Where to Open Probate When a Relative Dies in Another State — Missouri Guidance

Detailed Answer

Short answer: The main probate is usually opened in the state where the deceased was domiciled (their legal residence) at the time of death. Missouri courts will only get involved if the deceased owned property located in Missouri — in that case you may need an ancillary probate or ancillary administration in Missouri to transfer those Missouri assets.

This article explains how to tell which state should handle the primary probate, when Missouri becomes involved, and what steps to take if you are facing a situation where someone died in one state but lived in another.

What “domicile” (legal residence) means

Domicile generally requires two things: (1) physical presence in a place and (2) an intent to make that place your permanent or primary home (or at least your home for an indefinite period). Someone can only have one domicile at a time.

Examples:

• If your parent had lived, worked, voted, paid taxes, and kept a primary home in North Carolina for years and only died while visiting Virginia, their domicile was likely North Carolina — so primary probate should be opened in North Carolina.
• If your parent maintained a permanent home in Virginia and only temporarily stayed in North Carolina, Virginia would likely be the decedent’s domicile and primary probate would be in Virginia.

Which state handles the main probate?

The state of domicile at death handles the primary administration of the estate: admitting the will (if any), appointing a personal representative or administrator, and distributing the decedent’s personal property and debts under that state’s probate law.

When Missouri courts become involved

Missouri will only play a role if the decedent owned Missouri-situated assets — most commonly:

• Real estate in Missouri (land, houses, condominiums).
• Titled personal property located in Missouri that requires transfer by court order (sometimes vehicles, boats).
• Bank accounts or brokerage accounts physically located in Missouri that the institution requires a local court order to close or transfer.

If there are Missouri assets, you commonly do an ancillary probate or ancillary administration in Missouri. That process relies on documentary proof (an authenticated copy of the domiciliary court’s letters testamentary or letters of administration and a death certificate) and lets a Missouri court exercise limited authority to transfer only the Missouri assets.

Practical steps to decide and act

1. Confirm domicile: gather evidence of where the decedent lived and intended to live (driver’s license, voter registration, tax returns, lease or deed, utility bills, medical records).
2. Locate the original will (if any). The will is typically filed in the probate court of the decedent’s domicile.
3. If the domicile is North Carolina (or Virginia), begin the primary probate in that state’s probate court where the decedent lived. The personal representative appointed there has authority over general estate administration.
4. If the decedent owned property in Missouri, contact the county probate court in the Missouri county where the property is located to learn their ancillary probate requirements. Typically you will file a certified copy of the domiciliary court’s letters and the death certificate and ask the Missouri court to appoint an ancillary representative or to accept the foreign letters for local transfer of property.
5. Consider small-claims or affidavit procedures: many states allow a simplified affidavit process for small estates or for certain personal property; check whether those faster options work instead of full ancillary probate.
6. Get local counsel when needed: if more than minimal Missouri assets exist, or if title-sensitive real estate must be transferred, hire a Missouri probate attorney to handle the ancillary filing and local closing requirements.

Documents you will typically need

• Certified death certificate.
• Original will or copy if available (some courts want the original).
• Evidence of the domicile (listed under Practical Steps).
• List of assets and where each asset is located (addresses of real property, bank locations, account numbers).
• Certified copy of foreign (out-of-state) letters testamentary or letters of administration if applying for ancillary probate in Missouri.

Where to look for Missouri statutes and court resources

Missouri statutes and court rules on probate and estate administration are available through the Missouri Revisor of Statutes and Missouri Courts websites. For general statute browsing use the Missouri Revisor: https://revisor.mo.gov. If you need the county-specific probate court contact, use the Missouri Courts site for court locations and local clerk contact info.

Helpful Hints

• Don’t assume physical place of death dictates probate — look to domicile (where they lived and intended to remain).
• Find the original will right away; some states require the original will to be presented for probate in the domiciliary court.
• If property sits in Missouri, expect ancillary probate or a local transfer procedure even if primary probate is in another state.
• Joint accounts and accounts with pay-on-death (POD) designations often pass outside probate. Gather account records to see which assets avoid probate entirely.
• Small estate affidavits can dramatically simplify transfers when the estate value is small. Check whether North Carolina, Virginia or Missouri offer an affidavit procedure that applies to your situation.
• Keep careful records of expenses, communications with banks and courts, and any steps you take to preserve property.
• When in doubt, consult a probate attorney in the domiciliary state for the main probate, and consult a Missouri attorney if there are Missouri assets. You may need counsel in two states.

Next steps

1) Determine the decedent’s domicile through documents and facts. 2) Contact the probate court in that state to start the primary probate. 3) If the decedent owned property in Missouri, contact the Missouri probate court in the county where the property sits to learn the ancillary process and filing requirements. 4) Consider hiring local counsel for either the domiciliary probate or Missouri ancillary probate depending on complexity.

Disclaimer: This is general information about Missouri probate practice and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Missouri attorney and, if the primary probate is in another state, an attorney licensed in that state.