Disclaimer: This article provides general information and does not constitute legal advice. Consult an attorney for advice about your situation.
Detailed Answer
Probate is the court-supervised process to settle a decedent’s estate in Missouri. It involves validating a will (if one exists), appointing a personal representative, inventorying assets, paying debts and taxes, and distributing assets to heirs or beneficiaries.
1. Determine the Appropriate Procedure
If the decedent left no real estate in Missouri and the total value of personal property does not exceed $40,000, you may qualify for a small estate affidavit under RSMo § 473.360. You complete an affidavit and file it with the probate office to receive personal assets directly.
Otherwise, you must open a full probate estate by filing a formal petition under Chapter 473, RSMo.
2. File the Petition with the Probate Division
- Locate the Circuit Court Probate Division in the county where the decedent resided at death (RSMo § 473.033).
- Complete and file a ‘Petition for Probate of Will and for Letters Testamentary’ (if there is a will) or ‘Petition for Letters of Administration’ (if there is no will).
- Attach a certified copy of the decedent’s death certificate.
- Submit the original will, if available, or a certified copy, if permitted (RSMo § 473.095).
- Pay the court filing fee, which varies by county.
3. Notify Heirs and Creditors
- The court issues Letters of Administration or Letters Testamentary to the appointed personal representative.
- Publish a Notice to Creditors in a local newspaper and mail notices to known creditors to allow claims within prescribed deadlines.
4. Inventory, Manage, and Distribute Assets
- Within 90 days, file an inventory of estate assets with the court.
- Settle valid debts, final taxes, and administrative expenses.
- Prepare a final accounting for the court’s approval.
- Obtain court approval to distribute remaining assets to heirs or beneficiaries as directed by the will or Missouri’s intestacy statutes.
Helpful Hints
- Gather financial and asset records before filing.
- Confirm the probate court’s fee schedule online or by phone.
- Consider bonding requirements for personal representatives.
- Track deadlines: Missouri law sets specific timeframes for inventories and creditor claims.
- Use official forms available from the Missouri Courts website to avoid delays.