When a loved one passes away, the surviving family often faces a legal process they have never encountered before: probate. If you have been named as executor or personal representative of a Missouri estate, understanding what lies ahead can reduce uncertainty and help you fulfill your responsibilities with confidence. This guide walks through the Missouri probate process from start to finish.

What Is Probate?

Probate is the court-supervised process of settling a deceased person's estate. In Missouri, probate serves several purposes: it validates the decedent's will (if one exists), identifies and inventories the decedent's assets, pays outstanding debts and taxes, and distributes remaining assets to the rightful beneficiaries or heirs.

Not all assets go through probate. Property held in a revocable living trust, assets with beneficiary designations (such as life insurance and retirement accounts), jointly held property with right of survivorship, and property subject to a transfer-on-death deed all pass outside of probate. Only assets titled solely in the decedent's name without a designated beneficiary or survivorship feature are subject to probate administration. For a broader look at how these tools fit together, see our guide on why every Missouri family needs an estate plan.

Missouri also provides a simplified procedure for smaller estates. Under RSMo 473.097, if the total value of the decedent's estate does not exceed $40,000 (excluding liens and encumbrances), heirs may file a small estate affidavit to collect and distribute assets without opening a full probate proceeding. This can save significant time and expense for qualifying estates.

Step 1: File the Will and Petition for Probate

The probate process begins when someone — typically the person named as executor in the will — files the original will and a petition for probate with the circuit court in the county where the decedent resided at the time of death. If the decedent died without a will (intestate), a family member or other interested party files a petition asking the court to appoint a personal representative.

Under RSMo 473.050, any person in possession of a decedent's will must present it for probate within one year of death. If letters have already been granted on the estate, the deadline shortens to six months from the date of first published notice. A will not presented within these time limits is forever barred from admission to probate in Missouri. Failure to file a will you possess can also result in personal legal liability.

The court reviews the petition and, if everything is in order, issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These letters give the personal representative legal authority to act on behalf of the estate.

Step 2: Notify Creditors and Beneficiaries

Once appointed, the personal representative must provide notice to creditors. Under RSMo 473.033, the clerk causes a notice of the appointment to be published in a newspaper once a week for four consecutive weeks. This notice informs creditors to file their claims or be forever barred. Under RSMo 473.360, creditors have six months from the date of the first publication to file claims against the estate. If notice was actually mailed or served on a known creditor, that creditor has two months from the date of mailing or service, or six months from the first publication — whichever is later. The personal representative must also notify all beneficiaries named in the will (or heirs under intestacy) of their interest in the estate and their right to receive information about the administration.

Step 3: Inventory and Appraise Assets

Under RSMo 473.233, the personal representative must file an inventory of all probate assets with the court within 30 days of appointment (unless the court grants additional time). The inventory should include real property, bank accounts, investment accounts, vehicles, personal property of significant value, and any other assets titled in the decedent's name alone.

For assets that are difficult to value — such as real estate, business interests, artwork, or collectibles — the personal representative may need to hire a professional appraiser. Accurate valuation is important for equitable distribution and for determining whether estate tax returns are required.

Step 4: Manage Estate Assets

During the administration period, the personal representative has a fiduciary duty to manage the estate's assets prudently. This includes maintaining insurance on real property, collecting income owed to the estate (such as rent or dividends), paying ongoing expenses, and preserving the value of estate assets. The personal representative should not distribute assets to beneficiaries until all debts, taxes, and expenses have been paid or provided for.

Step 5: Pay Debts, Taxes, and Expenses

The personal representative must pay valid creditor claims from the estate's assets. Under RSMo 473.397, Missouri law establishes a classified priority order for claims and statutory allowances. Costs of administration come first, followed by funeral expenses, certain statutory allowances to the surviving spouse and minor children, taxes, and then general creditor claims. Under RSMo 473.430, if the estate does not have sufficient assets to pay the whole of any one class, claims within that class are paid proportionally. The personal representative must follow the statutory priority and may need to petition the court for guidance on insolvent estates.

The personal representative is also responsible for filing the decedent's final income tax return and, if applicable, a federal estate tax return (Form 706) and a Missouri fiduciary income tax return. Even though Missouri does not impose its own estate tax, the federal estate tax may apply to estates exceeding the current exemption amount.

Step 6: Prepare and File the Final Settlement

After all debts, taxes, and expenses have been paid and the creditor claim period has expired, the personal representative prepares a final settlement — a detailed accounting of all assets collected, debts paid, expenses incurred, and distributions made or proposed. This settlement is filed with the court and served on all interested parties.

If no objections are filed within 30 days, the court approves the settlement. If an interested party objects — perhaps disputing a claimed expense, questioning the valuation of an asset, or challenging a proposed distribution — the court holds a hearing to resolve the dispute.

Step 7: Distribute Assets and Close the Estate

Once the court approves the final settlement, the personal representative distributes the remaining assets to the beneficiaries according to the terms of the will or, in intestate cases, according to Missouri's intestacy statutes. The personal representative obtains receipts from each beneficiary and files a final report with the court confirming that all distributions have been made.

Upon the court's acceptance of the final report, the estate is officially closed and the personal representative is discharged from further responsibility.

How Long Does Probate Take in Missouri?

The minimum duration for probate in Missouri is approximately six months, driven primarily by the creditor claim period. In practice, straightforward estates with cooperative beneficiaries and no disputes may be completed in six to nine months. Estates involving will contests, complex assets, real property in multiple counties, or disputes among beneficiaries can take one to two years or longer.

Common Challenges in Missouri Probate

Will contests. A beneficiary or heir who believes the will is invalid — due to lack of capacity, undue influence, or improper execution — may challenge the will in court. Will contests can significantly delay the probate process and are emotionally difficult for all involved.

Insolvent estates. When debts exceed assets, the personal representative must follow Missouri's statutory priority for paying claims and may need court approval for the distribution plan.

Missing heirs or beneficiaries. If the personal representative cannot locate a beneficiary, the court may require a search effort, including publication of notices. Unclaimed assets may eventually escheat to the state.

Real property in multiple states. If the decedent owned real estate in states other than Missouri, ancillary probate may be required in each state — adding time, complexity, and cost.

Costs of Probate in Missouri

Probate costs in Missouri vary depending on the size and complexity of the estate. Common expenses include court filing fees, publication costs for creditor notices, attorney fees, personal representative compensation, and appraisal fees for hard-to-value assets. Under Missouri law, the personal representative is entitled to reasonable compensation for their services, and attorneys who represent the estate are entitled to reasonable fees — both of which are subject to court approval.

For modest estates, total probate costs may be a few thousand dollars. For larger or more complex estates — particularly those involving real property in multiple counties, business interests, or disputes among beneficiaries — costs can be significantly higher. This is one reason many families choose to use estate planning tools such as revocable living trusts, beneficiary designations, and transfer-on-death deeds to reduce the size of the probate estate and minimize administration expenses.

Recent Missouri Probate Development: Electronic Wills

On July 10, 2025, Governor Kehoe signed HB 754 into law, enacting the Missouri Uniform Electronic Wills and Electronic Estate Planning Documents Act (RSMo 474.540-474.564). Effective August 28, 2025, Missourians can now create, sign, and store wills, trusts, powers of attorney, and other estate planning documents electronically with full legal recognition. Electronic wills must still meet the same substantive requirements as paper wills — testamentary capacity, intent, and proper witnessing — but the execution can occur online with remote notarization. This development does not change the probate process itself, but it may affect how wills are presented to the court and authenticated during Step 1.

How OTT Law Helps Executors and Families

Serving as a personal representative is a significant responsibility, and missteps can result in personal liability. OTT Law guides executors and personal representatives through every phase of the Missouri probate process — from filing the initial petition to distributing assets and closing the estate. We handle court filings, creditor notifications, tax returns, accountings, and any disputes that arise along the way.

If you have been named as executor of a Missouri estate, or if a loved one has passed away and you are unsure how to begin, we are here to help. Protect what you've built. Schedule a consultation with OTT Law at (314) 710-2740.

Frequently Asked Questions

Can I serve as executor if I live out of state?

Yes. Missouri allows nonresident executors, though the court may require a nonresident to post a bond. Having a local attorney handle the day-to-day administration can make the process significantly more manageable.

What if there is no will?

If the decedent died without a will, Missouri's intestacy statutes determine who inherits. The court appoints a personal representative (called an administrator), and the estate is distributed according to the statutory hierarchy — surviving spouse first, then descendants, then parents, then siblings, and so on.

Are all assets subject to probate?

No. Assets with beneficiary designations, jointly held property with right of survivorship, assets in a trust, and property with a transfer-on-death deed all pass outside of probate. Only assets titled solely in the decedent's name are subject to probate administration. For more on how wills factor into the overall picture, see our article on how wills assist in the disposition of assets.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact OTT Law at (314) 710-2740 for a free consultation specific to your situation.

Missouri Probate Process Step by Step