How Probate Works in Missouri
The probate process in Missouri: the court, the steps, simplified options, creditor deadlines and who can serve as executor.
Short answer: An application for letters is filed in the probate division. Once letters issue, the clerk publishes notice of letters once a week for four consecutive weeks and mails a copy to each known heir and devisee. RSMo §§ 473.033, 473.233
| Probate steps | An application for letters is filed in the probate division. Once letters issue, the clerk publishes notice of letters once a week for four consecutive weeks and mails a copy to each known heir and devisee. The personal representative files an inventory and appraisement within 30 days after letters are granted (unless the court allows more time), pays allowed claims, and files settlements leading to final distribution and discharge. Source: RSMo §§ 473.033, 473.233 |
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| Simplified probate | Refusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived. Source: RSMo § 473.090 |
| Deadline for creditor claims | Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened. Source: RSMo §§ 473.360, 473.444 |
| Who can be executor | A person under 18, of unsound mind, under legal disability from a criminal conviction, or a habitual drunkard may not serve; full-time judges and court clerks may serve only for close relatives. A nonresident may serve but must first file a designation of a Missouri resident agent. A bond is generally required, but the will may express a wish that no bond be required and the court may waive bond for good cause. Source: RSMo §§ 473.117, 473.160 |
| Small estate affidavit | If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks. Source: RSMo § 473.097 |
| Finding probate court records | Probate matters, including granting letters testamentary and of administration, settling personal representatives' accounts, construing wills during administration and determining heirship, are heard by the probate division of the circuit court (RSMo 472.020). Source: RSMo 472.020 |
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FAQ
How does probate work in Missouri?
An application for letters is filed in the probate division. Once letters issue, the clerk publishes notice of letters once a week for four consecutive weeks and mails a copy to each known heir and devisee. The personal representative files an inventory and appraisement within 30 days after letters are granted (unless the court allows more time), pays allowed claims, and files settlements leading to final distribution and discharge.
Is there a simplified probate process in Missouri?
Refusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived.
How long do creditors have to file claims against an estate in Missouri?
Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened.
Who can be an executor in Missouri?
A person under 18, of unsound mind, under legal disability from a criminal conviction, or a habitual drunkard may not serve; full-time judges and court clerks may serve only for close relatives. A nonresident may serve but must first file a designation of a Missouri resident agent. A bond is generally required, but the will may express a wish that no bond be required and the court may waive bond for good cause.
What is the small estate limit in Missouri?
If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks.
How do I search probate court records in Missouri?
Probate matters, including granting letters testamentary and of administration, settling personal representatives' accounts, construing wills during administration and determining heirship, are heard by the probate division of the circuit court (RSMo 472.020).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.