Missouri Probate Law and How It Works

When a loved one passes away in Missouri, the court-supervised process called probate ensures that their assets—such as money, real estate, or personal belongings—end up with the rightful heirs. While this process plays a crucial role in preventing fraud and settling any debts left behind, it can also mean a delay before you receive your inheritance. Below is a clear look at how probate works in the Show-Me State, including how long it typically takes and what happens if someone dies without a will.

Understanding the Probate Steps in Missouri

1. Presenting the Will
   If the deceased had a will, the family or executor must usually submit it to the local probate court (often located in the county where the person lived) within 30 days of the death.
2. Court Appointment of an Executor
   If the will names someone as an executor (or personal representative), the court confirms that role. If no will exists, or if the will doesn’t name an executor, a judge appoints an administrator with similar duties.
3. Gathering and Valuing Assets
   The executor collects bank accounts, real estate deeds, and personal property. Appraisals might be needed for certain items so the estate’s total worth can be calculated.
4. Notifying Creditors and Heirs
   Creditors have a chance to file claims against the estate, which typically lasts at least six months in Missouri. Beneficiaries receive a notice about the proceedings, ensuring they know inheritance details.
5. Paying Debts and Taxes
   Any valid bills or taxes—such as outstanding credit card balances or real estate taxes—are settled from the estate’s funds. If the estate lacks enough cash, assets might be sold to cover obligations.
6. Distributing What’s Left
   After all debts and court fees are paid, remaining assets go to the heirs listed in the will. If there’s no will, Missouri’s intestate succession laws decide who inherits first (usually a spouse, then children, parents, or other close relatives).
7. Closing the Estate
   Once everything is settled, the executor provides final paperwork to the court. If the judge agrees, the estate is closed and beneficiaries can fully access their inheritance.

How Long Probate Can Last

At minimum, Missouri probate runs around six months because creditors have that window to submit claims. In more complicated estates—or if heirs challenge the will—resolving disputes can stretch the timeline to a year or beyond. During that period, property remains in a sort of legal limbo, and heirs generally can’t tap into their inheritance right away.

Small Estates and Living Trusts

Estates Under $40,000

If your loved one left under $40,000 worth of assets, you might be able to bypass formal probate by filing a small estate affidavit (referred to as a Petition to Dispense With Administration in Missouri). This quicker path can save time, cost, and paperwork.

Living Trusts

Assets placed in a living trust skip probate court altogether. The trust holds property, bank accounts, or other valuables, and the person setting it up (the grantor) names beneficiaries who automatically receive those assets upon death. This arrangement can lessen court involvement and legal fees.

What If There’s No Will?

When someone dies intestate (no valid will), the Missouri court follows intestate succession laws. Generally, that means a spouse and/or children inherit first. If they aren’t present, the estate goes to more distant relatives like parents, siblings, or grandparents. If absolutely no relatives can be found, the assets may eventually revert to the state. An administrator appointed by the court will handle the same probate steps: collecting property, paying debts, and distributing what remains, but guided by statutory order rather than personal instructions.

Executor Responsibilities

Executors (or administrators) handle significant tasks:

• Filing all probate documents on time
• Creating an inventory of everything the deceased owned
• Paying or settling debts and taxes
• Communicating with heirs and possibly the court about progress
• Distributing leftover assets

Missouri allows executors to claim executor compensation, typically based on a percentage of the estate’s value. However, the role can be time-consuming, especially with large or contested estates.

Estate and Inheritance Tax in Missouri

Missouri does not impose an inheritance or estate tax, though federal estate taxes may apply if the estate’s value surpasses certain thresholds (exceeding $13.6 million for 2023). If your loved one lived or owned property in another state with its own estate or inheritance tax, that could affect some distributions.

Accessing Funds Before Probate Ends

Since probate can keep heirs waiting, families often explore ways to receive funds sooner—like an inheritance advance (sometimes called a “probate loan”). If heirs need money for funeral bills, property upkeep, or other expenses, Rockpoint Probate Funding offers quick, risk-free advances in many regions. While Rockpoint may not fund Missouri estates specifically, they do serve other states. Beneficiaries can receive money almost immediately, then repay from their inheritance once the estate closes. If the estate or share doesn’t materialize, they owe nothing.

Next Steps and Final Thoughts

Navigating probate in Missouri typically involves at least six months for creditor claims, and in contested cases, it could be a year or more. Carefully following each step—filing the will (if present), notifying creditors, paying obligations, distributing assets—ensures a smooth settlement and honors your loved one’s wishes. If the estate is under $40,000 or assets are in a living trust, you might avoid or simplify probate. And if the waiting period is still too long for your financial situation, exploring inheritance advances in states where they apply might help.

Understanding these basics gives you a clearer sense of what to expect and how to plan—so you can focus on supporting your family rather than being weighed down by probate procedures.