Missouri Probate Guide
If you've just lost someone and are facing the Missouri probate process — this guide walks you through what it costs, how long it takes, the exact filings Missouri requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$40,000
Small Estate Affidavit (RSMo § 473.097)
Court
Probate Division of the Circuit Court
Filing fee: $55–$200
Executor Commission
Statutory scale
~$26,550 on a $1M estate
Missouri probate is required when the decedent's solely-owned probate assets exceed $40,000 or include real estate not covered by a beneficiary deed, trust, joint tenancy, or POD/TOD designation. Note Missouri's unusual strict one-year filing limit: a will not presented within one year of death is forever barred from probate (RSMo § 473.050), which can force intestate administration.
Missouri probate typically takes 6–12 months under independent administration, with the 6-month creditor claim period (after first publication) setting the floor. Supervised administration and contested estates can extend 12–24+ months.
Missouri's Small Estate Affidavit (RSMo § 473.097) allows qualifying estates to skip formal probate.
Current threshold: $40,000
Missouri's Small Estate Affidavit applies when the value of the entire estate (less debts) does not exceed $40,000. Estates over $15,000 require notice by publication. The affidavit is filed with the probate division of the circuit court and can be filed at any time, even more than a year after death.
Missouri sets minimum personal representative compensation by statute under RSMo § 473.153 — a sliding percentage of the estate value the personal representative handles. Courts may award additional compensation for extraordinary services such as running a business, contested litigation, or selling real estate.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $26,550.
Attorney fees:
Missouri attorney fees in probate use the same percentage schedule as personal representative fees under RSMo § 473.153 — attorneys for the personal representative are entitled to minimum compensation calculated the same way, with additional fees allowable for extraordinary services.
Multiple co-executors:
When multiple personal representatives serve, the statutory commission under RSMo § 473.153 is divided among them rather than paid in full to each.
Statute: RSMo § 473.153
Enter the estate's gross value to estimate statutory probate costs in Missouri.
Executor commission
Statutory (RSMo § 473.153)
$14,050
Attorney commission
Statutory — matches executor scale
$14,050
Court filing fee
Sliding scale $55–$200
$55+
Estimated statutory total
$28,155
Estimate only. Excludes extraordinary executor fees, bond premiums, appraisal fees, publication costs, accounting fees, and Missouri-specific surcharges. Does not constitute legal or financial advice.
Under RSMo § 473.157, every personal representative must give bond equal to the value of the personal estate plus one year of estimated income. Bond may be waived by the will or by all distributees in writing, except where the personal representative is a non-resident or the court finds good cause to require bond.
Statute: RSMo § 473.157
Missouri has no state estate tax and no inheritance tax. Missouri's estate tax was effectively repealed in 2005 when it was tied to the federal pickup credit. Only the federal estate tax applies. The 2026 federal exemption is $15 million per individual and $30 million per married couple under the One Big Beautiful Bill Act (signed July 2025).
Missouri is a separate-property state. Under RSMo § 474.160, a surviving spouse may elect against the will and take one-half of the estate if there are no lineal descendants of the testator, or one-third of the estate if there are lineal descendants — subject to claims and reduced by the value of property the spouse already received from the decedent. The election is generally due within 10 days after the time for contesting the will expires (RSMo § 474.180).
Missouri's MO HealthNet estate recovery program operates under RSMo § 473.398. MO HealthNet may recover against the probate estate of any deceased recipient who received Medicaid benefits at age 55+. A MO HealthNet claim is a 7th-class claim — paid after court costs, administration expenses, exempt property, family/homestead allowance, funeral expenses, and taxes/debts to the U.S. Recovery is waived if a surviving spouse, minor child, or blind/disabled adult child survives. Missouri applies the federal 5-year lookback for long-term care eligibility.
Missouri was the first U.S. state to authorize Transfer on Death deeds for real estate, under RSMo § 461.025, effective in 1989. A properly executed and recorded beneficiary deed transfers Missouri real property outside probate at the owner's death while remaining fully revocable during life. This is the most common Missouri probate-avoidance tool for real estate.
Statute: RSMo § 461.025
Missouri's one-year deadline to present a will for probate (RSMo § 473.050) is among the strictest in the United States. After the deadline, the will is barred and the estate passes intestate — even if the will is later found. Families should prioritize locating and filing the will promptly.
Statute: RSMo § 473.050
The full Missouri executor checklist has 24 milestones: 9 specific to Missouri law (shown below — filings, forms, and court interactions tied to Missouri statutes) and 15 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Missouri Department of Health and Senior Services, Bureau of Vital Records. These are required by the probate division of the circuit court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Under RSMo Section 474.500, any person having custody of a will must deliver it to the court within 30 days after learning of the testator's death. Missouri follows its own probate code under RSMo Chapter 472-474.
File petition for probate with the probate division of the circuit court
File a Petition for Letters Testamentary (or Letters of Administration for intestate estates) with the probate division of the circuit court in the county where the decedent was domiciled. Missouri offers independent administration (minimal court oversight) and supervised (dependent) administration. Qualifying small estates may use a simplified refusal of Letters procedure under RSMo Section 473.097.
Receive Letters Testamentary or Letters of Administration
After the court admits the will and appoints the personal representative, Letters are issued. The representative must take an oath and post a bond unless waived by the will or by the court for independent administration. Obtain multiple certified copies.
File final personal income tax return (Form 1040 and Missouri Form MO-1040)
File the decedent's final federal income tax return (Form 1040) and Missouri individual income tax return (Form MO-1040) for the period from January 1 through the date of death. Missouri imposes a graduated income tax. A surviving spouse may file jointly for the year of death.
File estate income tax return (Form 1041 and Missouri Form MO-1041) if applicable
If the estate earns more than $600 in gross income during administration, file federal Form 1041 and Missouri Fiduciary Income Tax Return (Form MO-1041). The estate is a separate taxpayer.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Missouri does not impose a separate state estate or inheritance tax. Form 706 may be filed for portability.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Missouri intestacy law (RSMo Section 474.010 et seq.). Missouri provides the surviving spouse a statutory share and a family allowance. Obtain signed receipts from all beneficiaries.
File settlement and accounting with the court
File annual and/or final settlements with the probate court detailing all receipts, disbursements, and distributions, as required by RSMo Section 473.540. Under independent administration, a simplified final settlement may be filed. The court will review and approve.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice of Letters granted
Publish a notice that Letters have been granted in a newspaper of general circulation in the county, as required by RSMo Section 473.033. Also notify all known creditors by mail. Creditors have six months from the date of first publication to present their claims under RSMo Section 473.360.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations for all accounts.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory of estate assets
Prepare and file an inventory of all estate assets with the probate court within 30 days of appointment, as required by RSMo Section 473.233. The inventory must list all property with date-of-death fair market values. The court may appoint appraisers for real estate and other valuable property.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
Review and pay valid creditor claims
Evaluate all claims filed within the six-month claims period. Pay valid claims from estate funds in the order of priority established by RSMo Section 473.397: costs of administration, funeral expenses, debts due the United States, taxes, wages due employees, expenses of last illness, and all other claims.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
Obtain court discharge and close the estate
After the court approves the final settlement and all distributions are complete, the court enters an order closing the estate and discharging the personal representative from further liability.
Close the estate bank account
After all distributions are complete and the court has discharged the personal representative, close the estate bank account. Verify all checks have cleared and the balance is zero. Retain financial records for at least five years.
A non-Missouri resident who dies owning Missouri real estate generally requires ancillary probate in the Missouri circuit court of the county where the property is located, unless the property was covered by a recorded Missouri beneficiary (TOD) deed.
Missouri probate under independent administration typically takes 6–12 months, driven by the 6-month creditor claim period after the first published notice. Supervised administration and contested estates run 12–24+ months. Small estate affidavits can close in weeks.
Court filing fees typically range from $55 (small estate affidavit) to $200+ for full administration. Missouri uses a STATUTORY fee schedule for both personal representatives and attorneys under RSMo § 473.153 (5% on the first $5k, scaling down to 2% over $1M). A $1M estate generates approximately $23,750 in statutory fees for each — so $47,500 total for executor + attorney.
Missouri's Small Estate Affidavit applies when the entire estate value (less debts) does not exceed $40,000 under RSMo § 473.097. Estates over $15,000 require publication of notice. The affidavit is filed with the probate court and may be used at any time, even years after death.
Independent administration of a clean estate can be handled without an attorney for cost-conscious families, but Missouri's statutory attorney-fee schedule means an attorney's fee may not be negotiable down from the schedule once retained. Small estate affidavits and beneficiary-deed transfers are common DIY paths.
Yes — Missouri is one of the most probate-avoidance-friendly states. Common tools include revocable trusts, Missouri beneficiary deeds for real estate (RSMo § 461.025), joint ownership with right of survivorship, payable-on-death accounts, and beneficiary designations.
Missouri imposes one of the strictest deadlines in the country: under RSMo § 473.050, a will must be presented for probate within ONE YEAR of death (or six months after first publication of administration notice). A will not filed within these limits is forever barred and the estate passes intestate.
No. Missouri has no state estate tax and no inheritance tax. Only the federal estate tax applies, with a 2026 exemption of $15 million per individual and $30 million per married couple under the One Big Beautiful Bill Act.
Yes — Missouri was the FIRST state to authorize TOD (called 'beneficiary') deeds for real estate, effective 1989 under RSMo § 461.025. A properly recorded beneficiary deed transfers Missouri real property outside probate at the owner's death and remains fully revocable during the owner's life.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Missouri probate attorney.