Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Missouri law does not use the terms “common form probate” or “solemn form probate.” Instead, the state offers two main probate pathways: independent administration and supervised administration. Both paths fall under Chapter 473 of the Missouri Revised Statutes.
Independent Administration
An independent administration allows a personal representative (executor or administrator) to manage the estate with minimal court oversight. After letters testamentary or letters of administration are issued, the representative can collect assets, pay debts, and distribute property without prior court approval. Bond requirements may be waived if beneficiaries consent. See RSMo § 473.033: https://revisor.mo.gov/main/OneSection.aspx?section=473.033.
Supervised Administration
Under supervised administration, the personal representative must obtain court approval for major steps such as selling real estate, settling creditor claims, and final distribution. Each accounting and petition requires a court hearing before the estate can close. See RSMo § 473.830: https://revisor.mo.gov/main/OneSection.aspx?section=473.830.
Comparing Procedures
- Court Supervision: Independent administration involves limited oversight; supervised administration requires ongoing court review.
- Speed: Independent proceedings typically conclude faster due to fewer hearings.
- Cost: Supervised administration often incurs higher fees for additional filings and hearings.
Helpful Hints
- Check small‐estate eligibility: Estates valued under $40,000 may qualify for a simplified procedure under RSMo § 473.700–473.715.
- Visit your local probate clerk’s office for required forms and filing fees.
- Obtain written bond waivers from beneficiaries to avoid bonding costs in independent administration.
- Keep detailed inventories and financial records to streamline any required court submissions.
- Consider consulting a probate attorney if the estate includes real property or contested claims.
For full text of Missouri probate statutes, refer to the Missouri Revisor of Statutes website.