Probate in Missouri: Complete 2026 Guide

Overview

Missouri probate is handled through the Probate Division of the Circuit Court in each county. The state's probate laws are codified in Chapters 472-475 of the Missouri Revised Statutes, which govern wills, estate administration, intestate succession, and the appointment of personal representatives.

Missouri has not adopted the Uniform Probate Code (UPC). The state maintains its own comprehensive probate framework that includes both independent administration (with reduced court oversight) and supervised administration (with full court involvement). Missouri also requires that an attorney represent the personal representative in both types of administration, which is an important distinction from many other states.

Missouri has no state estate tax or inheritance tax. Only the federal estate tax applies, and only to estates exceeding the federal exemption threshold (currently over $13 million for individuals).

The state offers a small estate affidavit procedure for estates valued at $40,000 or less, which provides a streamlined alternative to full probate. For larger estates, the choice between independent and supervised administration depends on the will's provisions, the complexity of the estate, and whether all interested parties agree.

Missouri is not a community property state. It follows the common law (separate property) system. Surviving spouses are protected through intestate succession rules, the elective share, and other statutory allowances.

When Probate is Required

Probate is required in Missouri when the decedent owned assets solely in their name that need to be transferred to heirs or beneficiaries:

• Real property titled only in the decedent's name
• Bank accounts without payable-on-death (POD) designations
• Investment accounts without transfer-on-death (TOD) designations
• Vehicles titled solely in the decedent's name
• Business interests and personal property of significant value

Probate is not required for assets that transfer automatically:

• Jointly owned property with right of survivorship or tenancy by the entirety
• Life insurance and retirement accounts with named beneficiaries
• Property held in a revocable living trust
• POD and TOD designated accounts
• Transfer-on-death deeds for real estate (Missouri recognizes non-probate TOD transfers under RSMo 461.025)

Filing location: Probate is filed in the Probate Division of the Circuit Court in the county where the decedent was domiciled at the time of death. If the decedent was not a Missouri resident but owned real property in the state, ancillary probate may be required.

Filing timeline: An application for probate should be filed within one year of the decedent's death. While there is no strict deadline that bars late filing, prompt filing protects the estate from potential claims and ensures assets are preserved.

Will filing requirement: Under Missouri law, any person having custody of a will must file it with the probate court after learning of the testator's death. Failure to file a will can result in civil liability.

Small Estate Options

Missouri provides a small estate affidavit procedure (RSMo Section 473.097) for qualifying estates, allowing distributees to collect assets without full probate administration.

Eligibility requirements:

• The entire estate, less liens, debts, and encumbrances, must not exceed $40,000
• At least 30 days must have passed since the date of death
• No application for Letters Testamentary or Letters of Administration can be pending or have been granted
• A bond must be filed in an amount not less than the value of the personal property
• Filing fees and publication costs must be paid

How the small estate procedure works:

1. Wait at least 30 days after the date of death
2. File a small estate affidavit with the Probate Division of the Circuit Court in the appropriate county
3. Post a bond (surety bond in an amount equal to or greater than the value of the personal property)
4. Pay the required filing fee and publication costs
5. If the estate value exceeds $15,000, a notice to creditors must be published in a newspaper of general circulation
6. The court authorizes the distributee to collect and distribute the estate's assets

Key distinctions from full probate:

• No formal appointment of a personal representative with letters
• No requirement for a full accounting or inventory
• Significantly faster than full probate (typically 60-90 days)
• Lower overall costs (often under $500 total)

Limitations:

• The $40,000 threshold is calculated after subtracting liens, debts, and encumbrances, but the total value is still relatively low
• A bond is required, which adds cost
• If the estate value exceeds $15,000, publication to creditors is still required
• Real estate can be included in the estate value calculation, but transferring real property through the small estate procedure has practical limitations

Important note: Missouri also allows a refusal of Letters when the surviving spouse is the sole distributee of a small estate and the only property is exempt personal property. This provides an even simpler path in limited circumstances.

Step-by-Step Process

Missouri estates that exceed the small estate threshold follow either independent administration or supervised administration. Here is the step-by-step process:

Step 1: Determine the administration type

• Independent Administration: Available when authorized by the will or when all interested parties consent. Requires less court oversight and is generally faster and less expensive. The personal representative can act on most matters without prior court approval.
• Supervised Administration: The default when independent administration is not available. The court supervises each step, including approving the inventory, claims, distributions, and final settlement.

Step 2: Hire an attorney

Missouri requires that a personal representative be represented by an attorney in both independent and supervised administrations. This is a statutory requirement, not merely a recommendation. Identify and retain a Missouri probate attorney before filing.

Step 3: File the petition and will

File the following with the Probate Division of the Circuit Court in the county where the decedent lived:

• Application for Letters Testamentary (if there is a will) or Application for Letters of Administration (if intestate)
• Original will and any codicils (if applicable)
• Certified death certificate
• Information about heirs and devisees

Step 4: Court issues Letters Testamentary or Letters of Administration

After reviewing the petition, the court appoints the personal representative and issues Letters Testamentary (testate) or Letters of Administration (intestate). These letters authorize the personal representative to act on behalf of the estate.

Step 5: Post bond (if required)

The court may require a surety bond to protect the estate. The will may waive the bond requirement. In independent administration, bond requirements may be reduced.

Step 6: Publish notice to creditors

The personal representative must publish a notice to creditors in a newspaper of general circulation in the county. Known creditors should also receive direct notice. Creditors have 6 months from the date of first publication to file claims.

Step 7: File an inventory and appraisement

Within 30 days of appointment (unless the court extends the deadline), the personal representative must file an inventory and appraisement listing all estate assets and their fair market values. The court may appoint appraisers for certain assets.

Step 8: Manage the estate

• Open an estate bank account
• Collect all assets owed to the estate
• Manage and preserve estate property
• Keep detailed records of every transaction

Step 9: Pay debts and claims

After the 6-month creditor claim period expires, review and pay valid claims in the statutory priority order. Missouri law establishes a clear hierarchy for debt payment when the estate is insolvent.

Step 10: File tax returns

File the decedent's final federal and Missouri income tax returns. If the estate earns income during administration, file estate income tax returns. Missouri has no state estate or inheritance tax.

Step 11: File the settlement and distribute assets

• Independent administration: File a proposed distribution plan with the court. If no objections are filed within 30 days, the personal representative can distribute assets and file a final settlement.
• Supervised administration: File a final settlement with a detailed accounting of all estate transactions. The court reviews and approves the settlement before authorizing distribution.

Step 12: Close the estate

After all distributions are complete, file the necessary closing documents with the court. The personal representative is discharged from further duties and liability (subject to any pending claims).

Timeline & Costs

Timeline

Missouri probate timelines vary by the type of administration:

• Small estate affidavit: Typically 60 to 90 days
• Independent administration: Typically 9 to 12 months
• Supervised administration: Typically 12 to 24 months or longer

Key timeline milestones:

• 30 days after death: Earliest a small estate affidavit can be filed
• Within 30 days of appointment: Inventory must be filed
• 6 months from first publication: Creditor claim period expires
• Within 1 year of death: Estate should ideally be opened

Court filing fees

Missouri court filing fees vary by county. Representative amounts include:

• Application for Letters Testamentary/Administration: Approximately $50 to $250 (varies by county)
• If a will was previously admitted: Approximately $155.50 (Jackson County)
• Small estate affidavit filing: Lower fees, typically under $100 plus publication costs
• Publication costs: $50 to $200 depending on the newspaper

Attorney fees (statutory minimum schedule)

Missouri law (RSMo Section 473.153) establishes a minimum fee schedule for attorney compensation based on the value of the personal property administered and proceeds of real property sold:

• First $5,000: 5%
• Next $20,000: 4%
• Next $75,000: 3%
• Next $300,000: 2.75%
• Next $600,000: 2.5%
• Over $1,000,000: 2%

For example, on an estate valued at $300,000, the minimum attorney fee would be approximately $8,050. Note that these are minimum fees; the court may approve additional compensation for extraordinary services.

Personal representative compensation

Missouri uses the same fee schedule for personal representative compensation as for attorneys. Both the personal representative and the attorney can each charge these amounts, which means combined fees can be substantial for larger estates.

Other costs

• Surety bond premiums: Typically 0.5% to 1% of the bond amount annually
• Appraisal fees: $200 to $500+ for real property or specialty items
• Certified copies: $5 to $15 per copy
• Accounting/tax preparation: $500 to $2,000+ depending on complexity

Required Forms

Missouri probate forms are available from the Missouri Courts website (courts.mo.gov) and from individual county circuit court clerks. Key forms include:

For opening the estate:

• Application for Letters Testamentary (Form CCPR03) - for testate estates (with a will)
• Application for Letters of Administration (Form CCPR02) - for intestate estates (without a will)
• Appointment of Personal Representative (court order)
• Original will and any codicils (if applicable)
• Certified death certificate
• Oath of Personal Representative
• Bond (if required)
• Designation of Agent for Service of Process (if the personal representative lives out of state)

For small estates:

• Small Estate Affidavit (Form CCPR86) - for estates under $40,000
• Bond (required for small estate procedure)
• Notice to Creditors (required if estate exceeds $15,000)
• Certified death certificate

During administration:

• Inventory and Appraisement (Form CCPR05) - due within 30 days of appointment
• Notice to Creditors (for newspaper publication)
• Annual Settlement or Statement of Account (Form CCPR171) - periodic accounting of estate activity
• Application to Sell Real Estate (if the personal representative needs court approval to sell property)
• Receipt and Release (signed by distributees upon receiving their share)

For closing the estate:

• Final Settlement (comprehensive accounting of all estate transactions)
• Proposed Order of Distribution (independent administration)
• Petition for Distribution (supervised administration)
• Order of Discharge (court order releasing the personal representative)

Tax-related forms:

• Missouri Fiduciary Income Tax Return (MO-1041) - if the estate earns income
• Federal estate tax return (Form 706) - if applicable
• Decedent's final income tax returns (federal and state)

All official Missouri probate forms are available at courts.mo.gov under the Probate Court Forms section.

Executor Duties

In Missouri, the personal representative (called an executor when named in a will or an administrator when appointed by the court) has comprehensive responsibilities governed by the Missouri probate code.

Attorney requirement

A critical Missouri-specific requirement: the personal representative must be represented by an attorney. This applies to both independent and supervised administration. The attorney files documents, provides legal guidance, and helps ensure compliance with all statutory requirements.

Fiduciary duty

The personal representative owes a fiduciary duty to the estate, its creditors, and all distributees. This means acting with honesty, prudence, and impartiality in all estate matters.

Key responsibilities:

1. Accept appointment and qualify - Take the oath of office, post bond if required, and obtain Letters Testamentary or Letters of Administration
2. Retain an attorney - Engage a Missouri probate attorney to represent you throughout the administration (statutory requirement)
3. Secure estate assets - Take immediate steps to protect all estate property, including securing real property, notifying financial institutions, and maintaining insurance
4. File inventory and appraisement - Within 30 days of appointment, file a detailed inventory of all estate assets with fair market values. The court may appoint independent appraisers for certain assets
5. Publish notice to creditors - Publish notice in a newspaper of general circulation in the county. This starts the 6-month claim period
6. Notify known creditors - Send direct written notice to all known creditors with information about how to file claims
7. Manage estate finances - Open a dedicated estate bank account, deposit all income, and pay all expenses. Keep meticulous records of every transaction
8. Evaluate and pay claims - Review each creditor claim, allow or disallow it within the statutory time frames, and pay approved claims in the priority order established by Missouri law
9. File tax returns - File the decedent's final income tax returns (federal and Missouri), estate income tax returns if the estate earns income, and the federal estate tax return if applicable. Missouri has no state estate tax
10. File periodic accountings - File annual settlements or statements of account with the court, showing all receipts, disbursements, and the estate's current financial position
11. Distribute assets - In independent administration, file a proposed distribution plan and distribute after the objection period. In supervised administration, obtain court approval before distributing
12. Close the estate - File a final settlement, obtain court approval, distribute remaining assets, collect receipts from distributees, and request discharge from the court

Personal liability risks:

The personal representative can be held personally liable for:

• Distributing assets before the 6-month creditor claim period expires without adequate reserves
• Failing to file required tax returns
• Mismanaging estate funds or breaching fiduciary duty
• Making distributions not authorized by the will or intestacy law
• Failing to file required inventories, accountings, or settlements with the court

Unique State Rules

Missouri has several distinctive probate features:

Attorney requirement

Missouri is one of the states that requires personal representatives to hire an attorney for probate administration. This applies to both independent and supervised administration. Self-representation (pro se) by a personal representative is generally not permitted in Missouri probate proceedings. While this increases costs, it also helps ensure proper compliance with Missouri's detailed procedural requirements.

Independent vs. supervised administration

Missouri offers independent administration (RSMo Section 473.810-473.843), which significantly reduces court involvement:

• The will can authorize independent administration
• Even without will authorization, all interested parties can consent to it
• The personal representative can manage most estate matters without prior court approval
• A proposed distribution plan is filed, and if no objections within 30 days, distribution proceeds
• Supervised administration remains the default when independent administration is not available

Statutory fee schedule (minimum)

Missouri is one of the few states with a statutory minimum fee schedule for both attorney and personal representative compensation. The fee schedule is based on a percentage of the estate's value, calculated on a sliding scale from 5% on the first $5,000 down to 2% on amounts over $1 million. Both the attorney and personal representative can each charge these amounts, meaning combined fees can be significant.

No state estate or inheritance tax

Missouri has no state estate tax and no state inheritance tax. This is a significant advantage for Missouri estates compared to neighboring states that may impose state-level death taxes.

30-day inventory deadline

Missouri requires the inventory to be filed within 30 days of appointment, which is shorter than many states (Indiana requires 60 days, and many states allow 3 months or more). This tight deadline requires the personal representative to quickly identify and value all estate assets.

6-month creditor claim period

Creditors have 6 months from the date of first published notice of Letters Testamentary or Letters of Administration to file claims. Claims not filed within this period are forever barred against the estate. This is a moderate creditor claim period compared to other states.

Intestate succession

When a Missouri resident dies without a will:

• Spouse, no surviving descendants: Spouse inherits the entire estate
• Spouse and descendants (all from the marriage): Spouse receives the first $20,000 plus one-half of the remaining estate
• Spouse and descendants not from the marriage: Spouse receives one-half of the estate
• No spouse: Descendants inherit equally by representation

Elective share

Missouri's surviving spouse can elect to take against the will. The elective share is generally one-third of the estate if there are surviving descendants, or one-half if there are no descendants. The election must be made within a specified period after probate is opened.

Transfer-on-death deeds

Missouri recognizes beneficiary deeds (also called transfer-on-death deeds) under RSMo 461.025, which allow real property owners to designate a beneficiary who receives the property upon death without probate. The deed is revocable during the owner's lifetime.

Will formalities

Missouri requires that a will be:

• In writing
• Signed by the testator (or by someone at the testator's direction and in their presence)
• Attested by two witnesses who saw the testator sign or acknowledge the will
• Missouri recognizes self-proving affidavits, which streamline the probate process by eliminating the need for witness testimony

How SwiftProbate Helps

Missouri probate involves detailed procedural requirements, from the 30-day inventory deadline to the statutory fee schedule, and the mandatory attorney requirement adds another layer to manage. SwiftProbate helps you understand and navigate each step.

What SwiftProbate does for Missouri estates:

• Identifies your administration type - Determines whether independent administration, supervised administration, or the small estate affidavit is the best path based on your estate's value, the will's provisions, and family circumstances
• Generates your personalized checklist - Creates a step-by-step task list tailored to your specific estate, whether it involves a $30,000 small estate or a multi-million dollar supervised administration
• Tracks Missouri-specific deadlines - Monitors the 30-day inventory deadline, 6-month creditor claim period, and annual settlement due dates
• Estimates fees - Calculates estimated attorney and personal representative compensation using Missouri's statutory fee schedule based on your estate's value
• Organizes required forms - Identifies the specific Missouri court forms (CCPR series) needed for your situation, from the initial application through final settlement
• Coordinates with your attorney - While SwiftProbate does not replace the attorney Missouri requires, it helps you stay organized and informed so your attorney consultations are more productive and cost-effective

Whether your estate qualifies for the streamlined small estate process or requires full supervised administration, SwiftProbate provides the organizational framework to keep everything on track and ensure no deadlines are missed.