The Missouri probate process runs through the probate division of the circuit court in the county where the deceased person lived, and it usually takes six to twelve months from start to finish. During that time, the court validates the will (if there is one), appoints someone to manage the estate, gives creditors a chance to file claims, and oversees payment of debts, taxes, and final distribution to the people entitled to inherit. Not every asset has to go through probate, and estates worth $40,000 or less can use a simplified track. Complicated or contested estates can stretch well past a year.
Which Assets Go Through Probate
Probate only reaches property the deceased owned individually without a beneficiary or survivorship arrangement. Solely owned real estate, personal bank accounts with no payable-on-death designation, furniture, vehicles without a transfer-on-death title, and collectibles typically fall into the estate.
Several kinds of property pass outside probate no matter what a will says:
- Real estate or accounts held in joint tenancy with right of survivorship, or in tenancy by the entirety between spouses, pass to the surviving co-owner automatically.
- Missouri beneficiary deeds transfer real estate to a named beneficiary at death; the owner keeps control during life and can revoke the deed at any time.
- Transfer-on-death registrations on vehicles, boats, and certain personal property move the titled item straight to the named beneficiary.
- Payable-on-death bank and brokerage accounts go directly to the designated person.
- Life insurance proceeds and retirement accounts pass to the listed beneficiary, not through the estate.
- Assets titled in a revocable living trust pass under the trust’s terms.
If the deceased owned only non-probate assets, the family may never need to open a probate case at all. It’s worth taking inventory of how each significant asset is titled before assuming probate is required.
Which Probate Track Applies
Missouri offers three tracks, and the right one depends on the estate’s size and how much oversight the situation needs.
Small Estate Affidavit
If the total estate, after subtracting liens and debts, is worth $40,000 or less, heirs can use a simplified affidavit under Section 473.097 instead of formal probate. At least 30 days must have passed since the death, and no one can already have applied for or received letters testamentary or letters of administration. The person filing must post a bond guaranteeing that the decedent’s debts will be paid. Once approved, the court issues an order allowing distribution without the full probate process.1Missouri Revisor of Statutes. Missouri Revised Statutes 473.097 – Small Estate
Independent Administration
Independent administration is the standard track for estates that don’t qualify as small. Under Sections 473.780 through 473.787, the personal representative manages the estate with minimal court supervision, selling property, paying debts, and handling routine administration without a judge’s approval for each step.2Justia. 2025 Missouri Revised Statutes Chapter 473 – Probate Code, Administration of Decedents’ Estates – Section: Independent Administration It is available when the will authorizes it or when all interested parties consent.
The representative still has to file an inventory, notify creditors, and provide a full accounting before closing. To wrap up, the representative files a statement of account showing all receipts and disbursements. That can’t happen until at least six months and ten days after the first published notice of appointment, because the creditor window must close first.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.840
Supervised Administration
Supervised administration means hands-on court oversight. Under Section 473.833, the court can impose it on its own or in response to a petition from an interested party, and it is most common when beneficiaries are fighting, the estate holds complicated assets, or someone has raised concerns about the representative’s management.4Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.833
Under this track, the representative must get court approval before selling real estate, distributing assets, or taking other significant actions. Every disbursement needs a court order, with narrow exceptions for routine administration expenses, taxes, and allowed claims, and original vouchers must accompany each settlement. Supervision adds cost and time but prevents unilateral action when trust has broken down.
Opening a Probate Case
Probate begins when someone files a petition in the probate division of the circuit court in the county where the deceased person lived. If there is a will, the petition asks the court to admit it and appoint the executor named in it. If there is no will, the petition asks the court to appoint an administrator. Filing fees vary by county; one Missouri county charges roughly $170 to open a testate estate and about $135 for an intestate estate.
Once satisfied, the court issues letters testamentary (with a will) or letters of administration (without one). These letters are the personal representative’s proof of authority. Banks, title companies, and government agencies will demand certified copies before releasing any information or funds, so ordering several certified copies at the outset saves repeat trips to the courthouse.
Filing the Inventory
Within 30 days after receiving letters, the personal representative must file an inventory and appraisement listing every asset of the deceased that comes into their possession or knowledge. That includes real estate, personal property, financial accounts, any encumbrances or liens, and any other property the decedent owned at death.5Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.233
The court can extend the deadline, but missing it without an extension invites problems. If the estate includes hard-to-value property like a business interest or antiques, engage a qualified appraiser early rather than guessing.
Notifying Creditors
The court clerk publishes notice of the appointment in a local newspaper once a week for four consecutive weeks. That notice tells creditors to file claims or be forever barred. The personal representative may also mail or serve the notice directly on known creditors.6Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.033
Creditors who learn about the estate only through publication have six months from the first publication date to file. Creditors who receive a mailed or served notice get either six months from publication or two months from the date the notice was served, whichever is later. Nothing extends past one year from the date of death.7Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.360
This mandatory waiting period is the single biggest reason probate takes at least six months. The estate can’t close until that window shuts.
The Personal Representative’s Job
Whether called an executor (named in a will) or an administrator (appointed when there is no will), the personal representative carries a fiduciary duty to act in the best interest of the estate and its beneficiaries.
Day-to-Day Duties
Once appointed, the representative takes possession of the decedent’s personal property, other than property exempt to the surviving spouse and minor children, and manages it according to Missouri law.8Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.263 The court can also order the representative to take possession of real estate when necessary to pay claims or preserve the property. Routine responsibilities include maintaining insurance, collecting rents, paying taxes, and keeping buildings in reasonable repair.
Detailed records of every dollar in or out matter. In an independent administration, they feed the closing statement of account.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.840 In supervised administration, each settlement must record the date and description of every receipt and disbursement, with original vouchers attached.
Compensation
Missouri law sets minimum compensation on a tiered percentage of the personal property administered and proceeds from any court-ordered real estate sale:9Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.153
- 5 percent on the first $5,000
- 4 percent on the next $20,000
- 3 percent on the next $75,000
- 2.75 percent on the next $300,000
- 2.5 percent on the next $600,000
- 2 percent on everything over $1,000,000
These are floors. The court can award more if it finds that reasonable compensation exceeds the schedule, and the representative doesn’t have to prove extraordinary service to get above-minimum pay. If the will specifies a different arrangement, that controls unless the representative formally renounces it before qualifying.
Bond and Removal
In supervised administration, the court typically requires the representative to post a fiduciary bond to protect beneficiaries and creditors against mismanagement. Some wills waive the bond, and independent administration often proceeds without one.
A representative who wastes or mismanages the estate, fails to file required documents, becomes mentally incapacitated, or is convicted of a felony can be removed. Any interested person can file a written complaint supported by affidavit, or the court can act on its own. After notice and a hearing, the court can revoke the letters.10Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.140 Delay counts too: Missouri case law has upheld removal and denial of expense credits where an estate that could have closed in two years was dragged out for seven.
Paying Debts, Taxes, and Claims
Before any beneficiary receives anything, the estate’s obligations must be paid. Missouri sets a priority order under Section 473.430. Administration costs and funeral expenses come first, then federal and state tax debts, then various classes of creditor claims in descending priority. If the estate can’t cover everyone in a given class, that class gets a proportional share.11Missouri Revisor of Statutes. Missouri Revised Statutes 473.430 – Payments of Claims and Statutory Allowances in Order of Classification
Paying out of order, or distributing to beneficiaries before debts are settled, can expose the representative to personal liability. This is where most mistakes happen, especially under pressure from a beneficiary who wants funds released quickly. The creditor claim period exists for a reason.
Income and Estate Taxes
Most Missouri estates will not owe federal estate tax. Under the One, Big, Beautiful Bill signed into law on July 4, 2025, the basic exclusion for 2026 is $15,000,000 per individual, and only estates above that threshold need to file IRS Form 706.12Internal Revenue Service. What’s New – Estate and Gift Tax
Income taxes are separate. The estate itself is a taxpayer while it remains open. If the estate earns $600 or more in gross income during a tax year, the representative must obtain an Employer Identification Number from the IRS and file Form 1041. Estate income includes interest, dividends, rental income, and gains from selling estate property.13Internal Revenue Service. 2025 Instructions for Form 1041 The representative also files the decedent’s final individual income tax return for the year of death.
To apply for an EIN, the representative files Form SS-4 (or applies online). The form requires the decedent’s name, Social Security number, and date of death, with the representative listed as responsible party.14Internal Revenue Service. Instructions for Form SS-4
If the estate owes federal taxes, the IRS has a special estate tax lien that automatically attaches to the entire gross estate at death and lasts ten years. It takes priority over most other claims. Property used to pay administration expenses is excluded, and pre-existing liens or security interests keep their state-law priority.15Internal Revenue Service. 5.17.2 Federal Tax Liens
Medicaid Estate Recovery
If the deceased received Medicaid-funded long-term care, nursing facility services, or home and community-based services after age 55, Missouri is required by federal law to seek reimbursement from the estate.16Medicaid.gov. Estate Recovery Under Section 473.398, the total amount paid on the decedent’s behalf becomes a debt of the estate, collected through the normal probate claims process.17Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.398
Protections apply. The state cannot pursue recovery if the decedent is survived by a spouse, a child under 21, or a blind or disabled child of any age. Missouri also will not file a claim if the cost of collection would exceed the recovery or if collection would harm a surviving spouse’s or dependents’ ability to receive reasonable support from the estate. Before an estate of anyone enrolled in MO HealthNet at death can be closed, the representative must file a release from the MO HealthNet division confirming that all recoverable amounts have been addressed.
Distributing What’s Left
Once debts, taxes, and claims are settled, the representative distributes the remaining assets. How that works depends on whether the deceased left a valid will.
When There Is a Will
The representative follows the will’s instructions, honoring specific bequests first and then distributing the residue. The court issues a decree of final distribution under Section 473.617 that names each person entitled to receive property, specifies their share, and describes each tract of real estate. That decree is a conclusive determination of who inherits and operates as a final transfer of the decedent’s interest.18Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.617
When There Is No Will
Missouri’s intestacy statute, Section 474.010, sets the order. A surviving spouse’s share depends on whether the deceased had children and whether those children are also the spouse’s:19Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.010
- No surviving children: the spouse inherits everything.
- Children who are also children of the surviving spouse: the spouse receives the first $20,000 plus half the remaining balance, and the children split the rest equally.
- One or more children who are not children of the surviving spouse: the spouse receives half the estate, and the children split the other half.
With no surviving spouse, the estate passes to the decedent’s children in equal shares, then to parents and siblings, then to grandparents, aunts, and uncles, and on through more remote relatives. Missouri caps inheritance by collateral relatives at the ninth degree of kinship under civil law counting rules.
The Spouse’s Elective Share
A surviving spouse can reject what the will provides and elect against it. Under Section 474.160, the elective share is one-third of the estate (after debts) if the deceased had lineal descendants, or one-half if there were none. This share comes on top of exempt property and the family allowance. The election exists to prevent one spouse from completely disinheriting the other, and it can significantly change the distribution the will laid out.20Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.160
Homestead Allowance and Family Protections
Missouri provides a homestead allowance to the surviving spouse or, if there is no surviving spouse, to unmarried minor children. Under Section 474.290, the allowance can reach 50 percent of the estate’s value (after subtracting exempt property and the family allowance under Section 474.260), capped at $15,000. It is exempt from all claims against the estate, so creditors can’t touch it, and it may consist of cash, personal property, or real property.21Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.290 These family protections, along with exempt property and the family allowance, take priority over other distributions.
Contesting a Will
Challenging a will in Missouri requires standing, grounds, and evidence. Standing means being someone affected by the outcome, typically a named beneficiary, an heir who would inherit under intestacy if the will fell, or a beneficiary under a prior will.
Common grounds are undue influence (someone pressured or manipulated the testator), lack of testamentary capacity (the testator didn’t understand what they were signing), and improper execution (the will wasn’t signed or witnessed correctly). The burden of proof sits on the challenger, and it is a heavy one. Vague feelings that the will isn’t fair won’t get past the first hearing.
The deadline is strict. A contest must be filed within six months after the will is admitted to probate or within six months after the first publication of notice of the appointment of the personal representative, whichever is later. Miss that window and the will becomes binding regardless of any defects.22Missouri Revisor of Statutes. Missouri Revised Statutes 473.083 – Will Binding, When, Contest of Will, When, Procedure
If a contest succeeds, the estate is distributed under a prior valid will (if one exists) or under Missouri’s intestacy rules. If it fails, the original will stands. Either way, expect significant legal fees and months of added delay.
No-Contest Clauses
Some wills include a no-contest clause that threatens to disinherit any beneficiary who challenges the will. Missouri addresses these under Section 474.395, which lets a beneficiary petition the court before filing a challenge to find out whether their proposed action would trigger the clause. Rather than gambling an inheritance, a beneficiary can ask for a ruling first.23Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.395
The statute doesn’t automatically enforce or invalidate these clauses. It directs the court to evaluate enforceability under applicable law and public policy in each specific situation. A clause aimed at blocking scrutiny of an executor’s misconduct, for example, might not hold up. Anyone weighing a challenge where a no-contest clause is present should use the petition process before taking any action that might trigger forfeiture.
What Probate Costs and How Long It Takes
Missouri probate costs add up from several directions. Filing fees vary by county, running from roughly $50 for a small estate affidavit to around $170 for opening a full testate estate. Attorney fees, appraisal costs, and any bond premium are additional. The representative’s commission under the statutory schedule also comes out of the estate before beneficiaries receive anything.
The mandatory six-month creditor claim period sets the floor for how long probate takes. A straightforward estate with cooperative beneficiaries and no unusual assets can often close within six to twelve months. Contested estates, those with tax complications, and estates where the representative must sell real property can take considerably longer. Every additional month means more time managing assets, filing tax returns, and keeping records, all of which the court and beneficiaries expect the representative to handle diligently rather than let drift.