Understanding Probate in Missouri

When someone dies, their assets do not automatically transfer to their heirs. In Missouri, most estates must go through probate — a court-supervised process that validates the will (if one exists), identifies and pays debts, and distributes remaining assets to the rightful beneficiaries.

Probate has a reputation for being slow, expensive, and frustrating. Some of that reputation is deserved. But understanding how the process works — and what you can do to make it more efficient — removes much of the anxiety.

What Probate Does

Probate serves four essential functions:

Validates the will. The court examines the will to confirm it meets Missouri's legal requirements: written, signed by the testator, witnessed by two competent individuals. If the will is contested — if someone challenges its validity — the court resolves that dispute.

Appoints a personal representative. The court appoints someone to manage the estate. If the will names a personal representative (sometimes called an executor), the court typically appoints that person. If there is no will, the court appoints an administrator according to a statutory priority list — usually the surviving spouse or an adult child.

Settles debts. The personal representative identifies the deceased person's debts and pays them from estate assets. Creditors are given notice and a specific period to file claims. Debts that are not claimed within the statutory period are generally barred.

Distributes assets. After debts are paid and the creditor claim period expires, the remaining assets are distributed according to the will — or, if there is no will, according to Missouri's intestate succession statutes.

The Missouri Probate Timeline

Probate in Missouri typically takes six months to a year, though complex estates can take longer. Here is the general sequence:

Opening the Estate (Weeks 1-4)

The process begins when someone — usually a family member or the person named as personal representative in the will — files a petition with the probate division of the circuit court in the county where the deceased person lived.

The court reviews the will, confirms its validity, and issues letters testamentary (if there is a will) or letters of administration (if there is no will). These letters give the personal representative legal authority to act on behalf of the estate.

Inventory and Notification (Months 1-3)

The personal representative must inventory all estate assets and file the inventory with the court. This includes real estate, bank accounts, investment accounts, vehicles, personal property, and any other assets owned by the deceased.

The personal representative must also notify known creditors of the death and publish a notice in a local newspaper to alert unknown creditors. Creditors generally have six months from the first publication to file claims against the estate.

Managing the Estate (Months 3-9)

During the administration period, the personal representative manages estate assets: maintaining property, paying ongoing bills, collecting debts owed to the estate, and preserving value. They may need to sell assets to pay debts or to facilitate distribution.

The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This includes investing estate funds prudently, keeping accurate records, and avoiding conflicts of interest.

Settling Debts (Months 6-9)

After the creditor claim period expires, the personal representative reviews all filed claims, pays valid debts, and disputes any claims that appear improper. Missouri law establishes a priority order for debt payment: funeral expenses, administration costs, taxes, and then other debts.

If the estate does not have sufficient assets to pay all debts, the personal representative follows the statutory priority order. Some beneficiaries may receive less than expected — or nothing at all — if debts consume the estate.

Final Distribution and Closing (Months 9-12)

Once debts are settled, the personal representative prepares a final accounting showing all income received, expenses paid, and the proposed distribution to beneficiaries. The court reviews the accounting, and if no objections are filed, approves the distribution.

The personal representative distributes the remaining assets according to the will or intestate succession law, files a final settlement with the court, and the estate is closed.

Types of Probate in Missouri

Missouri offers several probate tracks depending on the size and complexity of the estate:

Full Administration

The standard probate process described above. Required for estates with significant assets, contested issues, or complex creditor claims.

Independent Administration

If the will authorizes independent administration — or if all beneficiaries consent — the personal representative can manage the estate with minimal court supervision. This streamlines the process, reduces court appearances, and often saves time and money.

The personal representative can sell property, pay debts, and distribute assets without prior court approval for each transaction. They still must file an inventory and final accounting, but the reduced oversight accelerates the timeline.

Small Estate Affidavit

For estates valued at $40,000 or less (excluding real estate), Missouri allows a simplified process. After waiting 30 days from the date of death, a qualified heir can file a small estate affidavit to collect the deceased person's assets without opening a formal probate case.

This procedure is particularly useful for modest estates consisting primarily of bank accounts, vehicles, and personal property.

Refusal of Letters

If the estate consists entirely of non-probate assets — life insurance, retirement accounts with beneficiary designations, jointly owned property — there may be nothing to probate. In this case, the court may refuse to issue letters, and no probate administration is needed.

Assets That Avoid Probate

Not everything a person owns goes through probate. The following assets pass directly to the designated beneficiary or co-owner without court involvement:

• Life insurance with a named beneficiary
• Retirement accounts (401(k), IRA) with a named beneficiary
• Payable-on-death bank accounts
• Transfer-on-death securities
• Property held in a living trust
• Jointly owned property with right of survivorship
• Transfer-on-death deeds for real estate (permitted under Missouri law)

Strategic use of these tools can significantly reduce the size of the probate estate — or eliminate the need for probate entirely.

Common Probate Complications

Will contests. A beneficiary or potential heir may challenge the will's validity — arguing the testator lacked mental capacity, was under undue influence, or that the will was not properly executed. Will contests can add months or years to the probate process.

Creditor disputes. Disagreements about whether a debt is valid, how much is owed, or whether the estate has sufficient assets to pay all claims create complications that require court intervention.

Missing heirs. If beneficiaries cannot be located, the personal representative must make reasonable efforts to find them. Unclaimed shares may be held by the court or eventually escheated to the state.

Tax issues. Estates that owe federal estate tax, Missouri income tax on estate earnings, or have complex capital gains issues require professional tax preparation and may delay distribution.

Family disputes. Personal property distribution — who gets the family photographs, the wedding china, the father's tools — generates more family conflict than any other aspect of probate. Clear instructions in the will minimize these disputes.

The Personal Representative's Responsibilities

Serving as personal representative is a significant commitment. Key responsibilities include:

• Filing the will and petition with the court
• Notifying beneficiaries, creditors, and relevant agencies
• Securing and inventorying all estate assets
• Managing and preserving estate property
• Filing tax returns (final personal return and estate return)
• Paying valid debts and expenses
• Distributing assets to beneficiaries
• Filing accountings with the court

The personal representative is personally liable for mismanagement of estate assets. Professional guidance — from an attorney and potentially an accountant — protects both the personal representative and the beneficiaries.

FAQ

How much does probate cost in Missouri?

Probate costs include court filing fees ($50-$200), publication costs for creditor notice ($100-$300), attorney fees, and personal representative compensation. Attorney fees are typically based on the complexity of the estate rather than a percentage of its value. For a straightforward estate, total costs might range from $2,000 to $5,000.

Can I serve as personal representative if I live out of state?

Missouri allows non-resident personal representatives, but they may be required to appoint a resident agent for service of process. Non-resident personal representatives face practical challenges — managing property, attending court hearings, and handling administrative tasks from a distance.

What if there is no will?

If there is no will, the estate is administered under Missouri's intestate succession laws. The court appoints an administrator (rather than an executor), and assets are distributed according to the statutory formula rather than the deceased person's wishes.

Can probate be avoided entirely?

Yes, through proper estate planning. A combination of a revocable living trust, beneficiary designations, transfer-on-death deeds, and joint ownership can structure assets so that nothing passes through probate. This requires planning during the person's lifetime.

How long does the personal representative have to distribute assets?

Missouri does not impose a specific deadline for closing an estate, but the court expects reasonable progress. Most estates should be closed within one year. The creditor claim period (six months from first publication) sets the minimum timeline before final distribution.

Navigating probate does not have to be overwhelming. Call OTT Law at (314) 794-6900 for guidance.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact OTT Law at (314) 794-6900 for a free consultation specific to your situation.