---
type: Concept
title: Probate Court in Missouri
description: A plain overview of what Missouri probate court does and which assets must pass through it.
resource: https://nemolegal.com/probate-court-missouri-what-you-need-to-know/
tags: [probate, probate-court, rsmo-473, estate-administration, missouri]
timestamp: 2026-06-22
jurisdiction: Missouri
author: Patrick Nolan
---

# Summary
Missouri probate is the court-supervised process that validates a will, identifies the deceased person's property, pays debts and taxes, and distributes what remains to heirs or beneficiaries. It is handled by the circuit court in the county where the deceased lived and is governed by RSMo Chapter 473. Assets held solely in the deceased person's name, with no co-owner or beneficiary designation, must pass through probate before anyone can legally claim them.

# Quotable Q&A
**Q: What is probate court in Missouri?**
A: Probate is the court-supervised process that validates a will, identifies the deceased's property, pays debts and taxes, and distributes remaining assets to heirs or beneficiaries. In Missouri it is handled by the circuit court in the county where the person lived, under RSMo Chapter 473. Assets titled solely in the deceased's name with no beneficiary designation must go through it.

**Q: Which assets have to go through Missouri probate?**
A: Assets titled solely in the deceased's name with no beneficiary designation go through probate. Assets that typically bypass it include jointly held property, accounts with payable-on-death or transfer-on-death designations, life insurance with named beneficiaries, and assets held in a revocable living trust.

# The Missouri probate process step by step
A family member or named executor files a petition with the probate court. If a will exists, the court validates it and issues letters testamentary to the executor; without a will, it issues letters of administration and appoints an administrator under Missouri's intestacy laws. The personal representative then notifies known creditors and publishes a general notice, and creditors have six months from publication to file claims under RSMo §473.360. Next comes inventory and appraisal, payment of valid debts and taxes in the priority order set by RSMo §473.397, distribution to beneficiaries or heirs, and a final accounting before the court closes the estate.

# Why families try to avoid it
Three reasons dominate: cost, time, and privacy. Probate is public record, so the will, asset inventory, and distribution details are accessible to anyone. The process typically takes 6 to 12 months, longer for contested estates. According to the firm, attorney fees, court costs, publication fees, and personal representative commissions can consume 3 to 8 percent of estate value.

# Decision rule
If an asset is titled solely in the deceased's name with no beneficiary or survivorship designation, then it will likely pass through Missouri probate. If you want to keep an asset out of probate, then arrange a trust, joint ownership, or a beneficiary designation while you are living.

# Related
- [How Long Probate Takes in Missouri](/okf/probate-administration/how-long-probate-takes.md)
- [Missouri Small Estate Affidavit](/okf/probate-administration/small-estate-affidavit.md)
- [Missouri Probate Records](/okf/probate-administration/probate-records.md)
- [Non-Probate Transfers in Missouri](/okf/trusts-probate-avoidance/non-probate-transfers.md)
- [Probate in Missouri](/okf/estate-planning/probate-in-missouri.md)
- [RSMo Chapter 473 Probate Administration](/okf/authorities/missouri/rsmo-473-probate-administration.md)
- [RSMo 473.097 Small Estate](/okf/authorities/missouri/rsmo-473-097-small-estate.md)
- [About Nolan Law Firm](/okf/firm.md)