Understanding probate in Missouri doesn’t have to be complicated. Whether you’re planning ahead for your estate or dealing with the loss of a loved one, knowing when probate is required—and when it isn’t—can save you time, money, and stress.
What Is Probate in Missouri?
At its core, probate is the legal process of validating a deceased person’s will and administering their estate. In Missouri, this process is overseen by the probate court and involves several key steps, including:
- Validating the deceased person’s will (if one exists)
- Identifying and inventorying assets
- Paying debts and taxes
- Distributing remaining assets to beneficiaries
According to Missouri’s probate process overview, the complexity and duration of probate can vary significantly depending on the estate’s size and circumstances.
When Is Probate Required in Missouri?
Under Missouri law, probate is typically required in the following situations:
1. Solely Owned Assets
If the deceased person owned assets solely in their name without any beneficiary designations or rights of survivorship, these assets must go through probate. This includes:
- Real estate titled only in the deceased person’s name
- Bank accounts without a “payable on death” designation
- Vehicles titled solely to the deceased
- Personal property without designated beneficiaries (if required)
2. Estates Exceeding Small Estate Thresholds
According to Section 473.097 of Missouri Statutes, estates valued over $40,000 typically require formal probate administration. However, smaller estates may qualify for simplified procedures through a small estate affidavit.
When Is Probate Not Required?
Several types of assets can bypass the probate process in Missouri:
1. Jointly Owned Property
Assets owned jointly with rights of survivorship automatically pass to the surviving owner(s), including:
- Property held as tenants by the entirety (between spouses)
- Joint bank accounts
- Real estate with joint tenancy rights of survivorship
2. Assets with Beneficiary Designations
These include:
- Life insurance policies
- Retirement accounts (401(k)s, IRAs)
- Transfer on death (TOD) accounts
- Payable on death (POD) bank accounts
3. Trust Assets
Assets properly held in a living trust bypass probate, making trusts a popular estate planning tool.
Frequently Asked Questions About Missouri Probate
How Long Does Probate Take in Missouri?
The duration varies based on several factors. Understanding probate timelines in Missouri is crucial for setting expectations. Generally:
- Small estates: 30-90 days
- Simple probate cases: 6-9 months
- Complex estates or contested matters: 1-2 years or longer
What Happens If There’s No Will?
When someone dies without a will (intestate), Section 474.010 of Missouri Statutes determines how assets are distributed. The law establishes a hierarchy of heirs:
- Surviving spouse and children (or their descendants)
- 50% + $20,000 to the spouse if all children of the marriage, remainder to children
- 50% to spouse, 50% split among children if any are not of the marriage
- If no spouse or descendants, then parents and siblings (or their descendants)
- If no parents or siblings or their descendants, then Grandparents and their descendants (including aunts, uncles, or their descendants)
- If none, then great-grandparents (or their descendants) out to the 9th degree
- If none, to the heirs of a pre-deceased spouse
- If none, then to the government
Can Probate Be Avoided?
Yes, through proper estate planning. Common strategies include:
- Creating a living trust
- Using beneficiary designations
- Holding property jointly with rights of survivorship
- Using transfer-on-death designations for vehicles and real estate
Important Time Limitations
Section 473.050 RSMo establishes crucial deadlines for probate matters:
- Wills must be presented for probate within one year of death
- Creditors generally have six months from the date of first publication to file claims
- Full probate must be filed within one year of death, or else other modified procedures must be followed
Why Working with a Probate Attorney Is Essential
Understanding executor and administrator roles in probate can be overwhelming. A probate attorney can:
- Guide you through complex legal requirements
- Ensure compliance with Missouri probate laws
- Handle creditor claims and disputes
- Manage tax implications
- Expedite the probate process
For a detailed understanding of the steps involved, you can review our guide on key steps in the Missouri probate process.
Conclusion
While probate in Missouri may seem daunting, understanding when it’s required and how to navigate the process can make it more manageable. Whether you’re planning your estate or handling a loved one’s affairs, considering these factors early can help ensure a smoother process. For complex situations or specific questions about your case, consulting with a qualified probate attorney is always recommended.
