Hiring a Wills, Trusts or Probate Lawyer in Missouri
What Missouri requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Missouri: fee rules
| If you disagree with a lawyer's bill | The Office of Chief Disciplinary Counsel refers fee complaints to the Fee Dispute Resolution Committees operated by The Missouri Bar. |
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| If a lawyer takes your money | The Missouri Bar's Client Security Fund, created in 1966 and maintained by Bar members' annual fees, can compensate clients harmed by a lawyer who has been disbarred, suspended, ruled mentally incapacitated, or has died. Fee disputes and malpractice are not covered. File within two years of discovering the loss using the Client Security Fund Claim Form on MissouriLawyersHelp.org (or request a printed copy from the fund coordinator). A committee recommends full or partial payment or denial, the Board of Governors has final discretion, and the committee aims to decide claims within a year. |
Missouri rules to know first
| Requirements for a valid will | Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. The will must be in writing, signed by the testator (or by someone at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence. Source: RSMo §§ 474.310, 474.320 |
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| 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 |
| How probate works | 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 |
Find and check a lawyer
| Lawyer referral service | The Missouri Bar offers LawyerSearch, a directory of lawyers who have chosen to be listed, searchable by area of practice or Missouri county, with optional language-assistance filters; it is not described as a referral service, and "Inclusion on this list does not constitute an endorsement by The Missouri Bar of particular attorneys." In the St. Louis area, the Bar Association of Metropolitan St. Louis sponsors a Lawyer Referral and Information Service (bamsl.org). Missouri Bar phone: (573) 635-4128. BAMSL LRIS described at https://www.moept.uscourts.gov/lawyer-referral-and-information-service |
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| Check discipline history or file a complaint | Complaints about Missouri lawyers go to the Office of Chief Disciplinary Counsel (OCDC) in writing, using the online form, a printed or fillable PDF form, or a letter, one complaint per attorney (OCDC cannot investigate law firms). Mail: OCDC, 3327 American Ave, Jefferson City, MO 65109; phone 573-635-7400. Include the lawyer's name and address, the legal matter, any court and case caption, a detailed statement of facts, and documents such as fee agreements and proof of payment. There is no cost. Staff Counsel reviews complaints in order and tries to respond in writing within about four weeks; if a file is opened, the lawyer is usually notified and may respond, and you may reply. OCDC cannot give legal advice or recover money for you. A list of public discipline imposed since January 1, 2006 is posted by the Missouri courts. Public discipline list: https://www.courts.mo.gov/page.jsp?id=109856 ; disciplinary certificates: https://mochiefcounsel.org/obtaining-disciplinary-certificates/ |
Free legal help
| Free legal aid | Missouri's LSC-funded legal aid organizations give free civil legal help to eligible low-income people by region: Legal Aid of Western Missouri, Legal Services of Eastern Missouri, Legal Services of Southern Missouri and Mid-Missouri Legal Services Corporation. |
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All legal help in Missouri · Do I need a lawyer?
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.