Benton County, Missouri Probate
Cost Calculator

Estate administration in Benton County, Missouri proceeds through the Benton County Circuit Court, Probate Division in Warsaw. Understanding the local court's requirements — from petition formatting to hearing schedules — helps the process move efficiently.

The Benton County Circuit Court, Probate Division in Warsaw handles probate alongside other civil matters, and the lighter docket often means more scheduling flexibility. Confirm local filing norms with the clerk's office.

The typical timeline runs 6-12 months, though straightforward estates may resolve faster.

Missouri's six-tier statutory fee schedule (RSMo § 473.153) ranges from 5% on the first $5,000 to 2% above $1M, applying to both executors and attorneys. Independent vs. supervised administration affects cost and timeline.

Full details: Missouri Probate Calculator.

The Benton County Circuit Court, Probate Division is located at 316 Van Buren St, Warsaw MO 65355. The court clerk can be reached at (660) 438-5012.

Visit the court's website for current forms, fee schedules, and filing instructions.

Office hours: Mon–Fri 8:00 AM–5:00 PM.

• Missouri's six-tier statutory schedule (RSMo § 473.153) applies to both executor and attorney fees — 5% on the first $5,000 down to 2% above $1M.
• Local court filing fees at the Benton County Circuit Court, Probate Division in Warsaw are separate from the statutory compensation schedule.
• Contact the court for the current fee schedule.

• Estate administration in Benton County proceeds through the Benton County Circuit Court, Probate Division in Warsaw.
• Missouri's Probate Division handles the appointment of personal representatives, approval of inventories, and oversight of the administration process.
• The process begins with filing a petition for probate (testate) or letters of administration (intestate), followed by a hearing and the appointment of the personal representative.

• Missouri distinguishes between supervised and independent administration.
• Under supervised administration — the default unless the will provides otherwise — the personal representative must seek court approval for most significant transactions, including real property sales and distributions.
• Independent administration, when authorized, reduces court involvement and accelerates the timeline.
• In Benton County, the typical probate process runs 6-12 months, though scheduling flexibility in smaller jurisdictions can sometimes expedite straightforward matters.

Missouri allows estates valued below $40,000 to use a small estate affidavit to transfer assets without formal probate. In Benton County — the 56th most populated of Missouri's 115 jurisdictions — the affidavit is presented directly to the institutions holding the decedent's assets rather than filed with the Benton County Circuit Court, Probate Division.

The affidavit can be executed no earlier than 30 days after the decedent's death and is available for both testate and intestate estates.

In a jurisdiction like Benton County, ranked in the middle tier of Missouri's counties by population, the small estate affidavit handles a meaningful share of estate transfers. It's also worth considering Missouri's refusal-to-probate procedure, which provides an additional simplified option for estates where no interested party wishes to open a formal case.

• Getting an accurate cost estimate before you start probate in Benton County helps you budget for Missouri's statutory percentage schedule plus local filing fees at the Benton County Circuit Court, Probate Division.
• The clerk's office in Warsaw can answer procedural questions about required forms and hearing schedules.

• This free probate calculator applies Missouri's specific rules automatically — enter the estate's approximate value to get an instant breakdown of expected fees.
• No account required.