Back to Missouri
Scott County, MO Probate Information
Quick facts
| Item | Scott County detail |
|---|---|
| Court | Probate Division of the Circuit Court of Scott County, 33rd Judicial Circuit |
| Courthouse address | Scott County Courthouse, 131 S. Winchester St., Benton, MO 63736. Associate Circuit Court, Division 4, Probate is on the second floor. |
| Mailing address | P.O. Box 587, Benton, MO 63736 |
| Phone | (573) 545-3511 |
| Fax | (573) 545-3685 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. |
| Court costs | Scott County's schedule dated 12/31/2025 lists letters of administration at $148.50, letters testamentary with admitted will at $183.50, small estate without will at $68.50, small estate with will at $103.50, refusal of letters at $68.50, determination of heirship at $68.50, admit will at $68.50, lodging a will only at $6.50, and annual decedent estate cost at $30.00. |
| Local forms | Scott County does not post a probate packet, probate cover sheet, or local probate checklist on its county court pages. Use Missouri probate forms and call Division 4 before filing if you are unsure which form set applies. |
| E-filing status | The 33rd Circuit identifies itself as an e-filing court for service-cost payment. Attorneys file through the Missouri eFiling System. Self-represented filers are not required to e-file under Court Operating Rule 27.03(b)(4), effective October 1, 2019, and should ask Division 4 which probate filing types, if any, are accepted electronically. |
| Case search | Case.net is Missouri's statewide public case search for circuit court cases, including probate division cases. |
| Remote appearance | Call Division 4 before any hearing. Scott County does not post probate remote-appearance instructions on its county court pages. |
| Website | https://www.scottcountymo.com/courts.php |
Before you begin — know the assets and liabilities
Before you file anything in Scott County, identify what was owned in the decedent's name alone, what passed by beneficiary designation or survivorship, what debts are known, and whether the original will is available. That asset picture controls whether you are asking Division 4 for letters testamentary or letters of administration, a small estate affidavit, a refusal of letters, or another Missouri probate path.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then organizes what was found into the questions Scott County's probate division will need answered: who should receive notice, what property is in the estate, whether counsel is needed, and which court cost applies.
Which court handles jurisdiction
The Scott County probate counter serves Scott County from the Scott County Courthouse in Benton. The 33rd Judicial Circuit includes Scott and Mississippi counties, but a Scott County estate is filed at the Scott County courthouse, not at the Mississippi County courthouse.
Missouri venue is based first on the decedent's domicile: wills are probated and letters are granted in the county where the deceased person was domiciled (RSMo 473.010). If the decedent was domiciled in Scott County, file in Scott County. If the decedent had no Missouri domicile, Missouri property rules in RSMo 473.010 determine the proper county.
Scott County communities served by this probate division include Sikeston, Chaffee, Oran, Benton, Kelso, Blodgett, Commerce, Diehlstadt, Miner, Morley, and New Hamburg.
The jurisdiction process
- Choose the Scott County path. Start with the will, asset list, debts, real estate, and family information. A full estate uses letters testamentary when there is a will or letters of administration when there is no will. A small estate affidavit may fit only if the Missouri statutory requirements are met. A refusal of letters may fit a surviving spouse, unmarried minor children, or a qualifying creditor under Missouri law.
- Prepare the forms and the original will. Scott County does not post a local probate packet or probate cover sheet. Use Missouri probate forms and deliver the original will to the Probate Division when a will must be presented. Do not rely on a copy of the will unless the court tells you how to proceed.
- File with Division 4 in Benton. File with the clerk of the Probate Division of the Circuit Court of Scott County at Associate Circuit Court, Division 4, Probate, second floor of the Scott County Courthouse, 131 S. Winchester St., Benton, or by mail to P.O. Box 587, Benton, MO 63736.
- Pay the Scott County court cost. Scott County's schedule dated 12/31/2025 lists $148.50 for letters of administration, $183.50 for letters testamentary with admitted will, $68.50 for small estate without will, $103.50 for small estate with will, $68.50 for refusal of letters, $68.50 for determination of heirship, $68.50 to admit will, $6.50 to lodge a will only, and $30.00 as the annual decedent estate cost.
- Handle notice and publication. 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 timing includes the six-month period from first publication, the two-month mailed or served notice branch when it applies, and the one-year outside bar from death (RSMo 473.360, RSMo 473.444).
- Ask how the hearing will be set. Scott County does not post probate hearing days or hearing wait times. If a hearing is needed, ask Division 4 how the probate docket is scheduled and whether the court needs anything else before the setting.
- Ask before planning a remote appearance. Scott County does not post probate remote-appearance instructions. If you live outside Missouri or cannot attend in person, call Division 4 before the hearing date and follow the court's instruction.
- Receive authority and administer the estate. If the court appoints a personal representative, the authority document is letters testamentary or letters of administration. A non-attorney personal representative 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).
- Close the matter. Estate settlement continues after letters issue: collect assets, manage creditor claims, file required inventories and settlements, distribute property, and close under Missouri's supervised or independent administration rules as ordered or allowed by the court.
Forms and documents
Probate forms in Scott County
Scott County does not post a local probate packet, probate cover sheet, or Scott County probate checklist on its county court pages. The Circuit Clerk's downloadable forms page lists other forms, but not probate-specific estate forms.
For probate filings in Scott County, use Missouri probate forms and ask the Division 4 clerk which form is expected for the filing you are making. Do not list statewide form numbers from memory, because the court form page controls the current form set.
| Filing need | Scott County form guidance |
|---|---|
| Full administration with a will | Prepare the petition or application required for letters testamentary and deliver the original will to Division 4. |
| Full administration without a will | Prepare the petition or application required for letters of administration. |
| Small estate affidavit | Use the Missouri small estate affidavit process under RSMo 473.097. The $40,000 net estate threshold became effective August 28, 2002. |
| Refusal of letters | Use the Missouri refusal of letters process under RSMo 473.090 and ask Division 4 which application is expected for a spouse, unmarried minor child, or creditor. |
Fees
Scott County publishes its own circuit court fee schedule dated 12/31/2025. That schedule says it is a basic list and refers readers to 33rd Judicial Circuit Rule 5.1 for a complete list.
| Scott County probate cost | Amount and date |
|---|---|
| Admit will | $68.50, Scott County schedule dated 12/31/2025 |
| Letters of administration, intestate | $148.50, Scott County schedule dated 12/31/2025 |
| Letters testamentary with admitted will | $183.50, Scott County schedule dated 12/31/2025 |
| Determination of heirship | $68.50, Scott County schedule dated 12/31/2025 |
| Small estate without admitted will | $68.50, Scott County schedule dated 12/31/2025 |
| Small estate with admitted will | $103.50, Scott County schedule dated 12/31/2025 |
| Refusal of letters for minor, spouse, or creditor | $68.50, Scott County schedule dated 12/31/2025 |
| Annual decedent estate cost | $30.00, Scott County schedule dated 12/31/2025 |
| Lodging a will only | $6.50, Scott County schedule dated 12/31/2025 |
| Certified copies when not listed in the Scott schedule | $1 per copied page plus $1.50 per seal under Court Operating Rule 21.01, effective September 1, 2023 |
Local nuance
Scott County-specific considerations
Scott County's probate counter is Associate Circuit Court, Division 4, Probate, on the second floor of the Scott County Courthouse. The county court page gives Division 4 its own phone, fax, and P.O. Box, and the court describes the office location as the last office on the right.
That matters because the county also lists a separate Circuit Clerk civil-filing counter at a different street address. For an estate filing, use the clerk of the Probate Division of the Circuit Court of Scott County and the Division 4 probate contact information unless the court tells you otherwise.
Recent updates
| Update | What changed locally |
|---|---|
| Scott County court cost schedule dated 12/31/2025 | The county schedule lists local probate costs, including letters of administration at $148.50, letters testamentary with admitted will at $183.50, small estate without will at $68.50, small estate with will at $103.50, refusal of letters at $68.50, determination of heirship at $68.50, admit will at $68.50, lodging a will only at $6.50, and the annual decedent estate cost at $30.00. |
| Division 4 public hours | Scott County lists Division 4, Probate hours as Monday through Friday, 8:00 a.m. to 4:30 p.m. |
Scenarios
| Scenario | Likely Scott County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Check the deed and account titles first. Property held in a nonprobate form may not need administration, but any asset still in the decedent's name may require a Scott County probate filing in Division 4. | Sunset helps identify accounts, deeds, and beneficiary designations so the spouse can see what is part of the estate settlement and what passes outside court. |
| Out-of-state adult child with a small estate | If the estate meets Missouri's small estate requirements, the child may be able to use a small estate affidavit in Scott County after the statutory waiting period. The $40,000 net estate threshold is under RSMo 473.097 and became effective August 28, 2002. | Sunset organizes the asset list, debts, heirs, and documents so the child can decide whether a Scott County small estate filing is realistic before traveling to Benton. |
| Parent settling a predeceased child's estate, home must be sold | A home that remains in the child's name may require full administration or another court order before sale. A non-attorney personal representative cannot appear in court except through an attorney (RSMo 473.153.7). | Sunset helps build the estate inventory, collect financial information, and connect the parent with a vetted Missouri probate attorney for the Scott County filing. |
Self-help resources
| Resource | How it helps in Scott County | Contact |
|---|---|---|
| Scott County courts page | Local contact page for Associate Circuit Court, Division 4, Probate, including the Benton courthouse location, P.O. Box, phone, fax, and hours. | https://www.scottcountymo.com/courts.php |
| Scott County Circuit Court Fees schedule | County cost schedule dated 12/31/2025 for probate and other circuit court matters. | https://www.scottcountymo.com/cmsAdmin/uploads/3/scott-county-circuit-court-fees-updated-12-31-25.pdf |
| Case.net | Missouri statewide public case lookup for circuit court cases, including probate division cases. | https://www.courts.mo.gov/casenet/ |
| Missouri Judiciary probate forms | Statewide probate forms page. Use it with any Scott County instruction from Division 4. | Missouri Judiciary Probate Court Forms page |
| 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, Sikeston office | Free civil legal aid intake for eligible low-income Missourians in Scott County. Estate administration help depends on the program's intake decision. | 2201 E. Malone Avenue, Sikeston, MO 63801. (573) 683-3783 or (800) 444-4863. |
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 in Scott County when the estate needs letters, real estate must be sold, heirs disagree, creditor claims are expected, or a hearing is likely. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families organize what the decedent owned, what passed outside probate, and what still needs estate settlement in Scott County.
Generate the probate packet. Sunset turns the family intake, asset information, heirs, and debts into an organized probate packet so the attorney or filer can focus on the Scott County Division 4 filing requirements.
Find a local probate attorney. Because a non-attorney personal representative cannot appear in court except through an attorney in Missouri (RSMo 473.153.7), Sunset can connect the family with a vetted probate attorney for a Scott County administration.
Sunset is free for families. Sunset does not charge families for asset discovery, packet preparation, or attorney matching. Families can use Sunset to understand the estate settlement work ahead before deciding how to proceed.
Frequently asked questions
Where do I file probate in Scott County, Missouri?
File Scott County probate matters with Associate Circuit Court, Division 4, Probate, on the second floor of the Scott County Courthouse, 131 S. Winchester St., Benton, MO 63736. Mail probate filings to P.O. Box 587, Benton, MO 63736.
What is the Scott County probate phone number?
The Division 4 probate phone number is (573) 545-3511. The probate fax number is (573) 545-3685.
Does Scott County have local probate forms?
Scott County does not post a local probate packet, cover sheet, or probate checklist on its county court pages. Use Missouri probate forms and ask Division 4 which form is expected for your filing.
Can I e-file a Scott County probate case?
Attorneys file through the Missouri eFiling System. Self-represented filers are not required to e-file under Court Operating Rule 27.03(b)(4), effective October 1, 2019. Ask Division 4 which probate filing types, if any, the 33rd Circuit accepts electronically from self-represented filers.
What court cost does Scott County charge to open an estate?
Scott County's schedule dated 12/31/2025 lists letters of administration at $148.50 and letters testamentary with admitted will at $183.50. The same schedule lists small estate without will at $68.50, small estate with will at $103.50, refusal of letters at $68.50, determination of heirship at $68.50, admit will at $68.50, lodging a will only at $6.50, and annual decedent estate cost at $30.00.
Can I look up a Scott County probate case online?
Yes. Use Case.net, Missouri's statewide public case search for circuit court cases, including probate division cases. Public lookup usually gives docket information, not every document in the file.
Does Scott County post probate hearing days or wait times?
Scott County does not post probate hearing days or filing-to-hearing wait times on its county court pages. If a hearing is needed, call Division 4 and ask how the probate docket is scheduled.
Can I appear remotely for a Scott County probate hearing?
Call Division 4 before the hearing. Scott County does not post probate remote-appearance instructions on its county court pages, so do not assume a remote appearance is available unless the court gives instructions.
Do I have to travel to Benton if I live outside Missouri?
Not for every step. Some filings may be mailed to Division 4 at P.O. Box 587, Benton, MO 63736, and an attorney can handle required court appearances for a full administration. If you are self-represented, call Division 4 before mailing documents or making travel plans.
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.