Probate in Missouri

Overview

Missouri does not follow the Uniform Probate Code, instead operating under its own probate statutes administered through the Probate Division of the Circuit Court. The state offers a small estate affidavit procedure for estates up to $40,000 (which uniquely can include real property), independent administration for larger estates, and a refusal of letters procedure for minimal estates. Missouri does not impose a state estate or inheritance tax, making it relatively favorable for estate administration.

Key Facts

• Governing Law: Missouri Revised Statutes, Chapter 473 (Probate Code)
• Court: Circuit Court (Probate Division)
• Small Estate Threshold: $40,000
• Typical Timeline: 6 to 12 months for standard estates; complex estates can take 12 to 18 months
• Follows UPC: No

What Makes Missouri Unique

• Real Property in Small Estate Affidavit — Missouri is one of the few states that allows real property to be included in the small estate affidavit process under Mo. Rev. Stat. § 473.097, making it possible to transfer both personal and real property without full probate for estates under $40,000.
• Tiered Publication Requirements — Estates over $15,000 require newspaper publication and attorney filing, while estates $15,000 or less have simplified requirements without mandatory publication, creating a two-tier system based on estate value.
• Independent Administration — Missouri allows personal representatives to petition for independent administration, which significantly reduces court supervision and speeds up the process. This is particularly valuable for larger estates with straightforward distributions.
• Refusal of Letters — Under Mo. Rev. Stat. § 473.090, the court can refuse to issue letters of administration when the estate is minimal and certain conditions are met, effectively terminating administration before it begins.
• Bond Requirements — Missouri requires bonds for estates over $15,000 unless waived by all heirs, providing creditor protection while allowing flexibility for cooperative families.

Probate Process Steps

1. File application for letters testamentary or letters of administration with the Circuit Court (Probate Division)
2. Submit the original will (if one exists) to the court
3. Court appoints personal representative and issues letters
4. Personal representative posts bond if required by the court
5. Publish notice to creditors and unknown heirs in a newspaper of general circulation
6. Notify known creditors and interested parties
7. Inventory and appraise all estate assets within 30 days of appointment
8. Allow creditor claims period (6 months from first publication for known creditors)
9. Pay valid debts, taxes, and administration expenses
10. File final settlement and accounting with the court and distribute assets upon court approval

Costs & Fees

Fee Structure: Missouri does not have a statutory percentage-based fee schedule for attorney or personal representative compensation. Attorney fees are based on reasonable compensation for services rendered and must be approved by the court. Personal representative compensation is set by the court and typically ranges from 2–5% of the estate value depending on complexity.

Typical Attorney Fees: $2,000 – $6,000 for standard estates; complex estates or those requiring litigation may exceed $10,000

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($200–$350), publication costs ($100–$400), bond premiums, certified copies, and recording fees

The small estate affidavit procedure can significantly reduce costs for estates under $40,000. Independent administration reduces ongoing court costs by minimizing required hearings. Missouri does not impose a state estate or inheritance tax, which simplifies and reduces overall administration costs.

Frequently Asked Questions