Detailed Answer: How long does it take to admit an out-of-state will in Missouri probate?

Short answer: There is no fixed nationwide timeline. In Missouri, an uncontested out-of-state will (with the original or a properly certified copy and a certified death certificate) can often be admitted to probate and a personal representative appointed in roughly 4–12 weeks in straightforward cases. If the will is contested, missing, requires ancillary probate, or needs extra proof (exemplified/certified copies, witness testimony, or a domiciliary court order), the process can take many months or longer.

What “out-of-state will” means under Missouri practice

An “out-of-state” or foreign will commonly refers to a will executed or originally filed in another state or country. Two common situations arise in Missouri:

• Decedent was domiciled in Missouri but the will was executed or is located in another state.
• Decedent was domiciled outside Missouri but owned real property or other assets located in Missouri. That situation often requires ancillary probate in Missouri to transfer Missouri assets.

Key steps that affect timing

• Petition filing: Someone (usually an executor named in the will or an interested person) files a petition to admit the will and appoint a personal representative at the probate court in the appropriate Missouri county. The probate clerk checks the paperwork and sets a hearing or issues letters if the petition is uncontested.
• Document requirements: Courts typically want the original will. If the original is in another state, a certified copy or an exemplified copy from the other state’s probate court may be required. A certified death certificate is also required.
• Notice and publication: Missouri courts require notice to beneficiaries and often notice to creditors. Publication or mailed notices produce minimum waiting periods which add time.
• Contested issues: If a beneficiary contests the will (validity, execution formalities, undue influence, lack of capacity) the court may schedule discovery and hearings — adding months or years.
• Ancillary probate: If estate administration already started in another state (the domiciliary jurisdiction), Missouri may require an exemplified copy of the domiciliary court’s letters and orders. Getting those certified documents from another state can add several weeks.

Typical timelines (general guidance)

• Uncontested, original will present in Missouri county where probate is opened: 4–8 weeks from filing to issuance of letters and initial administrative steps.
• Uncontested but original will is out-of-state and you must get a certified/exemplified copy: 6–12 weeks depending on how quickly out-of-state documents are returned.
• Ancillary probate for out-of-state decedent who owns Missouri real estate: often 6–12 weeks once domiciliary letters and certified documents are obtained; may be longer if title companies require additional proof.
• Contested probate (validity, heirs, creditors, missing original): many months to years depending on litigation and appeals.

Common causes of delay

• Missing original will; court requires proof of execution or testimony from witnesses.
• Need for exemplified or certified copies from another state’s court (processing and mail time).
• Disputes among heirs or challenges to the will’s validity.
• Failure to provide required notices or incomplete petition paperwork (county clerks will often return filings for correction).
• Complex assets (real estate, businesses, out-of-state assets) needing ancillary proceedings or title work.

What documents you will usually need to file

• Petition to probate the will and appoint a personal representative (local probate form or court-approved form).
• Original will, or certified/exemplified copy of the will from the jurisdiction where the will was probated or kept.
• Certified death certificate.
• List of heirs/beneficiaries and contact information.
• Any domiciliary court letters or orders if the estate has been opened elsewhere (for ancillary matters).
• Payment of filing fees and possible bond information (some counties waive bond if provided for in the will).

Practical steps to speed the process

• Gather the original will and certified death certificate before filing. If the original is out of state, request an exemplified or certified copy from the issuing court immediately.
• Call the local county probate clerk before filing to learn the county’s form requirements, fees, and scheduling (procedures vary by county).
• Provide accurate notice information for beneficiaries and known creditors to avoid delays from insufficient notice.
• If title companies or banks are involved (real estate, accounts), ask them up front which documents they require for transfer.
• Consider hiring a probate attorney if there is any dispute, complex asset, or out-of-state administration already open. Attorneys can often obtain exemplified documents faster and prepare filings correctly the first time.

Where to check Missouri rules and get forms

Missouri’s official resources include the Missouri Courts website and the Missouri Revised Statutes. For local practice and forms contact the probate clerk in the county where you plan to file. Helpful starting points:

• Missouri Judicial Branch: https://www.courts.mo.gov
• Missouri Revised Statutes (search and browse): https://revisor.mo.gov/main/Home.aspx

When to talk to an attorney

Consult an attorney if any of these apply:

• The original will is missing or you only have copies.
• The estate includes Missouri real estate but the decedent was domiciled in another state.
• Beneficiaries or heirs contest the will.
• The estate has unusual or complex assets (business interests, multiple real properties, retirement accounts with named beneficiaries).
• You need help obtaining certified/exemplified documents from another state.

Disclaimer: This article explains common Missouri probate practice and is intended for general information only. It is not legal advice and does not create an attorney–client relationship. For legal advice about a specific case, contact a licensed Missouri attorney or the local probate court.