Disclaimer
This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a Missouri-licensed probate attorney and, if the other state is involved, an attorney licensed in that state.
Detailed Answer
When a parent dies with assets in Missouri and also owns property in another state, you will usually work through Missouri probate for the decedent’s Missouri assets and either use non‑probate transfer methods or begin an ancillary probate in the other state for that out‑of‑state property. Below is a clear, step‑by‑step overview of the typical process under Missouri law and the issues that commonly arise.
1. Identify key documents and the decedent’s legal residence
- Locate the will, trust documents, deeds, titles, insurance policies, bank and retirement account statements, and any beneficiary designations.
- Confirm the decedent’s legal residence at death (this determines which state’s probate court has primary jurisdiction). For most people, the probate court in the county of the decedent’s Missouri residence handles the estate administration for Missouri.
2. Determine whether probate is required in Missouri
- If the decedent’s Missouri assets pass outside probate (for example, joint tenancy with right of survivorship, transfer‑on‑death payee designations, or a living trust), those assets may not need probate administration.
- If probate is required, file a petition with the probate division of the circuit court in the county where the decedent lived. The court appoints a personal representative (executor or administrator) who receives letters testamentary or letters of administration that authorize acting for the estate.
- Missouri’s probate laws and procedures are set out in the Missouri Revised Statutes and handled by the circuit courts. See the statutes and court process overview at the Missouri Revisor and Missouri courts sites: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473 and https://www.courts.mo.gov/.
3. If a will exists, file it with the probate court
- File the original will in the probate court and file a petition to open probate. The court reviews the will, validates it (if appropriate), and appoints the personal representative named in the will (or an administrator if there is no will).
4. Appointment of personal representative and initial duties
- After appointment, the personal representative must secure assets, notify beneficiaries and heirs, and publish or provide notice to creditors as required by Missouri procedure.
- The representative inventories estate assets, arranges appraisals if needed, collects funds owed to the estate, and manages property during administration.
5. Notice to creditors, paying debts, and taxes
- Missouri requires notice to creditors and allows creditors a limited time to present claims. The personal representative reviews and pays valid claims from estate funds.
- Handle decedent final income tax returns and any estate tax filings. Missouri currently does not have a separate state estate tax, but federal estate tax rules may apply depending on the estate size (see IRS guidance: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax).
6. Distribute remaining assets under the will or Missouri intestacy rules
- After debts, expenses, and taxes are paid, distribute assets to beneficiaries or heirs in accordance with the will or Missouri’s intestacy statutes when there is no will.
- The personal representative will typically file a final accounting and petition the court to close the estate.
7. Handling property located in another state (out‑of‑state property)
Property located outside Missouri commonly requires one of these approaches:
- Non‑probate transfers: If the out‑of‑state property passes outside probate (for example, joint tenancy, beneficiary designation, or a recorded transfer‑on‑death or beneficiary deed recognized by that state), then no ancillary probate may be necessary. Check the other state’s rules and public records.
- Ancillary probate: If the out‑of‑state property must pass through probate under the other state’s law (typical for real estate titled solely in the decedent’s name), you will usually open an ancillary probate in that other state. The Missouri personal representative may be allowed to act in the ancillary proceeding, or the court there may appoint a local ancillary administrator. Ancillary probate handles only the property located in that state.
- Transfer options: Depending on the property and the other state’s law, it may be possible to avoid ancillary probate by using deeds, disclaimers, short‑form affidavits, or beneficiary transfer forms. These methods vary greatly by state.
Because each state has different probate rules, you should consult or hire an attorney who is licensed where the property is located to handle or advise on ancillary proceedings, filings, and local deadlines.
8. Practical coordination between Missouri probate and the other state
- Coordinate records: Provide certified copies of Missouri letters testamentary/administration to the other state’s court or county recorder as required.
- Work with local counsel: A local attorney in the other state can advise on whether ancillary probate is required, how to clear title, and how to transfer or sell property.
- Timing and costs: Ancillary probate adds time and cost. Ask both attorneys to coordinate so creditors, taxes, and distribution steps proceed in the correct order.
9. When to hire an attorney
Consider hiring a probate attorney when the estate is complex, when there is real estate in more than one state, when assets are large, when there are family disputes, or when you are unfamiliar with probate procedures. You will likely need a Missouri probate attorney and an attorney in the state where the out‑of‑state property sits.
Helpful Hints
- Gather documents immediately: death certificate, original will, deeds, account statements, insurance policies, and mortgage information.
- Secure property: change locks, maintain insurance and utilities, and prevent loss or damage to real property and personal property.
- Check titles and beneficiary designations: many accounts and property interests pass outside probate—confirm who is named.
- Get certified copies of letters from the Missouri probate court when dealing with other states—most courts accept certified copies to open ancillary matters.
- Ask whether the other state offers a simplified or small‑estate procedure that could avoid full ancillary probate.
- Keep meticulous records and receipts for all estate transactions and communications—this will simplify accounting and protect you as personal representative.
- Communicate with heirs and beneficiaries early to reduce confusion and conflict. Provide copies of the will and keep everyone informed of timelines and key steps.
- When selling out‑of‑state property, check local disclosure requirements, transfer taxes, and closing documentation early so sales do not stall probate closing in Missouri.
Where to find more information
- Missouri Revised Statutes (Probate/Administration chapters): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
- Missouri courts general information and local circuit court contacts: https://www.courts.mo.gov/
- Federal estate tax guidance (if the estate is large): https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax
If you would like, I can list the typical documents you’ll need to start the Missouri probate petition, describe how to check property title records in another state, or provide a checklist you can give to a probate attorney.