Quick answer
This is not legal advice. I am not a lawyer. The following explains how Missouri law generally treats sale proceeds from a deceased person’s home so you can understand when to talk with a probate attorney.
Short answer
Usually, if the house is part of the probate estate and the executor or administrator sells it to pay debts and expenses, any money left after selling costs, mortgage payoff, taxes, and creditor claims becomes part of the estate and is distributed according to your father’s will. However, several common exceptions can cause the proceeds to pass outside the will or to certain protected claimants first.
How this works under Missouri law
Key idea: assets that are in the deceased person’s probate estate are collected, sold or liquidated if necessary, creditors are paid, and then the remaining funds are distributed according to the will (or under Missouri intestacy rules if there is no valid will). The general probate rules and how wills operate in Missouri are located in the Missouri Revised Statutes. See the chapters on probate administration and wills for the statutory framework:
- Missouri Revised Statutes, Chapter 473 — Probate administration
- Missouri Revised Statutes, Chapter 474 — Wills
Typical probate flow
- Identify estate assets (including the house if titled in your dad’s name alone).
- The executor (named in the will) or the court-appointed administrator protects estate property and pays immediate expenses.
- If necessary, the executor may sell estate property (court approval may be required for real estate sales in many cases).
- Sale proceeds pay secured claims (like mortgages), funeral costs, administration expenses, and creditor claims in priority order.
- After valid debts, taxes, and fees are paid, remaining cash is distributed according to the will or by intestacy rules if no valid will exists.
Why leftover proceeds normally follow the will
When the house is sold as part of probate, the cash becomes an asset of the probate estate. The will controls how probate assets are distributed. So if the will leaves estate property or the residue to specific beneficiaries, they receive the remaining cash after required claims are satisfied.
Common exceptions and important details
- Non‑probate ownership: If the home was owned jointly with rights of survivorship, or owned by a trust, or passed by a valid beneficiary arrangement, it may never enter probate. Property that did not become part of the probate estate does not get distributed under the will.
- Secured creditors and liens: A mortgage or other lien must be paid from sale proceeds (or satisfied by creditor agreement). Secured creditors are paid before beneficiaries receive residual funds.
- Priority claims and funeral/administration costs: Missouri law gives priority to certain estate expenses and claims. Those must be paid first, which reduces leftover amounts.
- Spousal and family allowances: Missouri provides certain allowances or exemptions that benefit a surviving spouse or minor children. These may reduce what passes under the will. See the probate statutes in Chapter 473 for the administration rules that affect distributions.
- Personal property exemptions and household items: Some personal property or small-value exemptions may be claimable and can affect the estate balance.
- Will problems and contests: If the will is invalid or successfully contested, distribution may instead follow intestacy rules (see Chapter 474 and Chapter 473).
Practical examples
These short hypotheticals illustrate common outcomes:
- If Dad owned the house in his name alone, the executor sells it for $200,000, pays $120,000 in mortgage and $20,000 in administration costs and creditor claims, the $60,000 balance becomes part of the estate and should be distributed according to the will.
- If Dad and Mom held the house jointly with right of survivorship, the house likely passed automatically to Mom on Dad’s death and never went through probate. The house sale and proceeds belong to the surviving joint owner, not to beneficiaries under the will.
- If the house was in a living trust or had a valid transfer-on-death vehicle, the trust or beneficiary instructions control distribution, not the will.
What you can do next
- Locate the will and contact the named executor. Ask whether the estate is open in probate and request a copy of the inventory and accounting.
- Check how title to the house was held (deed at the county recorder’s office). That determines whether the property entered probate.
- Ask for documentation showing sale proceeds, payoffs, lien releases, and the accounting of how funds were applied.
- If you suspect a problem (sale without authority, improper withholding of funds, or a possible will contest), contact a probate attorney for advice about petitioning the court for an accounting or other relief.
- Review relevant probate rules and forms at the Missouri Courts site for basic procedures: Missouri Courts — Probate and Estate Information
Helpful hints
- Gather key documents: will, death certificate, deed, mortgage statement, recent tax bills, and any trust documents.
- Keep clear written requests to the executor for accountings and copies of filings with probate court.
- Confirm whether the estate opened probate in the county where the deceased lived; probate is a public court record you can request.
- Remember that probate can take many months; distributions often wait until creditor deadlines pass and final accounting is approved by the court.
- If you are a named beneficiary and cannot resolve concerns informally, you can file a written objection or petition with the probate court — consult a local probate attorney about timing and grounds.