Most folks hope they’ll never have to mess with probate. But if someone close to you just passed, Missouri’s probate court is probably around the corner—especially if there’s real estate, vehicles, or bank accounts only in their name. Probate’s job is to make sure everything is inventoried, debts are settled, and what’s left actually makes it to the right people. All with a judge looking over your shoulder. If you’re the one dealing with it, it hits during the heaviest weeks of loss, with deadlines and rules on top of everything else.
Here’s the basics: Missouri doesn’t force every estate through the full court process. For assets under $40,000, families can use a small estate affidavit after 30 days—saves time, money, and some headaches. If the estate is larger, and the will allows (or all the heirs agree), “independent administration” hands more freedom to the representative without the judge rubber-stamping every move. Supervised administration? Full-blown court micromanaging, generally not the simple route.
Most property with a named beneficiary—like life insurance, IRAs, or jointly-owned homes—skips probate completely. But if property is in the deceased’s name with nobody else on the title or named as beneficiary, the court’s involved. That’s often where families stall: figuring out what goes through probate and what doesn’t. Title matters. Planning ahead can keep some assets out of the process entirely, if you know your options.
The trickiest part isn’t usually the legal paperwork—it’s the juggling act. Court deadlines. Creditor notices. Disagreements over who inherits what. One missed step can delay everything, or even put the estate rep personally on the hook for debts or bookkeeping mistakes. A probate attorney helps: they know how to get someone legally appointed as personal rep, make sure creditors are paid (and the opportunists kept out), lock down accurate values, and handle the court’s detailed accounting. They also settle fights—sometimes with patience, sometimes in court—so the estate can finally close.
Most people want to know: How long is this going to drag on? Best case, Missouri probate is a six-month ride. A lot of files run nine months to a year. It isn’t cheap either—court fees, newspaper notices, percent-based rep commissions, even the legal bills add up. The state does set limits, though, and good planning (wills, powers of attorney, advance titling) can shrink costs and hassle for everyone down the road.
One last thing—if there’s no will, the state decides who’s in charge and who inherits. Missouri’s “intestate” law runs through a pecking order: spouse and kids first, then farther branches of the family tree. The probate court just follows the statute.
Probate may be a routine, but no family feels that way when it’s their turn. Don’t let the paperwork or conflict take over when you’re supposed to be grieving. If you want clarity around settling a Missouri estate, the Nolan Law Firm can help you sort it out.
