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When a person named in a will needs real property transferred after a Missouri decedent’s death, the court process commonly used is probate. Probate is the court-supervised procedure that admits a will to the record, appoints a personal representative (called an executor or administrator), resolves creditor claims, and allows distribution of estate property, including real estate. In Missouri the primary statutes governing wills and estate administration are in the Missouri Revised Statutes: Chapter 473 (Wills) and Chapter 474 (Administration of Estates). See: RSMo Chapter 473 and RSMo Chapter 474.

People sometimes ask about doing “probate without qualification.” That phrase can mean different things. Commonly, it refers to seeking admission of the will and limited court action to transfer title without a lengthy, formal administration process. In Missouri, there are several ways property can be transferred after a death, depending on the estate’s complexity and whether a personal representative is appointed and “qualifies” by taking an oath and receiving letters from the court:

1. Full probate with a qualified personal representative. The usual method is to file the will and a probate petition in the county probate court, have the court admit the will, and appoint the named executor (who then “qualifies” by taking an oath and obtaining letters testamentary). The personal representative uses their statutory authority to sign a deed or other recordable instrument to transfer title to the beneficiaries. The recorder’s office will usually require a certified copy of the court order admitting the will and the letters showing the personal representative’s authority before recording the deed.
2. Independent administration or limited court involvement. Missouri allows forms of administration where the personal representative has broad authority to act without seeking court approval for every step (often called independent administration in some states). If an executor qualifies and the court grants ordinary administration powers, that representative can transfer property under the will by executing and recording the executor’s deed, typically accompanied by proof of appointment.
3. Probate for transfer only or simplified procedures. In some straightforward cases—small estates with no creditors or when the will clearly devises the property—parties may seek a relatively narrow probate action solely to admit the will and obtain the documentation needed to transfer title. This minimizes court involvement, but it still generally requires a court order or issuance of letters so the person transferring the property can demonstrate legal authority to the county recorder.
4. Other non-probate transfer options. Not all real property passes through probate. Property held jointly with rights of survivorship, property owned in a trust, property with a valid transfer-on-death instrument (if used and valid under Missouri law), or property that passes to a named co-owner will transfer outside probate. When these apply, title can transfer without opening a probate administration.

Typical steps to transfer real property under a will in Missouri

1. Locate the original will and death certificate.
2. File a petition to admit the will to probate in the probate division of the circuit court in the county where the decedent lived. The court will notify heirs and interested parties as required by statute (see RSMo Chapter 474).
3. If the court admits the will, the executor will qualify (take an oath) and receive letters testamentary or letters of administration. These documents are the usual proof of authority to act for the estate.
4. The personal representative prepares and signs a deed conveying the property to the devisee(s). Missouri recorders typically require a certified copy of the letters and of the order admitting the will to be recorded with, or attached to, the deed so the chain of title is clear.
5. Address creditor claims, estate taxes (if any), and any court requirements before or at distribution, depending on whether administration is independent or supervised. The personal representative must follow Missouri law and court orders about notice, creditor timelines, inventories, and accounting (see RSMo Chapter 474).
6. Record the deed and other required probate documents in the county recorder’s office where the property is located. Recording completes the public transfer of title and protects the new owner’s interest in the property.

Key practical points

• Even if you seek only limited probate to get title moved, courts expect proper notice to heirs and creditors and may require the same basic paperwork that a full estate requires.
• County recorders will generally accept a deed signed by the personal representative when accompanied by a certified copy of the letters testamentary or letters of administration and the probate order. Keep certified copies; recorders will not accept uncertified photocopies.
• If the estate is small, Missouri has simplified methods for collecting certain assets without full administration. Whether these apply to real property depends on the statute thresholds and the specific facts—real property often requires formal probate or a statutory transfer mechanism acceptable to the recorder.
• Title companies often require an affidavit or title insurance endorsement showing the property passed properly through probate. If title insurance is needed for resale or financing, plan for possible additional steps.

For statutory authority see the Missouri Revised Statutes on wills and estate administration: RSMo Chapter 473 (Wills) and RSMo Chapter 474 (Administration of Estates). Those chapters describe how wills are proved, how personal representatives are appointed and qualify, notice requirements, inventories, creditor procedures, and distribution duties.

Helpful Hints

• Before filing anything, locate the original will and at least one certified death certificate.
• Talk to the county probate clerk about local filing requirements and forms. Clerks can explain basic filing steps but not give legal advice.
• Get certified copies of letters and the court admitting the will—recorders and title companies will require them.
• If the estate seems simple and small, ask whether a simplified procedure applies. Do not assume real property will pass without some probate paperwork.
• Contact a probate attorney when title defects, disputes among heirs, potential creditor claims, or tax issues exist. These can complicate or delay transfers and may affect your rights.
• Keep careful records of all distributions, deeds, and probate filings. Proper documentation protects the personal representative and the new owners.

Disclaimer: This article explains general Missouri probate concepts to help you understand the process. It is not legal advice. For advice about a specific situation, contact a licensed Missouri attorney who practices probate and real estate law.