What You Need to Know About Probate in Missouri

Our firm has been handling probate cases for over 20 years, and every day we continue to get many probate questions. Probate cases can be confusing, emotional, and naturally occur at a very difficult time in life. So, in this month’s article, we are answering some of the most frequently asked questions when it comes to probate.

First of all, Probate is the legal process that becomes necessary when:

• A person dies;
• That person still has certain asset(s) (anything with an account number, title, or deed) titled into their name only; AND
• There is no beneficiary designated on any such asset(s).

Probate is not automatic, and it takes someone with a vested interest (such as an heir or beneficiary) to initiate a probate case. When all of the above facts are trust about a certain asset, that asset is essentially “stuck” in the name of a dead person, and thus must be probated. This is true whether the decedent dies with or without a Will.

If the decedent left no Will, assets will be distributed by the Probate Court to those heirs that are identified under Missouri law. If the decedent does leave a Will, the Will typically nominates a personal representative (also called “Executor”), as well as identifies beneficiaries who will inherit the probate assets. Thus, a Will does NOT avoid Probate, but actually directs Probate, by overriding the Missouri Laws that would have applied if there had not been a Will.

What to Do Immediately After Someone Dies (Basic Checklist)

If you’ve just lost a loved one, a few early steps can prevent delays later—especially if you suspect there are assets still titled only in their name.

• Secure the home and valuables (mail, keys, vehicles, important documents).
• Locate estate documents (Will, trust papers, deeds, titles, life insurance policies, account statements, beneficiary paperwork).
• Order multiple certified death certificates (banks and title companies often require them).
• Make a simple asset list (accounts, real estate, vehicles, debts, and recurring bills).
• Avoid distributing, conveying, dividing, or retitling property too early (that can create problems if probate is needed or if done incorrectly).
• Track expenses and keep receipts (funeral costs and estate expenses often need documentation).
• Schedule a probate consult if assets are “stuck” and you’re unsure what process applies, or if you simply have questions about how these matters work.

Want a fuller step-by-step checklist? Link to a dedicated page/post you’ll publish

What is Probate Court?

Missouri Circuit Courts are divided into 46 judicial districts. Within each court, there is a special Probate Division where all matters relating to probate are heard.

When is Probate Required?

As explained above, probate is required when a person dies, still has property titled into his or her name after death, and there is no beneficiary named on such property. This may include property such as:

• Bank accounts or other financial accounts in the decedent’s name only, if there is no co-owner or no beneficiary designation.
• Real estate owned solely in the name of the decedent, or jointly held NOT as Joint Tenants with Rights of Survivorship, and no beneficiary designated under a Beneficiary Deed.
• Partial ownership interest in Real estate, if that real estate is co-owned as tenants in common (with no right of survivorship).
• Stocks or bonds owned only in the name of the decedent, with no beneficiary named.
• Any tangible possessions owned solely by the decedent including clothing, jewelry, household furniture, and automobiles. However, being that such items have no account number, title, or deed, these items will usually only need to be probated if (1) other things are already being probated also, or (2) if there is disagreement regarding such property.

When is Probate Not Required?

Probate is not required unless there is at least one asset “stuck” in the name of the decedent only, with no beneficiaries being named on that asset. Specifically,, the following are not subject to probate:

• Property in a trust, since the owner of such property is not the decedent, but the Trustee of the Trust.
• Real estate owned as joint tenants with the right of survivorship or as husband and wife (legally called “tenancy by the entirety”).
• Life insurance policies or retirement accounts which have a designated beneficiary or beneficiaries.
• Bank accounts with a Payable on Death (POD) or Transfer on Death (TOD) designation, which go directly to the designated beneficiary.
• Cars, RVs, boats, motors, trailers, or motor homes with multiple names on the title, or with one owner (the decedent) who named a Transfer on Death (TOD) beneficiary on the title.

What is the Purpose of Probate?

Probate is a legal process of transferring property that is “stuck” titled into the name of a deceased person, into the name of the deceased person’s living heirs (without a will) or beneficiaries (under a Will). Probate is not designed to be quick, but is designed to be deliberate and comprehensive. Probate is also designed to prevent fraud by freezing the transfer of assets until a judge finds that the Will (if one exists) is valid; to ensure that creditors and named beneficiaries receive notification of the decedent’s death, and that the assets that are part of the estate are identified and appraised in order to determine the current value, and to make sure that the decedent’s heirs or beneficiaries receive the inheritance to which they are entitled.

How Does Probate Work in Missouri?

How probate in Missouri works is described in the Missouri Revised Statutes, Title XXXI, Chapter 473. There are several different ways that probate can work, depending on the size or complexity of the estate, when the decedent died, and several other factors. There are streamlined processes such as a “small estate”, or various types of “refusals” that are also available in certain circumstances that allow for a quicker, simpler version of probate. We have a substantial amount of information on our website regarding the different types of probate cases, when they apply, and how they work.

If a full estate administration is necessary, the following is a brief overview of the process:

• The person who desires to be in charge of the probate estate files an application with the Probate Court to act as the “personal representative” (also called “executor”) of the estate. When approved by the Probate Court, that person must comply with certain responsibilities established in the Missouri Probate Code.
• The personal representative must ensure that notices are either sent, or published in the paper, for the benefit of heirs, beneficiaries, and/or creditors. Additionally, he or she must also publish the opening of probate in a local newspaper in order to be sure all interested parties receive notification, particularly creditors.
• The personal representative must provide the court an inventory and appraisal of all property contained in the probate estate.
• The personal representative must make sure the property is kept safe.
• When the court closes probate, the personal representative is responsible for distributing the property to those entitled to receive it, such as heirs or beneficiaries.
• The personal representative must file an accounting with the court at least annually, and at the closing of the estate, verifying that debts and taxes have been paid and property has been appropriately distributed.

Probate Timeline at a Glance (Missouri)

Every estate is different, but most probate cases follow the same core milestones. As a general rule, a “typical” probate administration often takes at least 8 months, and it can take longer if real estate must be sold, creditor issues arise, or family disputes occur.

Just some milestones for full probate cases:

1. Open the case by petitioning the court to appoint a Personal Representative.
2. Send/publish required notices to interested parties and creditors.
3. Inventory & appraise probate assets (what’s in the estate and what it’s worth).
4. Manage estate property (secure assets; sometimes sell real estate or liquidate accounts).
5. Pay valid debts or have a hearing to determine which creditors to pay;
6. Pay taxes. Usually the Estate, and the decedent, may each owe taxes, and the personal representative should handle required paperwork/accountings.
7. Distribute inheritances to heirs/beneficiaries once the court allows closing.
8. Close the estate with final filings and court approval.

For the detailed step-by-step version, see our Probate Estate Administration page.

How Long Does Probate Take?

A person interested in serving as personal representative must first research attorneys, hire one, decide what type of case should be filed (regular estate, small estate, refusal of letters, determination of heirship), and if filing a full estate, that attorney would assist their client in getting appointed as personal representative, which can take some time. Once appointed, the personal representative must file an inventory and appraisement detailing what the probate assets are, and then publish notice in the paper. Under Missouri law, creditors have six months from the date of publication to file a claim against the estate. After the notice period is over, a final settlement (accounting) must be filed, which usually must sit on the judge’s desk for 30 days before it can be ruled on. if all estate matters are otherwise concluded, the probate estate can be closed within about 60 days after the judge’s signature. Therefore, if it were to theoretically take:

(1) one month to hire an attorney and file the case, and

(1) one month to run publication and file an inventory; and

(6) six month creditor period after publication that cannot be waived, and

(1) one month after filing final settlement, assuming it was filed as soon as possible,

and

(1) one month to get receipts signed by heirs and close the case; then

This would be a 10 month process. This calculation of 10 months does not leave much wiggle room. Some of the above time frames could go quicker than stated, but some cannot – so overall, 10 months would be a pretty quick period of time after losing a loved one, to get a probate case complete.

Alternatively, imagine a person is grieving and does not hire an attorney immediately – but takes a few months to begin the process. Imagine there is real estate that is not quickly prepared for sale, or is not selling. Imagine that there are complication or fighting about the contents of the home, or a problem with the division of such items, or the estate sale. Picture the heirs not cooperating or signing necessary documentation. What if a bank or financial company is being difficult, is not following your instruction to liquidate an account, or is not sending requested statements? Due to many factors, it is very easy for the probate case to take longer than expected.

More on Common Issues That Can Delay Probate

Probate usually slows down when something is unclear, contested, or hard to document. Common delay triggers include:

• Missing documents (original will, titles, deeds, account statements).
• Unclear ownership (property titled incorrectly, or jointly owned in a way that still requires probate).
• Hard-to-value assets (business interests, collections, real estate needing appraisal).
• Real estate sale delays (repairs, listing time, buyer financing, closing issues).
• Creditor claims or disputes that must be addressed before closing.
• Family disagreements about who inherits what, especially personal property.
• Out-of-state heirs and signature/logistics issues.
• Incomplete inventory/accounting filings (or missed court requirements).
• Questions about who the legal heirs are (especially if there’s no will or it’s not valid).
• Banks for financial institutions not honoring your wishes, or refusing to liquidate accounts, or requiring Court orders signed by a judge before allowing you to take certain actions.

Probate Costs & Fees (Quick Overview)

Probate costs vary depending on the type of case, the assets involved, and whether anything is contested. In many estates, expenses can include:

• Court costs and filing fees
• Notice/publication costs (newspaper publication may be required in some cases)
• Bond premiums (if a bond is required)
• Appraisals/valuations (real estate and certain personal property)
• Attorney fees (often tied to complexity and time involved, or size of estate)
• Personal Representative/Executor compensation(if applicable)
• Estate Reimbursements for out of pocket expenses paid by Personal Representative or other family members
• Accounting and tax preparation (as needed)
• Property carrying costs (insurance, utilities, maintenance while the estate is open)
• Medicaid Liens – the decedent was enrolled on Medicaid during lifetime and owed the state of Missouri money upon death
• Debts and Creditors of the decedent or the estate.

For a more complete breakdown, contact our office to discuss your specific situation.

How to Avoid Probate in Missouri?

There are legal ways people can keep assets out of probate, if they take advantage of such methods while they are still alive. Some ways include creating:

• A revocable trust.
• An irrevocable trust.
• Beneficiary deeds for real estate.
• Transfer on Death (TOD) designations for vehicles or financial accounts.
• Payable on Death (POD) designations for bank or financial accounts.
• Beneficiary bill of sale (also called beneficiary transfer instrument) for tangible personal property.
• Certain types of Joint titling of property, such as joint tenants with rights of survivorship or tenancy by the entirety.

Missouri Probate FAQ

Does having a Will avoid probate?

No. A Will usually directs how probate happens, but it does not automatically keep assets out of probate. In fact, a Last Will and Testament can only be given effect inside of a Probate court.

What assets typically go through probate?

Assets may require probate when they are titled only in the decedent’s name and have no beneficiary designation and no co-owners (examples include certain bank accounts, solely owned real estate, or vehicles without a TOD beneficiary).

What assets usually do not go through probate?

Many assets bypass probate when they have a beneficiary designation, are owned in certain joint-ownership forms, or are held in a trust.

How long does probate usually take in Missouri?

For full probate estates, eight (8) months would be lighting fast; ten (10) months would be fairly quick; twelve (12) months pretty average. Estates can often take a year or more, depending on creditor issues, real estate, and disputes.

What if the estate is small?

Missouri has a small estate probate process that may be faster and simpler than a full estate administration. A small estate might only take a month or two. Learn more →

Are there alternatives to opening a full probate estate?

Yes. Depending on the facts, some estates may qualify for options like small estate or refusal of letters. Learn more →

Who can serve as the Personal Representative (Executor)?

The court appoints the Personal Representative, and the process differs depending on whether there is a Will (letters testamentary) or no Will (letters of administration). If there IS a Will, the persons named in the Will can serve. If there is a NO WILL, certain family members take priority, in a specific order, to serve as Personal Representative. Learn more →

Do I need a probate attorney?

Yes, usually so. If filing a full estate, Missouri Law requires the engagement of an attorney. For small estates and other, smaller cases, it is advisable to have an attorney. Many probate proceedings are technical and time-sensitive. If you’re unsure what type of probate applies, it’s smart to speak with a probate attorney early. Learn more →

What if it has been a long time since the person died and assets are still “stuck”?

Some situations may require different court proceedings (for example, a petition for determining legal heirs when probate wasn’t opened within one year after date of death.. Learn more →

Is there any way to transfer real estate without opening probate?

In limited situations, real estate may be transferred using an affidavit of heirship (real estate only, and certain conditions must be met). Learn more →

Can you sell real estate during probate?

Sometimes, yes—how and when depends on the type of administration and the facts of the case. (This is a great place to link to your “sell property during probate” post if you want.)

What are the best ways to avoid probate in Missouri?

Common tools include trusts, beneficiary deeds, TOD/POD designations, and certain joint-ownership strategies. Learn more →

If you have questions about this issue, a probate attorney in Springfield, MO can help you understand the legal risks and the best path forward.

These concerns can become quite complicated, but they do not have to be. Our attorneys at the Piatchek Law Firm, LLC in Springfield, Missouri are committed to helping our clients who want to save Personal Representatives, heirs, and beneficiaries from the time, stress, and hassle of probate. Whether you are an heir or beneficiary of someone who has recently died, or someone who wants to know more about avoiding probate, please contact us as soon as possible to get started.