A Practical, Plain-English Guide for St. Louis Families Navigating the Missouri Probate Process
Probate is one of the most misunderstood—and most dreaded—legal processes families face after someone passes away in Missouri. If you’re a personal representative, executor, trustee, spouse, or adult child trying to understand what comes next, you are not alone.
Every day, families across St. Louis, St. Charles, Jefferson County, St. Louis County, and Metro East are pulled into the Missouri probate system. And the truth is:
Most families never expected probate to be this slow, expensive, or stressful.
This guide gives you a detailed, step-by-step explanation of:
- What Missouri probate actually is
- When probate is required
- What assets must go through probate
- The full probate timeline
- The costs and fees involved
- The duties of a personal representative
- How creditor claims work
- How long probate takes in Missouri
- How to avoid probate entirely
- Special rules for St. Louis and surrounding counties
- When you need an attorney
By the end, you’ll know exactly what to expect—and how to avoid making the most common (and costly) mistakes Missouri families face.
What Is Probate in Missouri?
Probate is the legal court process used in Missouri to:
- validate a will
- identify heirs
- inventory assets
- pay debts and creditors
- handle disputes
- transfer property
- close the estate
If someone dies with a will, the court oversees the process to ensure the will is valid.
If someone dies without a will, Missouri “intestacy laws” decide who inherits.
Missouri probate is handled in the Probate Division of the Circuit Court, such as:
- St. Louis County Probate Court (Clayton)
- St. Louis City Probate Court
- St. Charles County Probate Court
- Jefferson County Probate Court
Each court has its own timeline and paperwork requirements, but the overall process is similar statewide.
When Is Probate Required in Missouri?
Probate is required when:
✔ The person owned property in their name alone
✔ The assets did not pass by beneficiary designation
✔ The assets were not held jointly
✔ There was no trust
Examples of assets that trigger probate:
- A home or real estate titled only in the deceased’s name
- Bank accounts with no POD beneficiary
- Vehicles titled solely in their name
- Investment accounts with no TOD
- Personal property over $15,000
- Businesses or LLC interests
Even if you have a will, probate is still required.
A will does NOT avoid probate in Missouri.
This is one of the biggest misconceptions families have.
What Assets Do Not Go Through Probate in Missouri?
The following assets pass automatically outside probate:
1. Trust assets
Everything titled in a revocable living trust bypasses probate entirely.
2. Jointly titled assets
Includes joint tenancy with right of survivorship.
3. TOD & POD accounts
If the designations are properly updated and the beneficiary is alive.
4. Retirement accounts with beneficiaries
Such as IRAs and 401(k)s.
5. Life insurance with beneficiaries
Missouri Probate vs. Small Estate Procedures
Missouri has three main paths after someone passes:
1. Full Probate (Most Common)
Required when:
- assets exceed $40,000
- real estate is involved
- a trust was never funded
- beneficiaries dispute assets
- multiple heirs exist
- the will is contested
2. Small Estate Affidavit (Under $40,000)
Faster, simpler option if:
- the total estate (minus liens) is <$40k
- no real estate needs retitling
- all heirs cooperate
Many families think they qualify but actually don’t.
Common disqualifiers:
- titled vehicle(s)
- multiple bank accounts
- real estate with equity
- minor heirs
- disputes
3. Non-Probate Transfers (If Set Up Before Death)
These include:
- beneficiary designations
- TOD deeds
- POD bank accounts
- trust assets
However, these arrangements often fail because families forget to update them after:
- marriage
- divorce
- childbirth
- death of a beneficiary
- new accounts
When they fail → probate is required.
Step-By-Step Missouri Probate Timeline
The Missouri probate process has 12 major steps:
Step 1: Filing the Will & Opening the Estate (30–60 days)
The will is submitted to the court, or an intestate estate is opened if there is no will.
The court appoints a:
- Personal Representative (PR)
- Administrator (if no will exists)
In St. Louis County, this can take 4–8 weeks depending on workload.
Step 2: Grant of Letters Testamentary or Administration
This gives the PR legal authority to act.
Without letters, you cannot:
- collect assets
- sell real estate
- close bank accounts
- pay debts
Step 3: Publishing Notice to Creditors (90 days minimum)
Missouri requires:
- a four-month creditor period
- public notice in a local newspaper
- certified mail to known creditors
This is one of the longest parts of probate.
Step 4: Inventory & Appraisal (90 days)
The PR must:
- list all probate assets
- provide values
- submit documentation
Failure to file leads to court sanctions.
Step 5: Pay Debts & Expenses
Priorities include:
- Court costs
- Reasonable funeral expenses
- Administration expenses
- Taxes
- Other creditors
If the estate is insolvent, Missouri has strict priority rules.
Step 6: Handle Claims
Creditors may:
- file claims
- negotiate
- be denied (forcing litigation)
The PR must respond correctly to avoid personal liability.
Step 7: Manage & Sell Assets
Includes:
- home sales
- vehicle transfers
- liquidating accounts
- preparing tax returns
Real estate often delays probate by months.
Step 8: File Annual or Final Settlements
The PR must show:
- money in
- money out
- receipts
- distributions
Courts heavily scrutinize this step.
Step 9: Distribute Remaining Assets
Only after creditor claims and court approval.
Step 10: Close the Estate
The court orders final closure.
How Long Does Missouri Probate Take?
ypical timeline:
- Simple estates: 6–9 months
- Average estates: 9–15 months
- Complex estates: 12–24 months
- Disputed estates: 2–4 years
- Real estate issues: +3–9 months
St. Louis County often runs slower due to volume.
How Much Does Probate Cost in Missouri?
Probate costs are determined by:
- attorney fees
- court costs
- appraisal fees
- publication fees
- accounting fees
- bond premiums
- executor commissions
Typical total cost:
5%–10% of the estate value
Example:
$600,000 estate → $30,000–$60,000 in probate fees.
This is why families try to avoid it.
Common Problems Missouri Families Face During Probate
❌ Missing original will
❌ Outdated beneficiary forms
❌ TOD deeds not updated after divorce
❌ Disputes among siblings
❌ Creditor claims filed incorrectly
❌ Delays selling the home
❌ Minor beneficiaries
❌ Executor failing to communicate
Most of these problems can be avoided with a fully funded trust.
Why Probate Happens Even When Families Think They Avoided It
Families often believe:
- “We made a TOD deed so probate is avoided.”
- “Everything was in joint names.”
- “We listed beneficiaries on everything.”
- “We have a will, so probate will be easy.”
These statements are almost always wrong.
TOD/POD failures → probate
Outdated beneficiaries → probate
Joint accounts causing disputes → probate
Wills → probate
Missing one single account → probate
This is the main reason estate plans fail.
A trust avoids all of this.
How to Completely Avoid Probate in Missouri
To avoid probate 100%, you must:
1. Create a revocable living trust
2. Transfer all assets into the trust
3. Align all beneficiary designations
4. Title your home in the trust
5. Fund every account
6. Review your plan regularly
A trust must be funded properly.
When You Need a Probate Attorney
ou should hire an attorney when:
- real estate is involved
- multiple heirs exist
- there are creditors
- minors are beneficiaries
- the will is contested
- assets exceed $40,000
- TOD/POD designations failed
- the PR is overwhelmed
- the PR faces personal liability
Most families benefit greatly from legal guidance.
Missouri Probate FAQ
Does a will avoid probate in Missouri?
No. A will guarantees probate.
How long does probate take?
Typically 9–15 months.
How much does probate cost?
Usually 5–10% of the estate.
Can probate be done without a lawyer?
In simple cases, yes—but mistakes cause delays and liability.
Does Missouri allow virtual probate?
Some counties allow virtual hearings.
The Bottom Line: Missouri Probate Is Avoidable
You can avoid probate entirely with a fully funded trust.
Families choose trusts to:
✔ Avoid court
✔ Avoid delays
✔ Avoid conflict
✔ Protect children
✔ Ensure privacy
✔ Save money
Want to Avoid Missouri Probate?
You can create a fully virtual, flat-fee trust that avoids probate and protects your family.