Detailed Answer — How to get the probate court’s permission to sell estate property in Missouri
When a decedent owned real estate, the personal representative (executor or administrator) normally must get the probate court’s order before selling it. Missouri law controls estate administration and gives probate courts the power to approve sale of estate property. See Missouri statutes on administration of estates: RSMo Chapter 474 (Administration of Estates). This article explains the usual steps, what documents the court generally wants, and practical actions to take when a clerk’s office will not explain filing requirements.
1) Confirm whether probate is already open and who is the personal representative
If no probate case exists, you must open an estate administration (probate the will or seek letters of administration) before asking the court to authorize a sale. If the court already appointed a personal representative, that person (or the representative’s attorney) files the petition to sell. If you are not the personal representative but want to sell, you must be appointed or get the representative to bring the petition.
2) The petition you will normally file
The typical document is a written petition (often called a “Petition for Order Authorizing Sale of Real Estate” or similar). Missouri courts expect a petition that explains:
- the decedent’s name and date of death;
- the probate cause number (if one exists) and identification of the personal representative;
- a legal description and address of the property to be sold;
- the reason for sale (pay debts, distribute proceeds, management of the estate, etc.);
- the proposed method of sale (public auction, private sale, broker listing) and material sale terms;
- whether any interested persons (heirs, beneficiaries, lienholders) consent to the sale or whether notice will be given; and
- a proposed form of court order authorizing the sale and directing how sale proceeds must be handled.
Court practice varies by county. Many counties provide probate forms or checklists; others accept a free-form petition. The petition typically attaches a copy of the letters testamentary or of administration, a preliminary title search or report of encumbrances, and sometimes an appraisal or broker’s valuation.
3) Notice, hearings, and approval
Missouri law requires notice to interested persons before the court grants significant powers to a personal representative. The court usually sets a hearing date for the petition and will require notice to heirs and beneficiaries and sometimes publication for unknown creditors. After the hearing the judge may issue an order authorizing the sale, with conditions (for example requiring court confirmation of the sale, approval of buyer, or specific sale procedures).
4) Special alternatives — small estate and transfers outside full probate
If the estate qualifies for simplified administration under Missouri law, you may be able to transfer real property without full administration. Missouri has procedures for small estates and informal transfers in limited circumstances. Check the administration statutes and local court resources to see if a simplified process applies: RSMo Chapter 474. If you believe a small-estate procedure might apply, ask a lawyer to confirm eligibility before attempting a transfer.
5) After the sale — confirmation, settlement, and distribution
Some sales require return to the court for confirmation. The buyer’s deed is usually issued after confirmation and after the personal representative files a final accounting and proposed distribution. The court will order proceeds deposited, used to pay debts and costs, and distributed to heirs/beneficiaries in accordance with the will or Missouri intestacy rules.
6) What to do when the clerk’s office won’t explain filing requirements
Clerks can provide procedural information and standard forms, but they cannot give legal advice. If a clerk refuses to explain which forms you must file or how to start, try these steps:
- Ask for written sources. Request the county probate division’s list of forms, local probate rules, or the court’s checklist in writing or by email and keep a copy of your request.
- Check the county court website. Many Missouri counties publish probate forms, filing checklists, fee schedules, and local rules online.
- Read the statewide statutes and local rules. Use the Missouri Revisor for statutes: https://revisor.mo.gov, especially RSMo Chapter 474.
- Request to speak with the court administrator or the probate judge’s clerk. If a front-line clerk will not help, a court administrator or supervising clerk can often point you to appropriate procedures and form names (not legal advice, but procedural guidance).
- Use sample forms. If the county provides none, many Missouri courts accept the common petition form language described above. Look for sample “Petition for Sale of Real Estate” or “Order Authorizing Sale” forms online and adapt them to your facts, or use pleadings from a similar case as a model.
- Document your efforts. Keep emails and notes of phone calls. If the clerk is uncooperative, a written log helps an attorney or the court see what you tried.
- Seek low-cost help. Contact the Missouri Bar Lawyer Referral Service for a short initial consultation or an attorney who handles probate matters: Missouri Bar. Also search for local legal aid organizations or law school clinics if cost is a concern.
- Consider filing with limited assistance. If you can prepare the basic petition and proposed order, file them and set a hearing. The judge can approve a sale after a hearing even if your paperwork is not perfect; filing starts the process and forces the court to act rather than leaving you waiting on clerk guidance.
7) Typical documents the court expects when asking to sell real property
- Petition for authority to sell real property;
- Copy of letters testamentary or letters of administration showing appointment;
- Legal description and address of the property;
- Appraisal, broker valuation, or affidavit of value (if available);
- Copy of proposed purchase agreement or general sale terms (if an identified buyer exists);
- Notice to heirs/beneficiaries and proof of service or certificate of mailing;
- Proposed order authorizing sale, containing instructions about deposit of proceeds and any confirmation obligation.
8) Timelines and fees
Timelines depend on the court’s calendar and required notice period. Expect several weeks to months from filing to final authorization if notice and hearings are required. Filing fees vary by county and depend on filings you submit; check the county clerk’s fee schedule or the county website.
9) When to hire an attorney
Hire a probate attorney if the estate has complex assets, liens, disputes among heirs or beneficiaries, tax issues, or if you face a non-cooperative clerk and need reliable filing and hearing advocacy. An attorney can prepare a correct petition, handle notice and sale procedure, and represent the estate at the hearing.
Key Missouri statute references
Missouri statutes on estate administration guide the procedure. See the administration chapter for the general framework: RSMo Chapter 474. For procedural rules and local court practices, consult your county’s probate division or court administrator.
Helpful Hints
- Collect basic documents first: death certificate, will (if any), title/deed, mortgage statement, and any recent appraisal or broker CMA.
- Ask the clerk only for procedural help and form names; do not expect legal advice from court staff.
- Keep a written list of everyone with an interest (heirs, beneficiaries, mortgagees) — you will often need to show who must be notified.
- If you plan a private sale, include the buyer’s offer or proposed contract with your petition; courts like to see actual sale terms.
- File something. If the clerk is unhelpful, file a basic petition and proposed order. Filing starts the court process and makes it easier to get a hearing.
- Search your county’s website for “probate forms” or “estate forms.” Many counties publish fillable PDFs and checklists that dramatically simplify the process.
- Use the Missouri Bar referral to find a probate attorney for a focused, limited-scope engagement (drafting the petition and order) if you cannot afford full representation.
Disclaimer: This article explains general Missouri procedures and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Missouri attorney.