Understanding the Probate Process in Missouri: A Quick Overview

We understand that the loss of a loved one is an emotionally draining time, and the intricacies of probate law in Missouri may be the farthest thing from your mind. While we hope you don’t need this information anytime soon, we are here to help you pull back the curtain on the complexities of the probate process in Missouri.

What is Probate?

At its most basic, probate refers to the legal process in which a deceased person’s assets—known as their “estate”—are distributed to their heirs or beneficiaries according to their last will and testament. If the deceased did not leave a will, the estate will be distributed under Missouri’s intestacy laws. Intestacy laws are essentially the default rules for the distribution of your probate estate if you do not have a will.

The Probate Process in Missouri

The probate process in Missouri generally involves the following steps:

  1. Submitting the Will to the Court: The first step is submitting the original will, if one exists, and a copy of the death certificate to the probate court.
  2. Appointment of the Personal Representative: The court will appoint an executor (if named in the will) or an administrator to oversee the probate process.
  3. Inventory and Appraise the Estate: The executor or administrator will then gather and appraise the deceased’s assets.
  4. Pay Debts and Taxes: Before any distributions can be made, the deceased’s valid and filed debts and taxes must be paid from the assets of the estate. Importantly, creditors (like credit card companies and health care companies) cannot be paid, in most cases, unless they file a claim through an attorney in an open full probate estate administration.
  5. Distribution of the Estate: Once debts and taxes have been paid, the remaining assets can be distributed to the specified heirs or beneficiaries.

When is Probate Necessary in Missouri?

Probate is not always necessary. This is because property can transfer automatically outside of the probate system through tools like beneficiary designations on your IRAs and 401Ks, transfer-on-death designations on your cars and bank accounts, and a transfer-on-death beneficiary deed regarding real estate, among other methods. Additionally, property held jointly with a right of survivorship will automatically pass to the surviving owners of that property, if any. Lastly, assets held in a trust do not require probate.

As a result, the only property requiring probate is property that is (1) left in the deceased person’s name or is payable to the deceased person’s name (like most checks or refunds, etc.), and (2) the property has no legal method for automatically transferring.

Short Form Probate

In addition, even if probate is necessary, there are a few methods for significantly shortening the probate process. If the assets of the estate are under $40,000, a Small Estate Affidavit can often be filed. The assets and heirs must still be shown to the court, but no full period of administration is required, and small estates can often be resolved in a matter of weeks.

If the assets are over $40,000 but it has been longer than 1 year since the death of the deceased person, Missouri allows other expedited processes like a Determination of Heirship, which can allow the family to probate assets through a (usually) very brief court hearing.

Additionally, if after a year real estate is the sole asset and the heirs are not in dispute, it can also be possible to use an Affidavit of Heirship recorded with the recorder of deeds’ office to reflect a transfer of the real property to the heirs at law.

Conclusion

If you’re struggling with the death of a loved one and need to understand your options, give us a call. At Schnurbusch Law, a huge part of our practice is dedicated to helping families administer the estates of their loved ones after they pass away.

Picture of Dan Schnurbusch

Dan Schnurbusch

Dan is the owner of Schnurbusch Law, an estate planning and probate law firm in the St. Louis and St. Charles areas of Missouri.

Share:

More Posts

Create an image that depicts a calm and supportive scene focusing on the theme of navigating financial responsibilities after losing a loved one. The image should include a diverse group of people (e.g., a middle-aged woman, an elderly couple, and a young adult) sitting together at a dining table, discussing paperwork like estate documents and bills in a somber yet hopeful atmosphere. Soft lighting should create a warm environment, with a background that suggests a cozy home. Include elements like a laptop, a legal book, or a pen to indicate the process of managing estate finances and seeking legal guidance. The overall feeling should convey a sense of unity, understanding, and support during a challenging time.
Dan Schnurbusch

Should I pay my deceased loved one’s bills in Missouri?

Losing a loved one brings emotional challenges, and understanding financial obligations can feel daunting. This blog post explores the question, “Am I responsible for paying my deceased loved one’s bills?” Discover how Missouri law typically places debt responsibility on the deceased’s estate, not their family members. Learn about the probate process, the executor’s role in managing debts, and how to protect yourself while navigating this complex situation. Gain clarity and peace of mind during this difficult time by understanding your rights and responsibilities.

Read More »
judge signing on the papers
Dan Schnurbusch

What Happens If You Die Without a Will in Missouri?

Discover what happens when someone dies without a will in Missouri. In this informative post, we explore the intricacies of intestate succession laws, the probate process, and common challenges faced by families. Understand your rights as an heir, learn about navigating the court system, and discover proactive steps you can take to prevent intestacy altogether. Equip yourself with the knowledge needed to manage an intestate estate effectively and ensure your loved ones are prepared for the future.

Read More »
Create an image that visually represents the concept of the probate process in Missouri. The image should feature a clock with its hands indicating a six-month duration, symbolizing the typical timeline for probate. Include a backdrop of Missouri's outline, subtly integrated into the design. Surround the clock with icons or illustrations representing key steps in probate, such as a filing cabinet for documentation, a scales of justice, a house to symbolize property, and a family tree to represent beneficiaries. The overall color scheme should be professional and calming, utilizing shades of blue and green to evoke trust and clarity.
Dan Schnurbusch

How Long Does Probate Take in Missouri? A Complete Guide

Navigating the probate process in Missouri can be daunting, especially when you’re left wondering, “How long will probate take?” In this comprehensive guide, we outline the typical timeline for probate in Missouri, factors that may cause delays, and practical steps to help streamline the process. Whether you’re an executor, beneficiary, or someone planning ahead, understanding these critical aspects will empower you to manage estate matters with confidence.

Read More »
Create an image that illustrates the concept of a Missouri Small Estate Affidavit filing. The scene should feature a serene and organized home office setting, with a wooden desk in the foreground. On the desk, place a neatly stacked pile of essential paperwork, including a small estate affidavit document, a death certificate, and a pencil. In the background, show a well-lit bookshelf filled with books about estate planning and probate law. Add a subtle hint of a family photo in a frame to evoke a personal touch. The overall mood of the image should convey efficiency and support, emphasizing the ease of managing a small estate with the right guidance. Use warm, inviting colors to promote a sense of reassurance and clarity.
Dan Schnurbusch

Missouri Small Estate Affidavit Filing Tips for 2025: A Step-by-Step Guide

Are you navigating a loved one’s modest estate in Missouri? Filing a small estate affidavit can simplify the probate process, saving you time and stress. In this post, we’ll outline everything you need to know about filing a Missouri small estate affidavit in 2024, including qualifying criteria, essential filing steps, and tips for avoiding common pitfalls. Learn how to efficiently manage a small estate and ensure a smooth transition for the heirs.

Read More »
anonymous female therapist and client sitting in armchairs during session in modern office
Dan Schnurbusch

The Relationship Between Probate and Estate Planning: How Wills and Trusts Affect the Probate Process

Discover the critical relationship between probate and estate planning with Schnurbusch Law. Get insights on how wills and trusts can affect the probate process and learn about necessary steps to take when managing assets left by a deceased loved one. Let us guide you through the complexities of Missouri’s probate laws, providing clarity and peace of mind.

Read More »