How does probate work in Missouri?
1. Governing Code. Missouri Probate Code, Mo. Rev. Stat. Chapters 472 (general probate), 473 (decedent's estates), and 475 (guardianships). Missouri has not adopted the UPC.
2. Court. Probate Division of the Circuit Court in the county of the decedent's domicile (Mo. Rev. Stat. § 472.020).
3. Petition to Open. Application for Letters Testamentary or Letters of Administration filed by the named executor or interested person under Mo. Rev. Stat. § 473.020. Probate must be initiated within 1 year of death (Mo. Rev. Stat. § 473.050).
4. Letters Testamentary / Letters of Administration. Issued under Mo. Rev. Stat. § 473.110 after appointment, oath, and bond unless waived.
5. Notice to Creditors. Published once a week for 4 consecutive weeks in a newspaper of general circulation under Mo. Rev. Stat. § 473.033. Creditor claim deadline is 6 months from first publication (Mo. Rev. Stat. § 473.360).
6. Inventory. Filed within 30 days of issuance of Letters under Mo. Rev. Stat. § 473.233.
7. Independent Administration. Missouri offers Independent Administration under Mo. Rev. Stat. § 473.780 et seq. when authorized by the will or by consent of all heirs, allowing the personal representative to administer the estate with minimal court supervision.
8. Small-Estate Procedure. Small Estate Affidavit under Mo. Rev. Stat. § 473.097 for estates (excluding statutory allowances and exempt property) not exceeding $40,000, available 30 days after death. Refusal of Letters under § 473.090 covers estates payable to surviving spouse/minor children.
9. Closing. Independent: Statement of Account under Mo. Rev. Stat. § 473.840. Supervised: Final Settlement under Mo. Rev. Stat. § 473.587.
10. Probate Avoidance. Missouri Beneficiary Deed for real property under Mo. Rev. Stat. § 461.025 (Missouri pioneered this in 1989), revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety, POD/TOD accounts, beneficiary designations.
This is legal information, not legal advice.
- Will contest is filed within 6 months under Mo. Rev. Stat. § 473.083
- Estate exceeds the 1-year filing deadline under § 473.050
- Discovery of assets proceeding under Mo. Rev. Stat. § 473.340 is needed
- Mo. Rev. Stat. § 473.020
- Mo. Rev. Stat. § 473.097
- Mo. Rev. Stat. § 461.025
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.