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Washington County, MO Probate Information
Quick facts
| Item | Washington County probate information |
|---|---|
| Court | Probate Division of the Circuit Court of Washington County |
| Courthouse address | 102 North Missouri Street, Potosi, MO 63664 |
| Mailing address | 102 North Missouri Street, Potosi, MO 63664 |
| Phone | (573) 438-4171 |
| Fax | Call the office before faxing probate papers. A separate probate fax line is not published on the county page. |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. |
| Court costs | Washington County does not publish a local probate cost schedule. State components are set by Court Operating Rule 21.01, effective September 1, 2023, including an added charge when final inventory value exceeds $50,000 and a cap of $565.00 under that rule. Ask the Washington County Circuit Clerk for the current local total before you file. |
| Local forms | No Washington County local probate packet or cover sheet is published. Use Missouri's statewide probate forms and any instructions the clerk gives you. |
| E-filing | Attorneys use the Missouri eFiling System. Self-represented filers are never required to e-file and may use electronic filing only for filing types the statewide system opens to them. Ask the clerk how to submit a self-represented probate filing in Washington County. A physical original will must be delivered to the probate division. |
| Case search | Case.net, Missouri's statewide public case search, covers Washington County probate cases. |
| Remote appearance | The notice of hearing controls. Ask the clerk before the hearing date if you want to request a remote appearance. |
| Website | https://www.washingtoncountymo.us/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before you file anything in Washington County, list the assets, debts, known creditors, real estate, beneficiary designations and any will. That inventory tells you whether the estate settlement needs letters testamentary or letters of administration, a small estate affidavit, a refusal of letters, or another Missouri procedure.
Sunset's asset discovery checks more than 2,300 financial institutions so families can find accounts before choosing a probate path. That matters locally because the Washington County filing decision depends on what the decedent owned, what passed outside probate, and whether Washington County real estate will need a recorded probate document.
Which court handles jurisdiction
The Probate Division of the Circuit Court of Washington County serves estate matters venued in Washington County, with the courthouse office in Potosi. The county is part of the 24th Judicial Circuit with Madison, St. Francois and Ste. Genevieve counties, but those counties do not share one probate counter for Washington County estates.
Missouri venue is usually the county where the decedent was domiciled at death. If the decedent was domiciled in Washington County, the will is probated and letters are granted in Washington County (RSMo 473.010). If the decedent had no Missouri domicile, venue depends on where Missouri property is located, with special treatment for real estate (RSMo 473.010).
The jurisdiction process
- Choose the Missouri path. Decide whether the estate needs full administration, independent administration, a small estate affidavit, a refusal of letters, or a later determination of heirship. A small estate affidavit is available only when the net estate does not exceed $40,000 (RSMo 473.097, effective August 28, 2002), and it does not appoint a personal representative.
- Prepare the forms and supporting documents. Washington County does not publish a local probate packet. Use Missouri's statewide probate forms, attach the death certificate and asset information, and bring the physical original will if there is one.
- File with the Washington County probate division. Submit the papers to the Circuit Clerk's office serving as clerk of the probate division at 102 North Missouri Street, Potosi, MO 63664. The clerk of the probate division is the statutory filing officer for probate matters (RSMo 472.010(4)).
- Pay the opening court cost or ask what is due. Because Washington County does not publish a local probate cost schedule, ask the Circuit Clerk for the current Washington County total before filing. State components are set by Court Operating Rule 21.01, effective September 1, 2023, and some charges depend on the final inventory value.
- Handle notice. In a full administration, the clerk causes notice of letters to be published once a week for four consecutive weeks (RSMo 473.033). Missouri creditor deadlines include the six-month period from first publication or the later two-month period after mailed or served notice, plus the one-year bar from death (RSMo 473.360; RSMo 473.444).
- Watch for a hearing notice. If the court sets a hearing, use the date, time and appearance instructions on the notice. The page does not publish a standing Washington County probate remote-appearance rule, so ask the clerk before the hearing if travel is difficult.
- Receive authority if the court grants letters. With a will, the authority document is letters testamentary. Without a will, it is letters of administration. 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 inventories and settlements (RSMo 473.153.7).
- Administer and close the estate settlement. File the inventory within thirty days after letters are granted unless the court gives more time (RSMo 473.233). Pay allowed claims, account for assets, distribute property and close the estate under the Missouri procedure that applies to the type of administration.
- Record real estate documents when needed. If a small estate affidavit and clerk's certificate, refusal order, or heirship decree affects Washington County real estate, record the required certified or file-stamped document with the Washington County Recorder of Deeds at 102 North Missouri Street, Potosi, MO 63664.
Forms and documents
Probate forms in Washington County
Washington County does not publish a local probate forms packet, cover sheet or local checklist. Use the Missouri Judiciary's statewide probate forms and follow any instructions from the Washington County Circuit Clerk's office.
Do not send the original will to the Recorder of Deeds. A physical original will belongs with the probate division. If real estate title later has to be updated through a small estate affidavit and clerk's certificate, a refusal order, or a determination-of-heirship decree, that later probate document is recorded with the Washington County Recorder of Deeds.
Recent updates
Scenarios
| Situation | Likely Washington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First identify whether the home passed outside probate by survivorship or a beneficiary deed. If no probate transfer is needed for the home, the Washington County filing may be limited to remaining probate assets or no estate filing at all. | Sunset helps identify accounts, debts and title clues so the spouse can avoid opening the wrong estate settlement path. |
| Out-of-state adult child with a small estate | If the net estate qualifies for a Missouri small estate affidavit, the child can file in Washington County after the statutory waiting period and request the clerk's certificate. If Washington County real estate is involved, the probate document may also need to be recorded with the Recorder of Deeds in Potosi. | Sunset helps gather asset information, generate a packet and coordinate with a local attorney when the matter needs counsel. |
| Parent settling predeceased child's estate, home must be sold | If the home is still in the child's name and no nonprobate transfer controls, the parent may need a full Washington County administration or, if more than one year has passed with no Missouri administration and no will presented, a determination of heirship (RSMo 473.663). | Sunset helps organize the real estate, debts and account search, then connects the family with a vetted Missouri probate attorney when a sale requires court authority. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Washington County Circuit Clerk | Local filing counter for probate papers, current hours, court-cost totals and hearing logistics. | 102 North Missouri Street, Potosi, MO 63664, (573) 438-4171, https://www.washingtoncountymo.us/circuit-clerk/ |
| Case.net | Missouri statewide public case lookup for Washington County probate dockets. | https://www.courts.mo.gov/casenet/ |
| Missouri Judiciary probate forms | Statewide probate forms for Missouri probate filings. | Missouri Judiciary probate forms page |
| Missouri Revisor of Statutes | Official text of Missouri probate statutes, including RSMo chapters 472, 473 and 474. | https://revisor.mo.gov/ |
| The Missouri Bar probate guide | General consumer guide to Missouri probate law from The Missouri Bar. | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
| Legal Services of Eastern Missouri, Union office | Free civil legal aid intake for eligible low-income residents of Franklin, Montgomery, Warren and Washington counties. It is not described here as probate-specific representation. | 20 South Church Street, Suite C, Union, MO 63084, 866-583-7877 or 636-583-7877, https://lsem.org/union-office/ |
| Washington County Recorder of Deeds | Records probate documents that affect Washington County real estate after the probate division issues the required document. | 102 North Missouri Street, Potosi, MO 63664, (573) 438-6111, option 3-2, https://www.washingtoncountymo.us/recorder-of-deeds/ |
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 inventories and settlements (RSMo 473.153.7). Counsel is especially important when Washington County real estate must be sold, heirs disagree, creditor claims are expected, a will contest is possible, or the estate needs full administration rather than a small estate affidavit or refusal of letters. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions for accounts, policies and balances that families often miss during estate settlement. A clearer asset list helps you choose the right Washington County probate path before you file.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet, including the asset list, family details and documents a Missouri attorney or the Washington County probate division may need.
Find a local probate attorney. When full administration, real estate, a court appearance or a dispute makes counsel the practical next step, Sunset connects families with a vetted Missouri probate attorney who can appear in court for the personal representative.
Sunset is free for families. Families can use Sunset to organize estate settlement, discover assets and get matched with attorney help at no cost to them.
Frequently asked questions
Where do I file probate in Washington County, Missouri?
File with the Probate Division of the Circuit Court of Washington County through the Circuit Clerk's office at 102 North Missouri Street, Potosi, MO 63664. Missouri venue is usually the county where the decedent was domiciled at death (RSMo 473.010).
Is Washington County the same court as the other counties in the 24th Judicial Circuit?
No. Washington County shares the 24th Judicial Circuit with Madison, St. Francois and Ste. Genevieve counties, but Washington County estate filings are handled at the Washington County courthouse office in Potosi.
Can I e-file a Washington County probate case myself?
Self-represented filers are never required to e-file in Missouri. They may use the Missouri eFiling System only for filing types the statewide system opens to them. Ask the Washington County Circuit Clerk whether your probate filing can be submitted electronically, by mail, or in person. Attorneys use the Missouri eFiling System.
Do I need to bring the original will to the probate division?
Yes. If there is a will, bring or deliver the physical original will to the probate division. The Recorder of Deeds is not the office that receives the original will for probate.
How do I look up a Washington County probate case?
Use Case.net, Missouri's statewide public case search. Case.net can show Washington County probate docket information, but it should not be treated as a promise that every underlying document can be viewed online.
Does Washington County have local probate forms?
Washington County does not publish a local probate packet or local cover sheet. Use Missouri's statewide probate forms and ask the Circuit Clerk whether any local instruction applies to your filing.
What does it cost to start probate in Washington County?
Washington County does not publish a local probate cost schedule. State components are set by Court Operating Rule 21.01, effective September 1, 2023, including an added charge when the final inventory value exceeds $50,000 and a cap of $565.00 under that rule. Ask the Washington County Circuit Clerk for the current local total before you file.
Can I use a small estate affidavit in Washington County?
Possibly. Missouri's small estate affidavit is for a net estate not exceeding $40,000 (RSMo 473.097, effective August 28, 2002), after the statutory waiting period and subject to the statute's bond and court requirements. If Washington County real estate is involved, the clerk's certificate may also need to be recorded with the Washington County Recorder of Deeds.
Do I have to travel to Potosi for a probate hearing?
If the court sets a hearing, follow the notice of hearing. Washington County does not publish a standing probate remote-appearance rule on the local page, so call the Circuit Clerk before the hearing date if travel is difficult.
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.