Nobody wants to deal with court while grieving. That’s the hard reality of probate. Missouri’s probate process is widely misunderstood—sometimes unavoidable, sometimes entirely preventable with the right planning in advance.
Patrick Nolan of Nolan Law Firm in Kirksville, Missouri helps families navigate Missouri probate and structure estates to minimize court involvement from the start.
What Is Probate Court in Missouri?
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. Missouri probate is handled by the circuit court in the county where the deceased lived. Under RSMo Chapter 473, assets held solely in a deceased person’s name—with no co-owner or beneficiary designation—must pass through probate before anyone can legally claim them.
The Missouri Probate Process: Step by Step
1. Opening the Estate
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, the court issues “letters of administration” and appoints an administrator under Missouri’s intestacy laws (RSMo Chapter 474).
2. Notifying Creditors
The personal representative notifies known creditors and publishes a general notice in a local newspaper. Creditors have six months from publication to file claims against the estate (RSMo §473.360).
3. Inventory and Appraisal
The personal representative identifies and values all estate assets—real estate, bank accounts, vehicles, personal property. Professional appraisals are required for real property and significant assets. The inventory is filed with the court.
4. Paying Debts and Taxes
Valid creditor claims, final income taxes, and administrative expenses are paid from estate funds in the priority order set by RSMo §473.397. Most Missouri estates owe no estate tax—the federal exemption exceeds $13 million per individual as of 2025.
5. Distributing Assets
After all debts and expenses are settled, remaining assets go to beneficiaries named in the will, or to heirs under Missouri intestacy law if no will exists. The personal representative files a final accounting with the court.
6. Closing the Estate
The personal representative petitions the court for discharge. The court issues a closing order and the personal representative’s authority ends.
Missouri Small Estate Affidavit
Under RSMo §473.097, Missouri allows a simplified affidavit procedure for personal property valued at $40,000 or less, avoiding formal probate entirely. Real estate does not qualify unless held as joint tenants with right of survivorship or tenants by the entirety. See our full guide on the Missouri small estate affidavit.
Why Families Try to Avoid Missouri Probate
Three reasons dominate: cost, time, and privacy. Probate is public record—the will, asset inventory, and distribution details are accessible to anyone. The process typically takes 6–12 months, longer for contested estates. Attorney fees, court costs, publication fees, and personal representative commissions can consume 3–8% of estate value.
How to Avoid Probate in Missouri
With proper planning, most assets can bypass probate. Common strategies: revocable living trusts (assets in trust pass directly to beneficiaries without court involvement), joint tenancy with right of survivorship, beneficiary designations on bank accounts (payable on death / POD) and investment accounts (transfer on death / TOD), and Missouri’s transfer on death deed for real property. For a complete breakdown, see our guide on how to avoid probate in Missouri.
When You Need a Missouri Probate Attorney
Missouri doesn’t require an attorney for probate, but complex estates, contested wills, creditor disputes, and out-of-state property all benefit from legal representation. The Missouri Bar Association provides general estate planning guidance. Patrick Nolan of Nolan Law Firm handles Missouri probate in Adair County, Macon County, and throughout Northeast Missouri. Contact us at nemolegal.com/contact or call (660) 956-4502.
Frequently Asked Questions: Missouri Probate Court
How long does probate take in Missouri?
Most Missouri probate cases close in 6–12 months. Complex estates, contested wills, or unresolved creditor claims can extend the process to 18 months or longer. The six-month creditor notice period under RSMo §473.360 sets the minimum floor for most estates.
What assets must go through probate in Missouri?
Assets titled solely in the deceased’s name with no beneficiary designation go through probate. Assets that typically bypass probate include jointly held property, accounts with POD/TOD designations, life insurance with named beneficiaries, and assets held in a revocable living trust.
What is Missouri’s small estate affidavit?
Missouri’s small estate affidavit (RSMo §473.097) allows heirs to claim personal property valued at $40,000 or less without full probate proceedings. It’s faster and far less expensive than formal probate but applies only to personal property, not real estate, unless specific joint ownership conditions apply.
Can you avoid probate in Missouri without a trust?
Yes. POD/TOD beneficiary designations, joint tenancy with right of survivorship, and Missouri’s transfer on death deed for real property can all bypass probate without a trust. A trust provides additional benefits—privacy, creditor protection, multi-generational control—but isn’t the only route.
What does Missouri probate cost?
Missouri does not set a mandatory attorney fee schedule for probate. Fees are typically hourly or a percentage of estate value. Attorney fees and personal representative commissions are both paid from estate assets before distribution to beneficiaries.
