A clear, practical explanation of the Missouri probate process — timelines, costs, steps, and pitfalls every family should know.
Most people have heard the word “probate,” but very few actually understand what it means until a loved one passes away. Unfortunately, probate is one of the most slow, expensive, and stressful legal processes Missouri families experience.
This guide explains, in plain language, exactly how probate works in Missouri — from the time of death until the estate is closed.
We’ll cover:
- What probate is
- When probate is required
- How long it takes
- What it costs
- The step-by-step process
- The difference between supervised and independent probate
- What an executor must do
- How to avoid probate
Let’s begin.
What Is Probate in Missouri?
Probate is the court-supervised legal process used to:
- validate a will
- appoint a personal representative (executor)
- gather and value assets
- notify creditors
- pay debts
- distribute remaining property to heirs
If someone dies without an estate plan — or with assets titled improperly — probate becomes mandatory.
When Is Probate Required in Missouri?
Probate is required when the deceased owned assets:
- in their individual name alone,
- without a beneficiary,
- without TOD/POD, and
- not owned by a trust.
Common assets that trigger probate:
- real estate titled individually
- bank accounts with no POD
- vehicles without TOD
- investment accounts with no beneficiary
- business interests
- personal property worth more than $40,000
Even with a will, probate is still required.
A will does not avoid probate.
How Long Does Missouri Probate Take?
Most estates take:
6–18 months
Large or contested estates can take:
2–3 years or more
Delays happen because:
- probate courts are busy
- creditor notice lasts 6 months
- appraisals take time
- disputes arise
- court approval is needed for sales
Families are often shocked at how slow the process is.
How Much Does Probate Cost in Missouri?
Costs vary but often include:
✔ Court filing fees: $300–$500
✔ Publication fees: $100–$200
✔ Attorney fees: typically 5%–10% of the estate
✔ Executor fees: also 5% of the estate
✔ Appraisal costs
✔ Accounting fees
On a $500,000 estate, it is common for total probate-related costs to exceed $25,000–$40,000.
A trust avoids nearly all of these expenses.
The Missouri Probate Process (Step-by-Step)
Here is the complete probate process from start to finish.
Step 1: File the Will and Open the Probate Case
The will must be filed within one year of death.
To open the case, the executor (or any interested party) files:
- the will
- the death certificate
- a petition for probate
The court then reviews the documents.
Step 2: Court Appoints the Personal Representative (Executor)
The judge issues:
- Letters Testamentary (if there is a will)
- Letters of Administration (if there is no will)
This gives the executor legal authority.
Until this happens, the executor cannot:
- access accounts
- sell property
- write checks
- manage the estate
This delay creates early stress on families.
Step 3: Notify Heirs, Beneficiaries, and Creditors
The executor must:
- formally notify all heirs
- publish notice to creditors in a newspaper
- send direct notice to known creditors
Creditors have 6 months to file claims.
Nothing can be finalized until this period ends.
Step 4: Inventory and Appraise All Assets
The executor must file an inventory listing:
- real estate
- bank accounts
- investment accounts
- vehicles
- business interests
- personal property
The court may require appraisals for real estate, collections, jewelry, and valuable assets.
Step 5: Manage the Estate During Administration
This includes:
- securing property
- paying taxes
- maintaining insurance
- collecting income
- paying valid debts
- rejecting invalid claims
- selling property if needed
Every action must follow Missouri probate law.
Step 6: Pay Debts and Settle Creditor Claims
Creditors must be paid in a specific legal order:
- Costs of administration
- Funeral expenses
- Taxes
- Medical bills
- Secured creditors
- Unsecured creditors
The executor must dispute improper claims — which often requires attorney involvement.
Step 7: Sell Property (If Required)
If the estate needs liquidity, the executor may need to sell:
- the home
- vehicles
- investments
- personal property
Court approval is often required.
This adds time and cost.
Step 8: Prepare Accounting and Final Reports
The executor must file:
- a settlement accounting
- a distribution plan
- receipts
- financial summaries
This step ensures transparency but adds significant paperwork.
Step 9: Distribute Assets to Heirs
Once the court approves the settlement:
- beneficiaries receive their shares
- property is transferred
- the estate is distributed
But this can only happen after:
- the creditor period ends
- taxes are settled
- disputes are resolved
- court approval is granted
Step 10: Close the Estate
The executor files a final settlement requesting court approval to close the estate.
Once granted:
- the estate is closed
- the executor is released
- the process ends
Independent vs. Supervised Probate in Missouri
Missouri offers two types of probate:
Independent Administration
This is the faster option if:
- the will allows it
- all heirs agree
The executor has more freedom, but still must:
- publish creditor notices
- file inventories
- file reports
- follow procedural rules
Supervised Administration
Required when:
- heirs disagree
- the will mandates supervision
- the court orders it
Every action must receive court approval.
This dramatically increases time and cost.
Why Probate Creates So Many Problems for Families
Probate is stressful because:
- families must wait months or years
- heirs get frustrated
- disputes arise
- the process is public
- children can access information that creates resentment
- costs reduce inheritance
- timelines are inflexible
The emotional toll is often worse than the financial one.
How to Avoid Probate Entirely in Missouri
To avoid probate, your assets must transfer outside your name.
The most reliable method is:
✔ Create a Revocable Living Trust and Fully Fund It
A trust:
- avoids probate for ALL assets
- allows immediate access at death
- allows rapid settling of the estate
- protects children
- prevents disputes
- ensures privacy
- avoids court involvement
- handles long-term planning
Supplement the trust with:
- updated beneficiaries
- TOD/POD as needed
- power of attorney documents
- a complete estate plan
This creates a smooth, conflict-free process.
Final Thoughts — Probate Is Avoidable, but Only With Proper Planning
Missouri probate:
- is slow
- is costly
- creates stress
- creates disputes
- exposes your estate to creditors
- forces your family into court
Nearly all of this can be prevented with:
✔ a revocable living trust
✔ correct titling of assets
✔ updated beneficiary designations
✔ proper power of attorney documents
✔ a coordinated estate plan
Your family deserves a faster, easier, private option.
Want to Avoid Missouri Probate Entirely?
We help Missouri families:
- create trust-based estate plans
- avoid probate 100%
- protect spouses and children
- handle everything virtually
- fund trusts completely