The Missouri probate process is the court-supervised procedure for settling a deceased person’s estate: a circuit court appoints someone to manage the assets, creditors are paid in a fixed order, the surviving spouse and minor children receive protected shares, and whatever remains is distributed under the will or, if there is no will, under Missouri’s intestacy statutes. Most estates spend several months to over a year in probate. Estates worth $40,000 or less can often skip the formal process using a small estate affidavit.
Which Court Handles the Case
Probate is filed in the probate division of the circuit court in the county where the deceased person lived. If the person did not live in Missouri but left property here, the case can be opened in any county where property is located. When most of a nonresident’s Missouri property is real estate, the case belongs in the county where that real estate sits.1Missouri Revisor of Statutes. Missouri Revised Statutes 473.010 – Venue Filing in more than one county pauses every case except the first-filed one until venue is sorted out.
The $40,000 Shortcut
Not every estate needs to go through full probate. If the total value of the estate, after subtracting liens and debts, is $40,000 or less, Missouri allows a simplified process using a small estate affidavit.2Missouri Revisor of Statutes. Missouri Revised Statutes 473.097 – Small Estate, Distribution of Assets Without Letters Any person entitled to receive property from the estate can file the affidavit, but only after 30 days have passed since the death and no one has applied for letters testamentary or administration.
The affidavit bypasses the need for a personal representative, published notice, and formal court supervision. Banks, title companies, and other institutions holding the deceased person’s property can rely on the affidavit to release assets to the rightful recipients. It saves significant time and legal fees, but only works when the estate is small enough to qualify and no contested issues exist.
Opening a Formal Probate Case
Formal probate starts when someone files a petition in the appropriate circuit court. The petition identifies the deceased, estimates the estate’s value, and states whether a will exists. If a will is presented, the court reviews it for authenticity before admitting it to probate. Without a will, the estate proceeds under Missouri’s intestacy statutes.
The court then issues letters testamentary (when there is a will) or letters of administration (when there is not). These letters give the personal representative legal authority to act. The clerk publishes a notice of the appointment in a local newspaper once a week for four consecutive weeks, which also warns creditors to file their claims.3Missouri Revisor of Statutes. Missouri Revised Statutes 473.033 – Notice of Letters, Duty of Clerk, Publication, Form Known creditors with identifiable addresses must also receive direct notice by mail.
Who Can Serve as Personal Representative
Missouri law favors whoever the deceased named in their will as executor. If no valid will exists, or the named executor declines or is disqualified, the court appoints an administrator following a priority list: surviving spouse first, then other heirs, then creditors, then other qualified individuals.4Missouri Revisor of Statutes. Missouri Revised Statutes 473.110 – Persons Entitled to Letters To qualify, a personal representative must be at least 18 years old and mentally competent. A felony conviction does not automatically disqualify someone; the court weighs whether the conviction relates to the person’s ability to handle estate duties.5Missouri Revisor of Statutes. Missouri Revised Statutes 473.117 – Persons and Corporations Disqualified as Personal Representative Before taking office, the representative takes an oath and may need to post a bond, unless the will waives that requirement or the court finds it unnecessary.
Independent or Supervised Administration
Missouri has two tracks. Supervised administration is the default, with the court approving major transactions such as property sales and reviewing accountings along the way. Independent administration gives the personal representative considerably more freedom to act without seeking court approval for each step. Independent administration is available when the will authorizes it or when all interested persons consent.
The tradeoff is less built-in oversight, but the safety valve is real. Any interested person whose stake in the estate is more than nominal can petition the court to revoke independent administration and switch to supervised proceedings. If the court finds the independent personal representative’s actions caused losses, it can both order supervised administration and remove the representative.6Missouri Revisor of Statutes. Missouri Revised Statutes 473.833 – Revocation of Independent Administration, Petition, Hearing, and Court Orders
What the Personal Representative Has to Do
Once appointed, the personal representative takes control of estate assets: securing bank accounts, real estate, vehicles, and personal property. Practical duties include paying property taxes, keeping insurance in force, and handling repairs necessary to preserve asset value.
An inventory of all estate assets is due within 30 days of receiving letters, listing every piece of real and personal property at fair market value along with any liens or encumbrances. Extensions are available but must include a reason and a proposed new deadline. Periodic accountings documenting income, expenses, and distributions follow throughout the administration. Missing these deadlines can lead the court to intervene or replace the representative.
Tax obligations sit squarely on the personal representative. They must file the deceased person’s final federal and state income tax returns and, for larger estates, a federal estate tax return. Missouri itself does not impose a separate state estate tax; the state’s tax was tied to a federal credit that was phased out starting in 2002 and eliminated for deaths after January 1, 2005.7Missouri Department of Revenue. Estate Tax – Missouri Estate Tax Filings No Longer Required If Congress ever reinstates that federal credit, the Missouri estate tax comes back with it. Late tax filings generate penalties that shrink the estate, so this is an area to act on early.
Compensation and Attorney Fees
Missouri sets minimum compensation for the personal representative based on a sliding percentage of the personal property administered plus proceeds from any court-ordered real estate sales:8Missouri Revisor of Statutes. Missouri Revised Statutes 473.153 – Compensation of Personal Representatives, Accountants and Attorneys
- First $5,000: 5 percent
- Next $20,000: 4 percent
- Next $75,000: 3 percent
- Next $300,000: 2.75 percent
- Next $600,000: 2.5 percent
- Over $1,000,000: 2 percent
These are minimums, not caps. The court can award additional compensation when the work warrants it, and a will can set a different fee arrangement. Attorneys performing legal work for the estate follow the same schedule, and the court can approve higher fees when complexity justifies them. On a $400,000 estate, the statutory minimum for each of the personal representative and the attorney would be roughly $10,250 apiece. Those costs come out of the estate before beneficiaries receive their shares.
Creditor Claims and the Order of Payment
Creditors generally have six months from the date the clerk first publishes the notice of letters to file their claims with the probate court. Known creditors who receive direct notice by mail get a slightly different deadline: two months from the date that notice was mailed or served, or the six-month publication deadline, whichever falls later. Neither period can extend past one year from the date of death, which serves as an absolute outer limit.9Missouri Revisor of Statutes. Missouri Revised Statutes 473.360 – Limitations on Filing of Claims, When Claims Barred Claims filed after the applicable deadline are permanently barred.
The personal representative reviews each filed claim and either approves or rejects it. Rejected claims can be taken to the probate court for a determination of validity. Approved claims are paid in a strict order of priority:10Missouri Revisor of Statutes. Missouri Revised Statutes 473.397 – Classification of Claims
- Class 1–3: Court costs, administration expenses, and exempt property and family allowances
- Class 4: Funeral expenses
- Class 5: Debts and taxes owed to the United States
- Class 6: Medicaid reimbursement owed to Missouri
- Class 7: Last illness expenses, wages owed to household employees, and the cost of a tombstone
- Class 8: Debts and taxes owed to Missouri or its political subdivisions
- Class 9: Judgments rendered against the deceased during their lifetime
- Class 10: All other claims
No claim in a lower class gets paid until every higher class is fully satisfied, or the representative can demonstrate enough assets exist to cover all higher classes. When the estate lacks funds to pay every claim within the same class, payments are made proportionally.11Missouri Revisor of Statutes. Missouri Revised Statutes 473.430 – Payments of Claims and Statutory Allowances in Order of Classification
Medicaid Estate Recovery
Families are often caught off guard by Medicaid claims. If the deceased received medical assistance through MO HealthNet, the total amount the state paid on their behalf after January 1, 1978, becomes a debt of the estate. These claims fall into Class 6 or Class 8 of the priority schedule, so they get paid ahead of most ordinary creditors.12Missouri Revisor of Statutes. Missouri Revised Statutes 473.398 – Recovery of Public Assistance Funds From Recipients Estate Before the court will close any estate where the deceased was enrolled in MO HealthNet at death, the personal representative must file a release from the MO HealthNet Division showing the debt has been paid or waived. Skipping this step leaves the estate open indefinitely.
What a Surviving Spouse and Minor Children Get
Missouri law provides three layers of protection for a surviving spouse and minor children that take effect regardless of what a will says. These amounts come off the top before most creditors and other beneficiaries see a dollar.
Exempt Property
The surviving spouse (or if there is no surviving spouse, the unmarried minor children) is entitled to keep certain household items free and clear of all estate claims: the family bible and other books, one passenger vehicle, all clothing, and all household furniture, appliances, and kitchen items.13Missouri Revisor of Statutes. Missouri Revised Statutes 474.250 – Exempt Property There is no dollar cap. A spouse keeps the family car whether it is worth $3,000 or $30,000.
Family Allowance
The surviving spouse and any minor or dependent children the deceased was supporting are entitled to a reasonable cash allowance from the estate for up to one year during administration. The court sets the amount based on the family’s previous standard of living, the estate’s condition, and the applicant’s other income and expenses. There is no fixed dollar ceiling in the statute.14Missouri Revisor of Statutes. Missouri Revised Statutes 474.260 – One Year Support Allowance It can be paid in a lump sum or installments and is exempt from creditor claims.
Homestead Allowance
On top of exempt property and the family allowance, the surviving spouse or unmarried minor children can receive a homestead allowance of up to 50 percent of the estate’s value (after subtracting exempt property and the family allowance), capped at $15,000. This allowance is also exempt from creditor claims and replaces all traditional dower and homestead rights.15Missouri Revisor of Statutes. Missouri Revised Statutes 474.290 – Homestead Allowance
Elective Share
A surviving spouse who is unhappy with what a will provides can elect to take against it. The elective share equals one-third of the estate (after claims) if the deceased had living descendants, or one-half if there were no descendants. This is in addition to exempt property and the family allowance.16Missouri Revisor of Statutes. Missouri Revised Statutes 474.160 – Election by Surviving Spouse to Take Against Will, Effect Electing against the will means the spouse forfeits anything the will would have given them, so the choice requires careful calculation.
Who Inherits What
After creditor claims are resolved and family protections are satisfied, remaining assets go to the people entitled to them. When a valid will exists, its terms control. Ambiguous language is interpreted by the court. Without a will, Missouri’s intestacy rules apply.
The intestate share depends on whether the deceased left a surviving spouse and children, and whether those children are also children of the surviving spouse:17Missouri Revisor of Statutes. Missouri Revised Statutes 474.010 – General Rules of Descent
- Spouse, and all children are also the spouse’s children: the spouse receives the first $20,000 plus half the remaining estate; the children split the rest equally.
- Spouse, but one or more children are not the spouse’s children: the spouse receives half the estate; the children split the other half equally.
- Spouse, no children: the spouse inherits the entire estate.
- No spouse: children inherit equally. If a child died before the parent, that child’s own descendants take their share.
If no spouse, children, or other qualifying relatives can be found, the estate eventually goes to the state.
Assets That Skip Probate
Some assets pass directly to a named beneficiary or surviving co-owner and never enter the probate estate. Those assets are generally not available to pay the deceased person’s creditors and do not pass under the will. Missouri recognizes several common non-probate transfer methods:
- Payable-on-death bank accounts, which let the beneficiary claim the money directly from the bank after the owner’s death.
- Transfer-on-death securities, including brokerage accounts and individual stocks or bonds registered in TOD form.
- Transfer-on-death (beneficiary) deeds for real estate, which transfer property at death while letting the owner retain full control and the right to revoke during their lifetime.
- Transfer-on-death vehicle registration through the Missouri Department of Revenue.
- Joint tenancy with right of survivorship, and tenancy by the entirety for married couples, which pass property automatically to the surviving owners.
- Revocable living trusts, which distribute assets according to the trust terms.
Beneficiary designations on life insurance policies and retirement accounts such as IRAs and 401(k)s also bypass probate. These designations override whatever a will says, so keeping them updated after marriage, divorce, or the birth of a child matters.
Contesting a Will or a Personal Representative
Anyone with an interest in the estate can challenge a will’s validity by filing a petition with the circuit court within six months of the will’s admission to probate, or within six months of the first publication of the notice of letters, whichever is later.18Missouri Revisor of Statutes. Missouri Revised Statutes 473.083 – Will Binding When, Contest of Will Common grounds include undue influence by a caretaker or family member, fraud, and lack of mental capacity when the will was signed. Either side can demand a jury. Missing the six-month window permanently bars the contest, making the probated will binding. This deadline is one of the most unforgiving in Missouri probate law.
Beneficiaries who believe a personal representative is mismanaging the estate can petition the court for removal. Self-dealing, commingling estate funds with personal accounts, failing to file required accountings, or neglecting estate business can all qualify. If proven, the court replaces the representative and may enter a judgment for any losses the estate suffered.
Closing the Estate
Before any distribution, the personal representative submits a final accounting to the court detailing every financial transaction during administration. Beneficiaries can object if they believe something was mishandled. Once distributions are complete and the court approves the accounting, the personal representative files for discharge, and the estate is officially closed. For minor or incapacitated beneficiaries, assets may be placed in a trust or conservatorship rather than distributed outright.