How to Handle a Parent’s Estate in Missouri — Step-by-Step Guide

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

FAQ — Practical Steps for Handling a Parent’s Estate in Missouri

Short answer: Secure important documents, notify the probate court in the decedent’s county of residence, determine whether probate is needed or a small‑estate procedure applies, gather and inventory assets, pay valid debts and taxes, then distribute assets according to the will or Missouri intestacy rules. Consult a probate attorney if the estate is complex, contested, or large.

Detailed answer: step‑by‑step guide

1. Immediately secure the estate

Collect the original will (if any), the decedent’s important papers (deeds, titles, bank statements, safe‑deposit box info, life insurance policies, retirement account statements), and several certified copies of the death certificate from the funeral home. Lock down physical property and preserve valuable items. Notify banks and other custodians you have identified.

2. Identify who will act for the estate

If there is a valid will, it typically names a personal representative (often called an executor). If no will exists, the probate court appoints an administrator according to Missouri law. The person who acts has a fiduciary duty to the estate and beneficiaries.

3. Decide whether you must open probate

Not all estates require a full probate. Many assets pass outside probate (joint accounts, assets with named beneficiaries, payable‑on‑death accounts, and some trust assets). Missouri provides streamlined procedures for small estates and simplified administration in some situations. Contact the probate court in the county where the decedent lived to learn local thresholds and forms. For Missouri statutes and procedures, see the Revisor of Statutes and your local court resources: https://revisor.mo.gov and https://www.courts.mo.gov

4. If probate is needed: open a probate case

File a petition with the county probate court to open an estate. You will need the original will (if any), the death certificate, and basic information about heirs and assets. The court issues letters testamentary or letters of administration that give the representative authority to act for the estate.

5. Inventory assets and secure property

Prepare an inventory of estate assets and their approximate values. Collect account statements, property deeds, stock certificates, and other documentation. Change locks if necessary and maintain adequate insurance on real property. The personal representative must keep accurate records and may need to file an inventory with the court.

6. Notify creditors and pay valid debts

The estate must pay valid creditor claims before distributing assets. Missouri law sets procedures and timelines for publishing notice to creditors and handling claims; follow local court rules. Preserve receipts and statements showing payments and denials.

7. Handle taxes

File the decedent’s final federal and state income tax returns and any estate tax returns required by federal law. Missouri currently does not impose a separate state estate tax, but federal estate tax rules may apply for larger estates. Consult the IRS and Missouri Department of Revenue for guidance: https://www.irs.gov and https://dor.mo.gov

8. Distribute assets

After debts and taxes are paid and the court authorizes distribution, distribute remaining assets according to the will or Missouri intestacy rules if there is no will. Keep detailed records and obtain receipts from beneficiaries where possible.

9. Close the estate

File a final accounting with the probate court and petition for discharge once all duties are complete. The court will issue an order closing the estate and discharging the personal representative.

10. When to consult an attorney

Talk to a probate attorney if you encounter any of these issues: an unclear or contested will, unknown or disputed heirs, real estate that must be sold, business interests, unresolved tax questions, creditor disputes, or if the estate includes assets in multiple states. An attorney helps ensure compliance with Missouri rules and reduces personal liability for the personal representative.

Key Missouri resources

  • Missouri Revised Statutes and state laws: https://revisor.mo.gov
  • Missouri Courts — official site for local court contacts and forms: https://www.courts.mo.gov
  • Missouri Department of Revenue (tax guidance): https://dor.mo.gov
  • Federal estate and income tax guidance (IRS): https://www.irs.gov

Disclaimer: This information explains general steps under Missouri law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Missouri probate attorney.

Helpful Hints

  • Start by making a list of where key documents and accounts are located — wills, deeds, bank and investment accounts, retirement plans, insurance policies, and safe‑deposit boxes.
  • Order several certified copies of the death certificate right away; many institutions require them.
  • Search for beneficiary designations and joint‑ownership arrangements — these often avoid probate.
  • Keep a single file (digital or physical) with all estate records, receipts, and correspondence. Good records simplify accounting and court filings.
  • Notify Social Security, pension administrators, banks, and insurance companies promptly to stop direct payments that should not continue.
  • If you are named personal representative, learn the court’s filing requirements and deadlines to avoid personal exposure for missed duties.
  • Use local court clerks and state websites listed above to get correct forms and fee schedules for the county where the decedent lived.
  • Consider a short consultation with a probate attorney if you feel uncertain; many offer fixed‑fee initial meetings to review the estate’s facts.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.