Detailed Answer — Do you need probate if there is no will in Missouri?
Short answer: Often yes. When someone dies without a will (intestate) and they owned assets solely in their name, probate administration is usually required so a court can appoint an administrator, pay valid creditors, and distribute the remaining property under Missouri’s intestacy rules. However, many assets pass outside probate, and Missouri law provides simplified procedures in some small-estate situations.
What “no will” (intestate) means
If a person dies without a valid will, Missouri law treats the estate as intestate. The probate court uses statutory rules to identify who inherits. Those rules are found in Missouri’s statutes governing descent and distribution and estate administration. See the Missouri Revised Statutes on administration and intestate succession for the full text: RSMo Chapter 473 (Estate Administration) and RSMo Chapter 474 (Descent & Distribution).
When probate administration is typically required
- If the decedent owned real property solely in their name, probate (or a court-directed transfer) is usually needed to clear title.
- If the decedent owned bank or brokerage accounts titled only in their name (no joint owner and no payable-on-death beneficiary), courts commonly require probate to transfer those funds.
- If there are unresolved creditor claims, complex assets, many heirs, or disputes among potential heirs, the court-supervised probate process is usually necessary to protect creditor and heir rights.
- If no one is authorized to act (because there is no executor named in a will), a court must appoint an administrator to handle estate duties.
When probate may be avoidable or simplified
Not every asset must go through probate. Common non-probate methods include:
- Property held in joint tenancy with right of survivorship passes automatically to the surviving joint owner.
- Accounts with designated beneficiaries or payable-on-death (POD) or transfer-on-death (TOD) designations pass directly to the named beneficiaries.
- Life insurance proceeds and retirement accounts with named beneficiaries pass outside probate.
- Trust property held in a valid living trust does not pass through probate.
- Missouri provides simplified procedures for certain small estates or to transfer specific types of property without full probate. For statutory detail and eligibility, see the Missouri statutes on estate administration: RSMo Chapter 473.
How the probate process works when there is no will
- Someone (usually a spouse, adult child, or creditor) files a petition in the probate division of the circuit court where the decedent lived to open an estate and ask the court to appoint an administrator.
- The court appoints an administrator and issues letters of administration. The administrator collects assets, notifies creditors, pays valid debts and taxes, and manages estate business under court supervision or under Missouri’s rules for independent administration.
- After debts and expenses are addressed, the administrator distributes remaining assets according to Missouri’s intestacy law (the statutory order of heirs). See RSMo Chapter 474 for the rules on how intestate property is distributed: RSMo Chapter 474.
Practical examples (hypothetical)
These illustrate common outcomes without getting into complex exceptions:
- If a decedent dies leaving only a surviving spouse and no children or parents, the spouse often receives the estate under the intestacy rules.
- If the decedent leaves children but no spouse, the children generally share the estate.
- If the decedent leaves a spouse and children, the estate will typically be divided between them based on statutory rules.
Key risks of skipping probate when it’s required
- Title to real property may remain clouded, preventing sale or refinance.
- Creditors might later bring claims and the informal transferee could face liability.
- Family disputes over distribution can become more expensive and prolonged without court oversight.
Where to start if someone dies without a will
1) Identify assets and their title (sole name, joint, beneficiary). 2) Consult the probate clerk in the circuit court where the decedent lived to learn local filing rules and forms. 3) Consider whether a small-estate procedure or beneficiary transfer will work. 4) If property includes real estate, sizable assets, or if heirs disagree, consult a probate attorney to review your situation and deadlines. See Missouri’s statutes for administrators and probate procedures: RSMo Chapter 473.
Helpful Hints
- Gather documents first: death certificate, bank statements, deeds, titles, beneficiary designations, and insurance policies.
- Look for joint accounts, POD/TOD designations, and trust paperwork—those items often avoid probate.
- Contact the probate court clerk for local forms and fee information before filing.
- Don’t distribute or close accounts until you confirm whether probate or creditor notice rules apply.
- If the estate has real property, consult an attorney or title company before transferring or selling it to avoid title problems.
- Keep detailed records of money paid for funeral costs, debts, estate expenses, and distributions—courts expect accounting.
- If heirs disagree, formal probate protects everyone by providing a structured legal process.
- When in doubt about a specific rule or deadline, consult a licensed Missouri attorney. The probate clerk can explain procedure but cannot give legal advice.
Important disclaimer: This article explains general Missouri law and is educational only. It is not legal advice. For advice about a specific situation, contact a licensed Missouri attorney who practices probate and estate administration.