Missouri Probate Information
Quick facts
| Topic | Missouri rule |
|---|---|
| Probate forum | The Probate Division of the Circuit Court handles decedent estates statewide. Missouri probate courts were folded into the circuit courts on January 2, 1979 (Mo. Const. art. V, section 27; RSMo 472.020). |
| Where to file | File where the decedent was domiciled. For a nonresident decedent, file in a Missouri county where property was left, with a real estate rule where the major part of the Missouri estate is real property (RSMo 473.010). The City of St. Louis is its own venue unit and is not in any county. |
| Filing officer | The statutory filing officer is the clerk of the probate division of the circuit court (RSMo 472.010; RSMo 483.580). A will contest is filed with the clerk of the circuit court (RSMo 473.083). |
| Authority document | Letters testamentary are issued when there is a will. Letters of administration are issued when there is no will (RSMo 472.010). |
| Attorney rule | A personal representative who is not a lawyer cannot appear in court except through an attorney, but may prepare and file their own inventories and settlements (RSMo 473.153). |
| Small estate | Available after thirty days when the entire estate, less liens, debt and encumbrances, is capped at $40,000 (RSMo 473.097, effective August 28, 2002). The affidavit needs the clerk's certificate. |
| Refusal of letters | Surviving spouse or unmarried minor children path has no dollar limit. Creditor path is limited to a $15,000 personal estate when there is no surviving spouse or unmarried minor child (RSMo 473.090). |
| Claims clocks | Creditors have six months from first published notice of letters, or two months from mailed or served notice, whichever is later (RSMo 473.360). Separately, claims are barred one year after death whether or not an estate was opened (RSMo 473.444). |
| Court costs | The statewide component is $115 when original letters are applied for, plus $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, capped at $565.00, with one certified copy included (Court Operating Rule 21.01, effective September 1, 2023). Counties add statutory local surcharges to the state components. |
| E-filing | Attorneys use the Missouri eFiling System. A self-represented filer is never required to e-file and may use the system only for filing types opened to self-represented litigants (Court Operating Rule 27.03). The original will is delivered to the probate division on paper (RSMo 474.510). |
| Forms | Missouri publishes statewide PR probate forms, including small estate, refusal of letters, heirship and spousal election forms. FI-50 is required on each case. |
| Case search | Case.net is Missouri's public case search. Probate is one of its case type categories, and public documents filed on or after July 1, 2023 may be viewable from the docket entries. |
| Taxes | Missouri imposes no estate tax and requires no Missouri estate tax return for deaths on or after January 1, 2005 (RSMo 145.011; Missouri Department of Revenue). Missouri has no inheritance tax. The federal estate tax exclusion is $15 million per individual for 2026 deaths. |
Before you begin — know the assets and liabilities
Before choosing a Missouri probate route, identify what the decedent owned, how each asset was titled, what liens and debts exist, and whether a beneficiary deed, joint tenancy or tenancy by the entirety removes property from the probate estate. That asset picture controls whether a family can use a small estate affidavit, a refusal of letters, independent administration or a full supervised administration.
Sunset's estate settlement tools help families search across 2,300 institutions for accounts and assets before the filing is prepared. In Missouri that matters because the small estate affidavit requires an itemized description and valuation of property, and the inventory later affects both administration and court costs.
Which court handles probate
Missouri decedent estates are handled in the Probate Division of the Circuit Court, not in a separate statewide probate tribunal. Missouri abolished its probate courts on January 2, 1979 and transferred their jurisdiction to the circuit courts, where probate became a division (Mo. Const. art. V, section 27). RSMo 472.020 gives the probate division authority over probate business, letters testamentary and letters of administration, settlements of personal representatives' accounts, real estate sales by personal representatives, determination of heirship and related matters.
Venue is statewide and direct: the will is probated and letters are granted in the county where the decedent was domiciled (RSMo 473.010). If the decedent was not domiciled in Missouri, venue lies in a Missouri county where property was left, with a special rule when the major part of the Missouri estate is real estate. After letters are granted, all orders, settlements, trials and other estate proceedings occur in the county where the letters were granted (RSMo 473.010). The City of St. Louis is an independent city, not part of any county, and is its own probate venue unit.
Missouri has forty-six judicial circuits (RSMo 478.011). A circuit can include one jurisdiction or multiple counties, but a shared circuit does not create a shared courthouse or a shared probate counter. Depending on the county, the judicial officer who hears the estate is a circuit judge assigned to the probate division or an associate circuit judge exercising probate jurisdiction, and in the largest circuits a commissioner or deputy commissioner may act (Mo. Const. art. V, section 27; RSMo 478.265; RSMo 478.266). Check the probate division's own page for the local judicial office and division number.
The probate process
- Inventory the asset picture first. Identify bank and investment accounts, vehicles, debts, liens, real estate, beneficiary deeds, joint tenancy and tenancy by the entirety property. A recorded beneficiary deed can remove a house from the probate estate (RSMo 461.025), and property held as a tenant by the entirety or joint tenant is excluded from the small estate valuation (RSMo 473.097).
- Find and deliver the original will. After death, the person with custody of the will must deliver it to the probate division with jurisdiction over the estate or to the probate division in the county where the will is found (RSMo 473.043). The original will is delivered on paper even when other filings are made electronically (RSMo 474.510).
- Choose the correct venue. File where the decedent was domiciled, or use the nonresident property rule if the decedent was not domiciled in Missouri (RSMo 473.010). For the City of St. Louis, the city itself is the venue unit.
- Choose the route. The statewide options are supervised administration, independent administration, refusal of letters, small estate affidavit, determination of heirship after a year has passed, or filing authenticated foreign appointment papers for Missouri property of an out-of-state estate (RSMo 473.010; RSMo 473.090; RSMo 473.097; RSMo 473.663; RSMo 473.676; RSMo 473.780).
- File with the clerk of the probate division of the circuit court, with the FI-50 filing information sheet for a new case. A will contest is the exception: it is filed with the clerk of the circuit court (RSMo 473.083).
- Pay the court cost. The statewide component is $115 when original letters are applied for in a decedent's estate, plus $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, capped at $565.00, with one certified copy included (Court Operating Rule 21.01, effective September 1, 2023). Counties add statutory local surcharges to the state components.
- Receive the authority document. With a will, the authority document is letters testamentary. Without a will, it is letters of administration. If independent administration is authorized, that authority is written into the letters (RSMo 472.010; RSMo 473.780).
- Publish and give notice. As soon as letters issue, the clerk publishes notice of appointment and notice to creditors once a week for four consecutive weeks, mails notice to heirs and devisees shown in the court's records, and files proof within ten days after publication is complete (RSMo 473.033). The personal representative may, but is not required to, mail or serve notice on unpaid creditors.
- File the inventory. Within thirty days after letters are granted, unless the court grants more time, the personal representative files an inventory and appraisement of the decedent's property, including exempt property (RSMo 473.233). The final inventory value also drives the additional court cost under Court Operating Rule 21.01.
- Handle claims. Creditors have six months from the first published notice of letters, or two months from mailed or served notice, whichever is later (RSMo 473.360). A separate one year bar runs from the date of death whether or not anyone opened an estate (RSMo 473.444).
- Address spouse and family protections. Exempt property passes absolutely and without regard to value (RSMo 474.250). A support allowance can last up to one year and is set as a reasonable money allowance (RSMo 474.260). A homestead allowance is capped at $15,000 and fifty percent of the estate value after excluding exempt property and the support allowance (RSMo 474.290).
- Settle and close the estate. An independent personal representative may complete administration after six months and ten days from first published notice by filing a statement of account, giving required notice, waiting through the objection period and then distributing if no objection is filed (RSMo 473.840). A supervised estate closes through court approved final settlement.
- Record real estate documents where needed. A small estate affidavit and clerk's certificate, a refusal of letters order, or a determination of heirship decree must be recorded in the recorder of deeds office in each county where the described Missouri real property is located (RSMo 473.090; RSMo 473.097; RSMo 473.663).
Types of probate
| Path | When it fits | Core Missouri rule |
|---|---|---|
| Supervised administration | The default full administration when a personal representative is needed and independent administration is not authorized. | The court grants letters testamentary or letters of administration, the clerk publishes notice, the inventory is due within thirty days after letters unless extended, claims run against the statutory clocks, and the court supervises settlement (RSMo 473.010; RSMo 473.033; RSMo 473.233; RSMo 473.360; RSMo 473.444). |
| Independent administration | The will authorizes it, or all interested heirs and devisees consent and the will does not prohibit it. | Independent administration is written into the letters. It is authorized by the will or by unanimous consent, not by a later checkbox. It can close after six months and ten days from first published notice through a statement of account, with no discharge order if no proceeding is filed within six months after that statement (RSMo 473.780 through 473.840). |
| Refusal of letters for surviving spouse or unmarried minor children | The estate is not greater than exempt property plus the one year support allowance. | There is no dollar limit on this path. Exempt property is a list taken without regard to value, and the support allowance is a reasonable money allowance (RSMo 473.090; RSMo 474.250; RSMo 474.260). No personal representative is appointed. |
| Refusal of letters for a creditor | There is no surviving spouse or unmarried minor child, and the personal estate is capped at $15,000. | A creditor whose claim is not already barred may apply by giving bond of at least the value of the estate, unless the court dispenses with bond. A person who paid funeral expenses or debts of the decedent is treated as a creditor for this purpose (RSMo 473.090). |
| Small estate affidavit | Thirty days have passed since death, no letters or refusal proceeding is pending or granted, and the entire estate less liens, debt and encumbrances is capped at $40,000. | The $40,000 limit is a net test on the entire estate, personal and real, effective August 28, 2002. Bond is the statutory default, with discretionary waiver. The clerk's certificate is attached to the affidavit. If the listed property is more than $15,000, the clerk causes publication once a week for two consecutive weeks (RSMo 473.097). |
| Determination of heirship | No Missouri administration was started within one year after death, and no will was presented within the statutory period. | A person claiming as heir or through an heir petitions the probate division that would have been proper venue. Notice is published once a week for four consecutive weeks, and a certified copy of the decree is recorded where described real estate is located (RSMo 473.663). |
| Missouri property of a nonresident decedent | A domiciliary foreign personal representative needs authority over Missouri property, and no Missouri administration or application is pending. | The foreign personal representative may file authenticated copies of the appointment and any official bond in a Missouri county where property is located, then has the powers of a local personal representative as to Missouri assets (RSMo 473.676; RSMo 473.677). |
Executor duties
Executor duties in Missouri
Missouri uses personal representative as the umbrella term for an executor or administrator (RSMo 472.010). The core duties are to gather the probate assets, protect them, file the inventory, address notice and claims, pay valid debts and expenses in the proper order, distribute to the persons entitled, and settle the estate's accounts.
| Duty | Missouri rule |
|---|---|
| Act through counsel for court appearances | A personal representative who is not a lawyer cannot appear in court except through an attorney, but may prepare and file their own inventories and settlements (RSMo 473.153). |
| Inventory the estate | The inventory and appraisement are due within thirty days after letters are granted unless the court allows more time (RSMo 473.233). |
| Handle creditor notice | The clerk publishes notice of letters once a week for four consecutive weeks. The personal representative may mail or serve notice on unpaid creditors, which can trigger the two month creditor period if later than the six month publication period (RSMo 473.033; RSMo 473.360). |
| Track the one year bar | Claims are barred one year after death whether or not an estate was opened and whether or not the creditor had notice (RSMo 473.444). |
| Address family entitlements | Exempt property, support allowance and homestead allowance can come ahead of ordinary distributions (RSMo 474.250; RSMo 474.260; RSMo 474.290). |
| Account and close | Independent administration can close through a statement of account after six months and ten days from first published notice, with the statutory notice and objection procedure (RSMo 473.840). Supervised administration closes through court approved settlement. |
Forms and documents
Probate forms in Missouri
Missouri publishes a statewide PR form set for common probate filings. The set is strongest for the routes a non-lawyer can actually use because they do not appoint a personal representative: small estate affidavit, refusal of letters, determination of heirship and spousal election. There is no statewide form for opening a full administration.
| Form | Title | Use |
|---|---|---|
| FI-50 | Confidential case filing information sheet, probate and non-domestic relations | Required on each case filed. |
| PR 16 | Affidavit to establish title of distributee, small estate, intestate | For a distributee collecting a small estate when there is no admitted will, using the $40,000 net entire-estate limit (RSMo 473.097, effective August 28, 2002). |
| PR 22 | Exhibit A | Property schedule used with small estate, refusal of letters, amended refusal order and heirship filings. |
| PR 26 | Exhibit B, heirs | Heirs schedule used with the intestate small estate affidavit and the heirship petition. |
| PR 23 | Application of creditor for refusal of letters | For a creditor where the personal estate is capped at $15,000 and there is no surviving spouse or unmarried minor child (RSMo 473.090). |
| PR 25 | Application of unmarried minor children for refusal of letters | For transferring property to the decedent's unmarried minor children where there is no surviving spouse (RSMo 473.090). |
| PR 33 | Application of surviving spouse for refusal of letters | For transferring property to the surviving spouse under the refusal of letters path, which has no dollar limit (RSMo 473.090). |
| PR 30 | Application to amend order refusing letters | Used when an existing refusal order needs to be changed, commonly after additional assets are found. |
| PR 28 | Petition for determination of heirship | For the after-a-year heirship route (RSMo 473.663). |
| PR 75 | Election of surviving spouse | For a surviving spouse rejecting the will and taking the statutory share instead (RSMo 474.160). |
The forms page also describes an affidavit to establish title of distributee for a testate small estate, for a legatee collecting under a will that has been admitted to probate, but lists no numbered form for it. Ask the probate division where the estate will be filed for that instrument by its title.
Some circuits publish their own packets, checklists or versions of the same instruments. If the local probate division requires a local packet or cover sheet, use the local requirement together with the statewide rule.
Fees
Missouri court costs have two layers. The statewide components are set by the Supreme Court of Missouri in Court Operating Rule 21.01, effective September 1, 2023. Counties then add statutory local surcharges, so the total collected at the counter comes from the county's published schedule rather than from a single Missouri total.
| Cost item | State component | Authority |
|---|---|---|
| Original letters in a decedent estate | $115, including one certified copy of the letters, plus $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000. Total fees under this provision are capped at $565.00. | Court Operating Rule 21.01, effective September 1, 2023 |
| Each additional twelve months a decedent estate remains open | $30 until the final settlement is filed. | Court Operating Rule 21.01, effective September 1, 2023 |
| Refusal of letters | $35, including one certified copy of the order. | Court Operating Rule 21.01; RSMo 473.090 |
| Small estate | $35, including one certified copy of the order. | Court Operating Rule 21.01; RSMo 473.097 |
| Determination of heirship | $35, including one certified copy of the order. | Court Operating Rule 21.01; RSMo 473.663 |
| Admit a will to probate | $35. | Court Operating Rule 21.01; RSMo 473.050 |
| Deposit a will during life | $3. | Court Operating Rule 21.01; RSMo 474.510 |
| Copies not otherwise covered | $1 per copied page and $1.50 per seal in a certified or authenticated copy. | Court Operating Rule 21.01, effective September 1, 2023 |
The additional charge tied to final inventory value is the cost many families miss. The amount paid when letters are first requested is not necessarily the estate's final court cost, because the inventory later measures the add-on under Court Operating Rule 21.01. Court costs are separate from publication charges, attorney compensation, personal representative compensation, appraisal costs, taxes and expenses of preserving or selling property.
Missouri also has a statutory minimum compensation schedule for both the personal representative and the estate's attorney. On the first $5,000, the rate is 5 percent; on the next $20,000, 4 percent; on the next $75,000, 3 percent; on the next $300,000, 2 3/4 percent; on the next $600,000, 2 1/2 percent; and on all over $1,000,000, 2 percent (RSMo 473.153). These are minimums, not caps, and the attorney is allowed the same percentages as a minimum (RSMo 473.153).
Timeline
- After death, the person with custody of the will must deliver it to the probate division with jurisdiction over the estate or to the probate division in the county where the will is found (RSMo 473.043).
- Thirty days after death, a small estate affidavit may be available if the entire estate less liens, debt and encumbrances is capped at $40,000 (RSMo 473.097, effective August 28, 2002).
- Within one year after death, an application for letters of administration must be made, subject to limited statutory exceptions (RSMo 473.050).
- A will must be presented within the statutory window. If notice of letters has been published, the period is tied to six months after first publication, or thirty days after a will contest begins, whichever is later. If no notice of letters has been published, the period is one year after death (RSMo 473.050).
- When letters issue, the clerk publishes notice once a week for four consecutive weeks and files proof of publication and mailing within ten days after publication is complete (RSMo 473.033).
- Within thirty days after letters are granted, the personal representative files the inventory and appraisement unless the court grants more time (RSMo 473.233).
- Creditors have six months from the first published notice of letters, or two months from mailed or served notice, whichever is later (RSMo 473.360).
- Claims are barred one year after death whether or not an estate was opened and whether or not the creditor had notice (RSMo 473.444).
- An independent estate can complete administration after six months and ten days from the first published notice by filing the statement of account and following the notice and objection procedure (RSMo 473.840).
- A homestead allowance is deemed waived if no application is filed within ten days after the time allowed for filing claims expires (RSMo 474.290).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters |
|---|---|
| The probate division is part of the circuit court | Missouri defines probate court to mean the probate division of the circuit court (RSMo 472.010). The first question is not which separate court to use, but which county or the City of St. Louis has venue. |
| Who hears the case can differ by county | Depending on the county, a circuit judge assigned to the probate division or an associate circuit judge exercising probate jurisdiction hears the estate. In the largest circuits, a commissioner or deputy commissioner may act (Mo. Const. art. V, section 27; RSMo 478.265; RSMo 478.266). |
| The City of St. Louis is not in a county | The City of St. Louis is an independent city, not part of St. Louis County, and has its own probate division and judicial circuit. St. Louis County is a separate venue with its courthouse in Clayton. |
| The clerk role is specific | Most estate filings go to the clerk of the probate division (RSMo 472.010). A will contest is different: the petition is filed with the clerk of the circuit court, which then notifies the probate division (RSMo 473.083). |
| Two no-letters routes matter more in Missouri | Small estate affidavit and refusal of letters appoint no personal representative, so the court-appearance rule for a non-lawyer personal representative does not apply to them (RSMo 473.090; RSMo 473.097; RSMo 473.153). |
| Beneficiary deeds are common | A beneficiary deed recorded before death can transfer Missouri real estate outside the probate estate and can change whether the $40,000 small estate route is available (RSMo 461.025; RSMo 473.097, effective August 28, 2002). |
Small-estate alternatives
Missouri's small estate affidavit is available only after thirty days have passed since death and no application for letters, administration or refusal of letters is pending or granted. The limit is a net, entire-estate test: the value of the entire estate, less liens, debt and encumbrances, is capped at $40,000 (RSMo 473.097, effective August 28, 2002). It is not a personal property only test.
The statute makes bond the default. The bond must be at least the value of the personal property, but the court may dispense with it if the court finds it unnecessary (RSMo 473.097). The affidavit must itemize and value the property, list people holding it, identify the distributees and state that debts, claims and any estate taxes due have been or will be paid, with the affiant's liability limited to the value received.
The clerk's certificate is central. The certificate is attached to or endorsed on the affidavit, shows who is entitled to the described property, and states whether a will has been probated or no will was presented and that estate taxes, if any, have been paid (RSMo 473.097). For real estate, the distributees establish title by filing the affidavit and clerk's certificate in the recorder of deeds office of each county where the real property is located (RSMo 473.097).
If the value of the property listed in the affidavit is more than $15,000, the clerk causes notice to creditors to be published once a week for two consecutive weeks, and proof of publication must be filed within ten days after publication is complete (RSMo 473.097). A small estate affidavit appoints no personal representative, so RSMo 473.153 does not bar the affiant from filing it without being a lawyer.
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| Court Operating Rule 21.01 sets the statewide probate court cost components, including $115 for original letters, the $50 final inventory add-on for each additional $50,000 above $50,000 up to $500,000, the $565.00 cap, $35 items for refusal of letters, small estate and heirship, and $35 to admit a will. | September 1, 2023 | Court Operating Rule 21.01 |
| Case.net remote public access allows the public to view, download and print certain public case documents filed on or after July 1, 2023. | July 1, 2023 | Missouri Judiciary remote public access guidance |
| Court Operating Rule 27.03 provides that electronic filing is not required for self-represented filers. | October 1, 2019 | Court Operating Rule 27.03 |
| The small estate limit is a $40,000 net test on the entire estate, personal and real, less liens, debt and encumbrances. | August 28, 2002 | RSMo 473.097 |
| No Missouri estate tax is imposed and no Missouri estate tax return is needed for deaths on or after January 1, 2005. | Deaths on or after January 1, 2005 | RSMo 145.011; Missouri Department of Revenue |
| The federal estate tax exclusion is $15 million per individual. | 2026 deaths | IRS estate tax filing threshold table |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Missouri path | Key cautions | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with co-owned home | First check title. A tenancy by the entirety can pass the home outside probate. If the remaining estate fits the spouse refusal of letters path, the spouse can seek refusal of letters with no dollar limit because the measure is exempt property plus the support allowance (RSMo 473.090; RSMo 474.250; RSMo 474.260). | If real property is included in the refusal order, a certified copy of the order must be recorded where the property sits (RSMo 473.090). The spouse may also need to consider exempt property, support allowance, homestead allowance capped at $15,000 (RSMo 474.290), and election against a will (RSMo 474.160). | Sunset helps identify accounts, deeds and beneficiary designations before the spouse chooses refusal of letters, small estate, or a full administration. |
| Out-of-state adult child with small estate | If thirty days have passed and the entire estate less liens, debt and encumbrances is capped at $40,000, the child may use a small estate affidavit (RSMo 473.097, effective August 28, 2002). If the child paid funeral expenses and there is no surviving spouse or unmarried minor child, the creditor refusal path may apply when the personal estate is capped at $15,000 (RSMo 473.090). | The clerk's certificate attached to the affidavit is the operative document. Bond is the default, with discretionary waiver. Real estate requires recording the affidavit and certificate where the property sits (RSMo 473.097). If the parent was domiciled elsewhere and a foreign administration exists, authenticated foreign appointment papers may be filed in Missouri for Missouri property (RSMo 473.676; RSMo 473.677). | Sunset helps search for accounts and prepare the asset list that the affidavit must itemize and value. |
| Parent settling predeceased child's estate, home must be sold | If the child left no surviving spouse and no children or descendants, a parent may be in the intestacy line (RSMo 474.010). A home sale usually points to a full administration with letters, unless all required people can use independent administration and the will does not prohibit it (RSMo 473.780). | A non-lawyer personal representative cannot appear in court except through an attorney, though they may prepare and file inventories and settlements (RSMo 473.153). The attorney and personal representative compensation schedule may affect sale budgeting (RSMo 473.153). If more than a year passed with no administration and no timely presented will, determination of heirship may be the route (RSMo 473.663). | Sunset helps assemble the asset and debt picture needed for the inventory, sale planning and estate settlement timeline. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Missouri Judiciary probate forms | Statewide PR forms and the FI-50 filing information sheet are published on the Judiciary's probate forms page. | https://www.courts.mo.gov/ |
| Case.net | Public case search for Missouri courts. Probate is a case type category, and public documents filed on or after July 1, 2023 may be available from docket entries. | https://www.courts.mo.gov/casenet/ |
| Missouri Revisor of Statutes | Official RSMo and Missouri Constitution text, with section effective dates. | https://revisor.mo.gov/ |
| Court Operating Rule 21.01 | The Supreme Court of Missouri's court cost schedule, effective September 1, 2023, published on the Judiciary's site. | https://www.courts.mo.gov/ |
| Missouri eFiling System | The Missouri eFiling System entry point. The Judiciary's e-filing help explains self-represented paper practice and the original-will-on-paper rule. | https://www.courts.mo.gov/ecf |
| The Missouri Bar, Probate Law Resource Guide | A 2024 consumer guide from The Missouri Bar. It is a bar publication, not a court checklist. | https://missourilawyershelp.org/wp-content/uploads/2024/03/Probate-Guide-Updated-2024.pdf |
| Missouri Free Legal Answers | Free online answers to up to three non-criminal legal questions per year for financially eligible Missourians. | https://missouri.freelegalanswers.org/ |
| The Missouri Bar Legal Resource phone line | Legal resource phone line at (573) 636-3635. | https://missourilawyershelp.org/ |
| Legal Services of Missouri | Umbrella site for Missouri's four civil legal aid programs, with service area information and program offices. | https://www.lsmo.org/ |
| Missouri Department of Revenue estate tax page | The Department's statement that no Missouri estate tax is imposed for deaths on or after January 1, 2005. | https://dor.mo.gov/taxation/individual/tax-types/estate.html |
When to hire an attorney
Missouri's attorney rule is statutory, not just practical. A personal representative who is not a lawyer cannot appear in court except through an attorney, although the personal representative may prepare and file their own inventories and settlements (RSMo 473.153). That is why most full supervised administrations and independent administrations with court appearances are handled with counsel, while a small estate affidavit and refusal of letters appoint no personal representative and can be filed without triggering that court-appearance rule. Missouri also recognizes limited scope representation, so a lawyer may handle defined tasks such as preparing documents or appearing for an uncontested matter. Sunset connects families to a vetted local probate attorney at no cost.
How Sunset helps in Missouri
Find the accounts and assets. Sunset searches across 2,300 institutions to help families find accounts, policies and assets before they choose a Missouri route. That matters because the $40,000 small estate test is based on the entire estate less liens, debt and encumbrances (RSMo 473.097, effective August 28, 2002), and a beneficiary deed or joint title can change the estate settlement path.
Generate the probate packet. Sunset helps organize the information needed for the Missouri forms and filings, including asset lists, debts, heirs, distributees, property descriptions and the documents a probate division will expect. The goal is a cleaner estate settlement packet before the family contacts the local probate division or attorney.
Find a local probate attorney. In Missouri, a non-lawyer personal representative cannot appear in court except through an attorney (RSMo 473.153). Sunset connects families with a vetted local probate attorney when the estate needs full administration, independent administration support, a real estate sale, or a court appearance.
Sunset is free for families. Sunset does not charge families for asset discovery, probate packet generation or attorney matching. Families can use Sunset to understand the Missouri process, organize the estate, and decide what help they need next.
Frequently asked questions
Which court handles probate in Missouri?
The Probate Division of the Circuit Court handles Missouri decedent estates. Missouri transferred probate court jurisdiction into the circuit courts on January 2, 1979, where probate became a division (Mo. Const. art. V, section 27; RSMo 472.020). Missouri law defines probate court to mean the probate division of the circuit court (RSMo 472.010).
Where do I file probate in Missouri?
File in the county where the decedent was domiciled (RSMo 473.010). If the decedent was not domiciled in Missouri, file in a Missouri county where property was left, with a special rule when the major part of the Missouri estate is real estate. The City of St. Louis is its own venue unit and is not in any county.
Do I need a lawyer to do probate in Missouri?
A personal representative who is not a lawyer cannot appear in court except through an attorney, but may prepare and file their own inventories and settlements (RSMo 473.153). A small estate affidavit and refusal of letters appoint no personal representative, so that court-appearance rule does not reach those no-letters routes. Limited scope representation can be a middle option for defined tasks.
What is the small estate limit in Missouri?
The small estate limit is $40,000, measured as the entire estate less liens, debt and encumbrances (RSMo 473.097, effective August 28, 2002). Thirty days must have passed since death, bond is the statutory default with discretionary waiver, the clerk's certificate is attached to the affidavit, and property listed at more than $15,000 triggers two consecutive weeks of publication by the clerk (RSMo 473.097).
What is a refusal of letters in Missouri?
Refusal of letters is a Missouri no-letters order (RSMo 473.090). The surviving spouse or unmarried minor children path has no dollar limit because it is measured by exempt property plus the support allowance. The creditor path applies only when there is no surviving spouse or unmarried minor child and the personal estate is capped at $15,000. A person who paid funeral expenses or debts of the decedent is treated as a creditor for this purpose (RSMo 473.090).
How long do creditors have to file a claim against a Missouri estate?
Missouri runs two clocks. In an opened estate, creditors have six months from first published notice of letters, or two months from mailed or served notice, whichever is later (RSMo 473.360). Separately, claims are barred one year after death whether or not an estate was opened and whether or not the creditor had notice (RSMo 473.444).
How much does probate cost in Missouri?
The statewide component is $115 when original letters are applied for, plus $50 for each additional $50,000 of final inventory value above $50,000 up to $500,000, capped at $565.00, with one certified copy included (Court Operating Rule 21.01, effective September 1, 2023). Counties add statutory local surcharges to those state components. Also budget for publication, attorney fees, personal representative compensation, appraisal costs and sale costs where they apply. Missouri's statutory minimum compensation schedule for both the personal representative and the estate's attorney starts with 5 percent on the first $5,000 (RSMo 473.153).
Can I file probate electronically in Missouri?
Attorneys use the Missouri eFiling System. A self-represented filer is never required to e-file and may use the system only for filing types the statewide automation system opens to self-represented litigants (Court Operating Rule 27.03). The Judiciary's e-filing guidance says most pleadings filed by self-represented litigants are filed in paper format, and the original will must be delivered to the probate division on paper (RSMo 474.510). Ask the probate division where the estate will be filed how it accepts the specific filing.
Can I look up a Missouri probate case online?
Yes. Case.net is Missouri's public case search, and probate is one of its case type categories, covering estates, guardianships, conservatorships, trusts and wills on deposit. Mental health cases in the probate division are not public. Public documents filed on or after July 1, 2023 may be available from the docket entries, while older documents are requested from the local court.
Does Missouri have an estate tax or inheritance tax?
Missouri imposes no estate tax and requires no Missouri estate tax return for a death on or after January 1, 2005 (RSMo 145.011; Missouri Department of Revenue). Missouri has no inheritance tax. The federal estate tax exclusion is $15 million per individual for 2026 deaths.
What happens if nobody opened probate in Missouri within a year?
Ordinary letters of administration are generally unavailable unless application is made within one year after death (RSMo 473.050). If no administration was started within that year and no will was timely presented, a person claiming as heir or through an heir may use determination of heirship in the probate division that would have had venue (RSMo 473.663).
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Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.