administration or another Missouri probate order may be needed before sale. File probate papers in Montgomery City and record any title-affecting certified document with the Montgomery County Recorder of Deeds. | Sunset helps find financial accounts, coordinate real estate information and route the family to local counsel for sale authority and estate settlement. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Montgomery County local rules and filing information | Judiciary page for Montgomery County local court materials and filing information. | Missouri Judiciary Montgomery County local rules and filing information page |
| Case.net | Statewide public case lookup for Missouri circuit court cases, including probate dockets. | Case.net |
| 12th Judicial Circuit court-specific help | Explains Montgomery County case information coverage and courthouse public terminal access dates. | Missouri Judiciary court-specific help page for the 12th Judicial Circuit |
| Missouri Judiciary probate forms | Statewide probate form starting point when Montgomery County has no local packet published. | Missouri Judiciary probate forms page |
| Legal Services of Eastern Missouri | Free civil legal aid intake for eligible low-income residents. LSEM lists Montgomery County in its service area. | LSEM offices and service areas |
| The Missouri Bar probate guide | Consumer probate law guide published by The Missouri Bar. | Probate Law Resource Guide |
| Missouri Revisor of Statutes | Official Missouri statutes and constitutional provisions. | Missouri Revisor of Statutes |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, insurance and other assets before the family chooses a Montgomery County probate path.
Generate the probate packet. Sunset turns the family information into organized estate settlement paperwork, using Missouri probate terminology and the Montgomery County filing location.
Find a local probate attorney. If the estate needs letters, a court appearance, real estate sale authority or legal advice, Sunset connects the family with a vetted Missouri probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps and get matched with professional help without paying Sunset.
Frequently asked questions
Where do I file probate in Montgomery County, Missouri?
File with the clerk of the Probate Division of the Circuit Court of Montgomery County at 211 E. 3rd St., Suite 301, Montgomery City, MO 63361. The published phone number is (573) 564-3341.
Is there a separate probate office in Montgomery County?
No separate Probate Division room, phone line or office is published for Montgomery County. The Circuit Clerk's office in Suite 301 serves as the probate division clerk's counter (RSMo 472.010(4)).
Can I e-file a Montgomery County probate case if I am representing myself?
Self-represented filers are never required to e-file under Court Operating Rule 27.03(b)(4), effective October 1, 2019. Attorneys use the Missouri eFiling System. If you are not represented, ask the Montgomery County clerk which probate filing types the system accepts and whether paper or mailed filing is the better option for your papers.
How do I look up a Montgomery County probate case?
Use Case.net for Missouri public case lookup. For Montgomery County, the 12th Judicial Circuit states that public Associate Civil and Probate case information is available for cases pending as of, or filed after, July 1, 1997. Earlier judgments are in the judgment index at the Circuit Clerk's office in Montgomery.
Does Montgomery County publish its own probate forms?
The Judiciary's Montgomery County page does not publish a county-specific probate packet, cover sheet or checklist. Use the statewide Missouri Judiciary probate forms page and ask the clerk whether a 12th Circuit local rule affects your filing.
What court cost should I expect when asking for letters in Montgomery County?
No Montgomery County total is published. Court Operating Rule 21.01, effective September 1, 2023, sets state components including $115 when original letters are applied for, $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, and a $565 cap under that rule. Call the clerk at (573) 564-3341 for the total collected for your filing type.
Can a small estate affidavit be used in Montgomery County?
Yes, if the Missouri statutory requirements are met. The statewide small estate threshold is $40,000 net, effective August 28, 2002 (RSMo 473.097), and 30 days must have passed since death. The statute also addresses bond, possible bond waiver by the court and the clerk's certificate.
Where do I record a Montgomery County probate document that affects real estate?
Record the certified small estate certificate or refusal-of-letters order with the Montgomery County Recorder of Deeds at 310 Salisbury St., Suite A, Montgomery City, MO 63361. That is a different address from the courthouse probate counter.
Do I have to travel to Montgomery City for probate?
It depends on the filing and whether a hearing is required. Call the clerk before mailing papers or planning a remote appearance, and remember that an original will must be delivered to the probate division. If a personal representative is not a lawyer and must appear in court, appearance is through an attorney (RSMo 473.153.7).
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.