Detailed Answer
Many people ask about the phrase “probate in common form.” That term is used in some states (including North Carolina) to describe a faster, less formal probate process. Under Missouri law, the state does not generally use the label “probate in common form.” Instead, Missouri offers informal probate procedures, independent administration, and limited or small‑estate procedures that serve the same purpose: to settle a decedent’s estate without the full, court‑supervised probate process.
How Missouri’s informal probate and independent administration compare to “probate in common form”
Conceptually, the closest Missouri equivalents are:
- Informal probate: A streamlined process to admit a will and appoint a personal representative with limited court involvement. Courts typically do not supervise each step. Informal probate can be faster and less expensive than formal (supervised) probate.
- Independent administration: When a personal representative (executor or administrator) is appointed as an independent administrator, that person has broader authority to collect assets, pay bills, and distribute property without seeking court approval for routine actions.
- Small‑estate or summary procedures: For estates that qualify as “small” under Missouri rules, there are simplified ways to transfer property (such as filing an affidavit) without full probate.
Typical steps in Missouri informal probate
The following steps give a high‑level view of how an informal probate proceeds in Missouri. Courts and local rules vary, so check the probate division in the county where the decedent lived.
- File a petition with the probate division of the circuit court in the decedent’s county of residence. Include the original will (if any) and a certified copy of the death certificate.
- Ask the court to admit the will to probate and appoint a personal representative (also called an executor when named in a will, or an administrator when there is no will).
- If the court grants the petition, the appointed personal representative receives letters testamentary or letters of administration. If the court authorizes independent administration, the representative gains broader powers to act without prior court approval.
- The personal representative gathers assets, pays valid debts and taxes, notifies heirs and creditors as required, and distributes remaining assets to beneficiaries.
- The representative typically files an estate accounting or final report when distributions are complete, unless independent administration and local practice reduce that requirement.
When Missouri courts may require formal (supervised) probate instead
Missouri courts use formal (supervised) probate when there are contested issues, complex assets, allegations of undue influence, disputes among heirs, or questions about the will’s validity. Formal probate involves more court hearings and ongoing supervision by the probate judge.
Why the distinction matters
Informal processes and independent administration aim to save time and expense. But they also give the personal representative more authority with correspondingly less direct court oversight. If disputes are likely or an estate has complicated tax, creditor, or real estate issues, formal probate or early attorney involvement may better protect the estate and beneficiaries.
Where to find Missouri forms and local rules
Every county’s probate division may use local forms or have specific filing rules. The Missouri Courts website and your county circuit court clerk are the best starting points for instructions, forms, and contact information. For general information about probate in Missouri, see the Missouri Courts probate page: https://www.courts.mo.gov. For current statutes and legislative text, use the Missouri Revisor of Statutes: https://revisor.mo.gov.
Practical example (hypothetical): Jane lives in St. Louis County and her father dies leaving a will and a bank account, a car, and a modest home. Jane files an informal probate petition with the circuit court, submits the will and death certificate, and asks to be appointed personal representative. The court admits the will and issues letters testamentary. Because the estate has few creditors and clear beneficiaries, Jane proceeds under informal probate and—if the court allows—independent administration. She transfers the bank account, titles the car and house as required, pays remaining debts, and files a final report with the court. If a creditor or an heir objects during the process, the matter can move to formal probate for court supervision.
When to get legal help
If you expect disagreements about the will, believe fraud or undue influence may have occurred, if the estate owns businesses, complicated real property, or significant debts, or if you are unsure how to satisfy notice, tax, or creditor requirements, consult a Missouri probate attorney. An attorney helps you choose informal versus formal probate and guides the personal representative’s duties.
Disclaimer: This article explains general Missouri probate concepts and is not legal advice. For advice about a specific estate, contact a licensed Missouri attorney.
Helpful Hints
- Missouri does not typically use the exact phrase “probate in common form.” Look instead for “informal probate,” “independent administration,” or “small‑estate” procedures.
- Start at your county circuit court’s probate division. Court clerks can provide local forms and filing instructions but cannot give legal advice.
- Collect the original will (if any) and a certified death certificate before you file.
- Give prompt notice to heirs and known creditors as required by local rules to avoid later challenges.
- If an estate is small, ask the court or an attorney whether a summary or small‑estate procedure applies—you may avoid full probate.
- Keep careful records: bank statements, receipts, inventories, and communications. These protect the personal representative and the estate.
- Consider consulting a probate attorney if the estate has real property in multiple states, business interests, tax issues, or likely disputes among heirs.
- Search Missouri courts and statute resources for current procedures and forms: Missouri Courts (https://www.courts.mo.gov) and Missouri Revisor of Statutes (https://revisor.mo.gov).