Late Creditor Claims in Missouri Probate: Quick FAQ

Short answer: In Missouri probate, a creditor who waits past the published 90‑day notice period to file a claim against an estate will often be barred from collecting from estate assets, but there are important exceptions and procedural ways a late claim can sometimes be allowed. Whether a late claim is honored depends on how the estate provided notice, whether the creditor had actual knowledge, the type of claim (secured vs. unsecured), and whether the court finds good cause to permit the late filing. This is not legal advice.

How creditor notice and the 90‑day period generally work

When someone dies and a personal representative (executor or administrator) is appointed, Missouri law requires the representative to notify creditors. The representative usually publishes notice to creditors and must send direct notice to known creditors. Creditors then have a window—commonly referred to as the 90‑day period after the first publication or after receipt of direct notice—to present (file) claims against the estate. See the Missouri probate statutes on creditor notice for the specific publication and notice rules: RSMo §474.360.

What happens if a creditor files after the 90‑day notice period?

Several outcomes are possible when a claim is filed late:

• Claim is disallowed (most common): The personal representative or beneficiaries can ask the probate court to disallow the late claim. If the court finds the creditor had proper notice and the filing was untimely, the claim will usually be barred from recovery from estate assets.
• Court permits the late claim for good cause: Missouri courts have discretion to allow late claims in some circumstances—for example, where the creditor did not receive notice, the creditor acted promptly after learning of the death, there is excusable neglect, or the estate or its representatives misled the creditor. If the court allows the claim, it may be paid from estate assets according to priority rules.
• Limited recovery outside the probate estate: A late claim may still be enforced against the debtor personally (if the creditor has a direct claim against a survivor who remains liable) or against property that passed outside probate (e.g., assets in joint tenancy or payable‑on‑death accounts), depending on applicable law and timing. Missouri treats claims and secured interests differently; secured creditors may have remedies against collateral even if the claim against the estate is untimely.
• Statutes of limitations and independent rights: A creditor’s underlying debt may still be enforceable against a surviving co‑signer, guarantor, or transferee, subject to statutes of limitation and separate defenses.

Common reasons courts allow late claims

• The creditor never received actual notice (only constructive/published notice was given and the creditor was unknown).
• The creditor acted promptly after learning of the death and filing deadlines.
• The representative or estate made misleading statements or failed to follow statutory notice steps.
• The delay was caused by circumstances beyond the creditor’s control and the estate/beneficiaries would not be unfairly prejudiced.

What the personal representative or beneficiaries can do

If you represent the estate or are a beneficiary:

• File a written objection to the late claim and ask the probate court to disallow it.
• Provide the court evidence showing how and when notice was given (publication affidavit, copies of mailed notices to known creditors, etc.).
• If the court considers allowing the claim, be prepared to show prejudice that would result from permitting a late claim (e.g., depletion of distributed assets or loss of priority among creditors).

What a late‑filing creditor should do

• File the claim immediately and include a sworn explanation for the delay and any supporting evidence (e.g., proof you did not receive notice).
• Ask the court for leave to file the late claim and explain why the claim should be allowed (lack of notice, excusable neglect, prompt action upon learning of death).
• Preserve other remedies—check whether the debt’s statute of limitations still runs against the debtor or whether the claim is secured by collateral outside the estate.

Practical examples (hypothetical)

Example 1 — Known creditor given direct notice: A credit card company received mailed notice and the estate published notice. The company files 120 days after the first publication with no good excuse. The personal representative objects and the court disallows the claim as untimely.

Example 2 — Unknown creditor without actual notice: A local contractor completed work shortly before the decedent died and never received actual notice. The contractor files 6 months later after learning of the death. The court may allow the late claim if the contractor files promptly after learning and the estate isn’t prejudiced.

Where to find the law and next steps

Missouri’s probate statutes set the notice and claim procedures; for the statute governing notice to creditors, see: RSMo §474.360. Because the consequences of late filing can hinge on facts (what notice was given, when the creditor learned of the death, whether the claim is secured), consult a Missouri probate attorney or contact the probate court handling the estate to learn how local judges apply these rules.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice about a specific estate, timely filing, or objecting to a claim in Missouri probate court, consult a licensed Missouri attorney who can evaluate the facts and file necessary pleadings.

Helpful Hints

• Act quickly. If you are a creditor, file immediately after learning of the death and explain any delay in your filing.
• Ask the personal representative for proof of published notice and for records of mailed notice to known creditors.
• Document everything: dates you received notice, communications with the estate, and any evidence of why notice was not received.
• Check whether the debt is secured or whether there are co‑debtors—you may have remedies outside the probate estate.
• If you represent the estate, preserve objections in writing and move the court to disallow clearly untimely claims to protect estate assets for rightful beneficiaries.
• When in doubt, consult a Missouri probate attorney promptly—timing is critical in estate matters.