Disclaimer: This article provides general information on Missouri probate law. It does not constitute legal advice. Consult a qualified attorney to address your unique situation.
Detailed Answer
Step 1: Determine Whether Formal Probate Is Required
Missouri law requires formal probate when a decedent’s assets exceed the small-estate threshold or include real estate. If the estate’s personal property totals $40,000 or less and no real estate exists, you may use a small-estate affidavit under RSMo § 474.390 (https://revisor.mo.gov/main/OneSection.aspx?section=474.390).
Step 2: Locate a Valid Will (If One Exists)
If the decedent left a will, present it to the Probate Division of the Circuit Court in the county where the decedent resided. Under RSMo § 472.040 (https://revisor.mo.gov/main/OneSection.aspx?section=472.040), anyone holding a will must promptly deliver it to the court.
Step 3: File a Petition for Probate or Administration
Prepare and file one of the following petitions in the Probate Division:
- Petition for Probate of Will and for Letters Testamentary (when a valid will exists).
- Petition for Letters of Administration (when there is no will).
Include the decedent’s death certificate, a list of known heirs, and the names and addresses of beneficiaries or next-of-kin. Missouri rules require payment of a filing fee.
Step 4: Appoint a Personal Representative
After reviewing the petition, the court appoints an executor (if there’s a will) or an administrator (if intestate) under RSMo Chapter 473. Letters of appointment grant the personal representative authority to manage estate assets.
Step 5: Provide Notice to Interested Parties
The personal representative must notify beneficiaries, heirs, and creditors. Publish a general notice to creditors in a local newspaper under RSMo § 473.450 (https://revisor.mo.gov/main/OneSection.aspx?section=473.450). Send direct notice to known creditors and heirs.
Step 6: Inventory, Appraise, and Administer Assets
Within 60 days of appointment, file an inventory and appraisement of estate assets under RSMo § 473.360 (https://revisor.mo.gov/main/OneSection.aspx?section=473.360). Pay valid debts, file final income tax returns, and prepare for distribution.
Step 7: Close the Estate
After debts and taxes are paid, file a final settlement report and petition for discharge. Upon court approval, you distribute remaining assets to beneficiaries or heirs and close the estate.
Helpful Hints
- Verify estate value early to determine if small-estate affidavit is available.
- Keep detailed records of all notices, filings, and disbursements.
- Notify all potential heirs to avoid delays and objections.
- Work with a probate clerk to confirm local court requirements and forms.
- Consider hiring a probate attorney if the estate includes real property, complex assets, or disputed claims.