When facing the probate process in Missouri after a loved one’s passing, one of the first questions many people ask is whether they need to hire an attorney or if they can handle it themselves. While it’s technically possible to navigate probate without legal representation in some cases, understanding the complexities and potential pitfalls is crucial before making this decision.
Understanding Missouri Probate: The Basics
Before deciding whether to hire an attorney, it’s important to understand what probate entails. Probate is the legal process of administering a deceased person’s estate, paying their debts, and distributing their assets to beneficiaries. In Missouri, this process can take several forms, depending on the estate’s size and complexity. For a comprehensive explanation, you can review our overview of the Missouri probate process.
When You Might Be Able to Handle Probate Without an Attorney
There are certain situations where handling probate without an attorney might be feasible:
1. Small Estates
Under Missouri Revised Statutes § 473.097, estates valued at $40,000 or less may qualify for a simplified probate process using a small estate affidavit. This streamlined procedure typically requires less legal expertise and can sometimes be handled without an attorney, depending on what county your deceased loved one left assets.
St. Louis County and St. Louis City always require an attorney, even for Small Estate Affidavits. To determine if your county will require an attorney for this kind of application, you should call the probate clerk for the county in which the deceased left the property.
2. Refusal of Letters Applications
If you fall into one of 3 buckets, you might be eligible to handle probate without an attorney (even in St. Louis County & St. Louis City).
If you are a spouse or minor child (or the parent of a minor child) of the deceased, you may be eligible to file a Spousal (or Minor’s) Refusal of Letters application. This is typically only available when the assets subject to probate are very small.
For example, St. Louis County permits these filings only when the total probate estate value is less than $24,000, and St. Louis City only permits them when the total probate estate value is less than $20,000.
If you are a creditor of the deceased, you may be eligible to file a Creditor Refusal of Letters application without a lawyer if the value of the estate is less than $15,000 and there is no surviving spouse or minor children of the deceased.
Some counties, such as St. Louis City and St. Louis County, may only permit this type of application if the creditor claim is based on a paid funeral bill.
When You Definitely Need an Attorney
Certain situations make legal representation a legal requirement:
1. Full Estate Administration
If a so-called “Full Estate” must be opened, you are legally required to hire a lawyer pursuant to RSMo. 473.153.7. A full estate is required when the value of the probate assets exceed $40,000 and it has been less than 1 year since death.
2. Contested Wills or Family Disputes
If there’s any possibility of will contests or family disagreements, an attorney’s expertise becomes invaluable.
In most cases, it may be nearly impossible for you to protect your interests in an estate without the help of a lawyer if someone is disputing your claim.
3. Determination of Heirship
If the deceased died without a will, navigating Missouri’s intestate succession laws becomes necessary. A Determination of Heirship is a special kind of short-form probate that can only be commenced after 1 year of death, provided no other probate has been opened for the deceased.
Most counties will require an attorney for this type of case.
Learn more about dying without a will in Missouri.
Risks of Handling Probate Without an Attorney
Before deciding to handle probate yourself, consider these potential risks:
1. Personal Liability
As a personal representative, you can be held personally liable for mistakes in the probate process. This includes errors in:
- Asset valuation
- Tax payments
- Creditor notifications
- Asset distribution
2. Time and Complexity
Understanding how long probate takes in Missouri is crucial. Without legal expertise, you might face:
- Delayed proceedings due to procedural errors
- Multiple court appearances to correct mistakes
- Extended timelines for estate settlement
The volume of paperwork you will need to accurately prepare varies greatly, but an experienced probate lawyer can make this process dramatically more efficient.
3. Overlooked Legal Requirements
Missouri probate law includes numerous technical requirements, such as:
- Statutory deadlines for filing documents
- Proper notice to creditors and beneficiaries
- Specific accounting requirements
Cost Considerations
While saving money is often the primary motivation for handling probate without an attorney, consider that:
- Missouri Revised Statutes § 473.153 outlines reasonable compensation for attorneys in probate cases
- Mistakes made during self-representation can end up costing more than attorney fees
- The time you spend learning and navigating the process has its own opportunity cost — that is, you could have been doing something else
Practical Steps for Those Considering Self-Representation
If you’re still considering handling probate without an attorney, take these steps:
- Thoroughly review all estate documents
- Research Missouri probate laws and procedures
- Consider consulting with an attorney for initial guidance
- Maintain detailed records of all actions taken
- Be prepared to seek legal help if complications arise
- Call your local probate office to see if your case is even eligible for self-representation (often the answer is no)
Making the Final Decision
The decision to hire an attorney for probate should be based on:
- Estate size and complexity
- Your comfort level with legal procedures
- Available time and resources
- Potential risks to the estate
- The requirements of the law and your local probate court
While handling probate without an attorney is possible in some very simple cases, the complexities of Missouri probate law often make professional legal representation a wise investment. Even in seemingly straightforward situations, an attorney’s guidance can prevent costly mistakes and ensure efficient estate administration.
For specific issues like transferring a car title after death in Missouri, professional guidance can be particularly valuable in navigating technical requirements.
Remember that seeking legal counsel isn’t just about complying with laws—it’s about protecting the estate’s interests and ensuring your loved one’s final wishes are properly fulfilled.
