The Missouri Probate Process Explained: What Your Family Should Expect

The Missouri Probate Process Explained: What Your Family Should Expect

Losing a loved one is hard enough. The last thing a grieving family wants to deal with is a confusing legal process. But if your loved one owned assets in their name alone and didn't have a trust or other probate-avoidance measures in place, their estate will likely go through probate in Missouri.

At The Taormina Firm, we guide families in Clayton, Kirkwood, Des Peres, Chesterfield, and throughout the St. Louis area through the probate process every day. While we always recommend planning ahead to avoid probate when possible, understanding what to expect can make the process less overwhelming if you find yourself in it.

What Is Probate?

Probate is the court-supervised legal process of settling a deceased person's estate. It's governed in Missouri by Chapter 473 of the Missouri Revised Statutes and takes place in the circuit court of the county where the deceased person lived. The process involves validating the will (if there is one), appointing someone to manage the estate, identifying and valuing assets, paying debts and taxes, and distributing remaining assets to the rightful beneficiaries.

Step 1: Filing the Petition and Appointing a Personal Representative

The probate process begins when someone — usually a family member or the person named as executor in the will — files a petition with the probate division of the circuit court. If the deceased had a will, the petition asks the court to admit the will to probate and appoint the named executor (called the "personal representative" in Missouri) to administer the estate.

If there's no will, the court will appoint a personal representative based on a priority list in Missouri law, typically starting with the surviving spouse, then adult children, and so on. The personal representative receives Letters Testamentary (with a will) or Letters of Administration (without a will), which give them the legal authority to act on behalf of the estate.

Step 2: Notifying Creditors and Beneficiaries

Once appointed, the personal representative must notify all known creditors and publish a notice in a local newspaper to alert any unknown creditors. Under Missouri law, creditors generally have six months from the first published notice to file claims against the estate. The personal representative must also notify all beneficiaries or heirs of the estate.

Step 3: Inventorying and Appraising Assets

The personal representative is required to prepare an inventory of all the deceased person's probate assets and file it with the court within 30 days of appointment. This includes real estate, bank accounts, vehicles, personal property, investments, and any other assets owned solely by the deceased. Assets with beneficiary designations, jointly held assets, and trust assets are generally not part of the probate estate.

Some assets may require professional appraisal to determine their fair market value.

Step 4: Paying Debts, Taxes, and Expenses

Before any assets can be distributed to beneficiaries, the estate must pay all valid debts, including final medical bills, credit card balances, and any outstanding loans, funeral and burial expenses, estate administration costs (including attorney fees and personal representative fees), and any applicable state or federal taxes.

Missouri law establishes a priority order for paying claims, so the personal representative must be careful to pay debts in the correct order.

Step 5: Distributing Assets to Beneficiaries

Once all debts and expenses have been paid, the personal representative can distribute the remaining assets to the beneficiaries. If there's a will, assets are distributed according to its terms. If there's no will, Missouri's intestate succession laws determine who receives what — as we explained in our post on dying without a will.

Step 6: Closing the Estate

After all assets have been distributed and all obligations met, the personal representative files a final settlement with the court. This accounting shows all income received, debts paid, and distributions made. Once the court approves the final settlement, the estate is officially closed and the personal representative is released from their duties.

How Long Does Probate Take in Missouri?

The timeline varies depending on the complexity of the estate, whether any disputes arise, and how efficiently the personal representative handles their duties. At a minimum, Missouri probate takes about six months (due to the creditor notice period). In practice, many estates take nine months to a year, and contested estates can take much longer.

How Much Does Probate Cost?

Probate costs in Missouri typically include court filing fees, publication costs for the creditor notice, personal representative fees (which are set by Missouri statute based on the size of the estate), attorney fees, and appraisal fees if needed. For a moderately sized estate, total probate costs can easily run several thousand dollars.

Small Estate Procedures

Missouri does offer simplified procedures for smaller estates. If the total probate estate is valued at $40,000 or less (after deducting liens and encumbrances), the estate may qualify for a small estate affidavit under Missouri Revised Statutes Section 473.097. This allows assets to be transferred without full probate, saving time and money.

How to Avoid Probate in the Future

If going through the probate process has shown you how burdensome it can be, the good news is that you can plan your own estate to spare your family the same experience. As we've discussed in our post on how to avoid probate in Missouri, strategies like revocable living trusts, beneficiary designations, and transfer-on-death deeds can keep most or all of your assets out of probate court.

Need Help with Probate in Missouri?

Whether you're navigating probate after a loved one's passing or want to make sure your own family never has to, The Taormina Firm is here to help. We serve families throughout the St. Louis metro — from Brentwood and University City to Wildwood and Florissant. Contact us today for a consultation.