Detailed Answer
If your sibling died owning property or accounts in Missouri and you live in another state, you can still open probate in Missouri. Probate matters are handled by the circuit (probate) court in the Missouri county where the decedent was domiciled at death. The basic steps are the same whether you live in Missouri or out of state: identify the correct court, decide which type of proceeding applies, gather documents, file the petition, notify interested parties, and complete administration. For Missouri statutes about administration and probate, see the Missouri Revised Statutes, Chapter 474 and Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474 and https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
1. Verify jurisdiction and venue
File in the circuit court of the county where the decedent was domiciled when they died. The circuit court handles probate matters for that county. If you are unsure where your sibling legally lived at death, check their driver’s license, voter registration, tax filings, utility bills, or ask family members. The Missouri statutes on administration and venue are in Chapter 474: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.
2. Determine the right type of proceeding
Common options include:
- Probate with a will (testate administration) — if there is a valid will.
- Intestate administration — if there is no valid will.
- Small estate or simplified procedures — Missouri allows simplified procedures for small estates or when assets pass by beneficiary designation or joint ownership. Check the statutes and local court rules for thresholds and forms. See Chapter 473 for general estate and creditor claim rules: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
3. Gather required documents
Typical items the clerk will request:
- Original will (if any).
- Certified death certificate (multiple copies are useful).
- Identification (your photo ID) and proof of your relationship to the decedent.
- Asset information: bank accounts, real estate deeds, life insurance policies, retirement accounts, and lists of likely creditors.
- Names and addresses of heirs and beneficiaries.
4. Filing the petition and appointment of a personal representative
You or someone else (an executor named in the will, a spouse, or another eligible person) must file a petition with the circuit court to open probate and request appointment as personal representative (also called executor or administrator). The petition typically asks the court to admit the will (if any) and to issue letters of administration or letters testamentary that give the representative authority to act.
Expect to provide the original will, a certified death certificate, and a proposed bond (if the court requires one). Filing fees and bond requirements vary by county. Missouri law governing appointment and authority is in Chapter 474: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.
5. Serving notice and creditor claims
After the court accepts the petition, the personal representative must provide notice to heirs, beneficiaries, and creditors. Missouri requires publication of a notice to creditors and may require direct notice to known creditors and heirs. Creditors then have a statutory period to present claims. See Chapter 473 for creditor procedures and deadlines: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
6. Out-of-state personal representatives
Missouri courts can appoint a nonresident as personal representative. However, the court may impose conditions, including requiring a bond or the appointment of a local agent or attorney to accept service. Many out-of-state personal representatives choose to hire a Missouri probate attorney or nominate a local co-representative to simplify court communications, bond handling, and in-person requirements. Check local court rules and speak to the county circuit clerk before filing.
7. Administering the estate and closing probate
The personal representative collects assets, pays valid debts and taxes, files inventory and accountings if required by the court, and distributes remaining property to heirs and beneficiaries according to the will or intestate succession rules. Once administration is complete, the representative files a petition for discharge and closing with the court. Statutory duties and timelines are in Chapters 473 and 474: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474 and https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
8. Practical timeline and costs
Timeline varies by case complexity and county workload. Simple, uncontested administrations can take a few months. Estates with real estate, disputes, or creditor claims can take a year or longer. Court filing fees, publication costs, bond premiums, attorney fees, and accounting costs vary by county and estate size.
When to hire a Missouri probate attorney
Consider hiring local counsel if any of the following apply:
- The estate has real estate, business interests, or complicated assets.
- Heirs or beneficiaries dispute the will or administration.
- There are significant tax issues or many creditors.
- You live out of state and prefer a local point of contact to attend hearings and handle filings.
Local counsel can file petitions, appear at hearings, provide bond options, publish notices, and manage communications with the court and creditors.
Key Missouri resources
- Missouri Revised Statutes — Chapter 474 (Administration of Estates): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
- Missouri Revised Statutes — Chapter 473 (Probate, creditor claims): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
- Missouri Courts (general information and local court contacts): https://www.courts.mo.gov
Helpful Hints
- Contact the circuit court clerk in the county where your sibling lived before filing. Clerks can tell you which forms the court prefers and current fee amounts.
- Obtain several certified copies of the death certificate early; banks and government agencies often require them.
- If you are named executor but live out of state, ask the court clerk about bond rules and whether you must appoint a resident agent or hire local counsel.
- Check whether bank accounts or property pass outside probate (joint accounts, payable-on-death designations, living trusts). These assets may bypass probate entirely.
- Keep careful records of all communications, receipts, and distributions. Good bookkeeping speeds closing and reduces disputes.
- Consider a local attorney for complex estates or if you prefer not to travel for hearings.
- Watch deadlines for creditor claims and tax filings—missing deadlines can lead to personal liability or administrative complications.
Disclaimer: This article explains general principles of Missouri probate law for informational purposes and is not legal advice. Laws and court procedures change and may vary by county. For advice about a particular situation, consult a licensed Missouri attorney.