Overview
St. Louis City is an independent city located in Missouri with a population of approximately 280,000. The Probate Division of the Circuit Court of the City of St. Louis (22nd Judicial Circuit) handles all probate and estate matters for decedents who were domiciled in the city at the time of death.
Missouri probate is governed by Title XXXI, Chapter 473 of the Missouri Revised Statutes. The process begins with filing a Petition for Letters of Administration or Letters Testamentary to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Missouri offers a simplified procedure known as the Small Estate Affidavit (Affidavit for Collection of Small Estate). This is available if the total value of the estate (less liens and encumbrances) is $40,000 or less.
Missouri law sets statutory fees for personal representatives and attorneys based on a percentage of the estate's value (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), though reasonable additional fees may be requested for extraordinary services.
This guide provides an informational overview of the St. Louis City probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Probate Division, Circuit Court of the City of St. Louis
Probate matters in St. Louis City are handled at the Civil Courts Building.
Address: 10 North Tucker Boulevard, St. Louis, MO 63101
Phone: (314) 622-4238 (Probate Division)
Hours: Contact the court directly to confirm current hours of operation
The Probate Division is located on the 10th floor of the Civil Courts Building. It handles decedent estates, guardianships, and conservatorships.
Parking and Access
Public parking is available at the Kiel Garage (1515 Clark Avenue) with a shuttle service often available for jurors, or at various metered street spots and private lots surrounding the courthouse. The building is accessible via public transportation (MetroLink and MetroBus). Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $40,000 or less (excluding liens/debts), you may file an Affidavit for Collection of Small Estate after 30 days have passed since death.
- Refusal of Letters: A surviving spouse or unmarried minor children may file to refuse letters if the estate value does not exceed the statutory allowance.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters of Administration (if no will) or Petition for Probate of Will and Letters Testamentary (if there is a will) with the Probate Division. Include:
- Petition for Letters (Form 10020 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically starting around $150 depending on estate value)
- List of heirs and interested parties
E-filing is mandatory for attorneys in Missouri courts via the Missouri eFiling System.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in St. Louis City (such as the St. Louis Daily Record) for four consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting authority to the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Creditors (creditors have 6 months from first publication to file claims)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Statement of Account and Petition for Distribution to close the estate
Local Requirements
St. Louis City-Specific Procedures
- E-filing: Attorneys are required to file electronically through the Missouri Courts eFiling system. Self-represented litigants may file in paper.
- Bond requirements: A bond is generally required for personal representatives unless the will waives it or all heirs consent to waive it (and the court approves).
- Local court rules: The 22nd Judicial Circuit has specific local rules (Rule 70) governing probate matters, including specific forms for inventories and settlements.
- Publication: Notice is typically published in the St. Louis Daily Record or St. Louis Post-Dispatch.
Consult the Probate Division's "Probate Law Resource Guide" available on the court's website for detailed local instructions.
Timeline & Fees
Filing Fees (St. Louis City)
- Petition for Letters: approximately $150+ (varies based on estate value)
- Small Estate Affidavit: approximately $105.50
- Will Admittance (only): approximately $75.50
- Certified copies: approximately $1.50 per page + certification fee
- Publication costs: approximately $150-$200 depending on the newspaper
Missouri statutes set a minimum fee schedule for attorneys and personal representatives based on the estate value (e.g., 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, etc.).
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit/debit cards (with a convenience fee). Personal checks are generally not accepted from pro se litigants.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-4 months
- Average formal estates: 6-12 months (minimum 6-month creditor period)
- Complex or contested estates: 12 months to several years
The timeline is heavily influenced by the 6-month statutory period for creditor claims, which begins after the first publication of notice.
Local Resources
St. Louis City Court Resources
- Court Website: stlcitycircuitcourt.com
- Probate Self-Help: Probate Law Resource Guide
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- Bar Association of Metropolitan St. Louis: (314) 421-4134 — Lawyer Referral Service
- Legal Services of Eastern Missouri: (314) 534-4200 — Low-income legal assistance
- Missouri Bar Lawyer Referral: mobar.org
Publication
- St. Louis Daily Record: (314) 421-1880 — Primary legal publication
- St. Louis Post-Dispatch: (314) 340-8000 — General circulation