Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Estate Administration in Missouri
In Missouri, estate administration generally takes place in the Probate Division of the Circuit Court in the county where the decedent lived at the time of death. The Circuit Court’s Probate Division oversees the appointment of personal representatives (executors or administrators), validates wills, resolves creditor claims, and supervises distribution of assets.
Key steps include:
- Filing a petition for probate with the Clerk of the Circuit Court – Probate Division in the decedent’s county of residence.
- Notifying heirs and creditors as required by RSMo § 473.090 (Notice to heirs) and RSMo § 473.223 (Creditor notice).
- Obtaining Letters Testamentary or Letters of Administration to act on behalf of the estate.
- Filing inventory, accounting, and final distribution documents per RSMo § 472.380.
Locate your county’s Circuit Court Clerk and Probate Division at your county courthouse or on the Missouri Courts website.
Handling Unclaimed Property Claims
Missouri’s Unclaimed Property Law requires businesses and financial institutions to report and remit unclaimed property—such as dormant bank accounts, uncashed checks, and insurance benefits—to the Missouri State Treasurer’s Office, Unclaimed Property Division. Claimants then file a claim to recover their property.
To file a claim:
- Search the database at treasurer.mo.gov/unclaimed.
- Submit a claim form online or by mail, providing proof of ownership (e.g., photo ID, account statements).
- Wait for verification, which can take several weeks, depending on complexity and volume of claims.
The Unclaimed Property Law appears in RSMo Chapter 447.
Helpful Hints
- Before filing probate, check whether the estate qualifies for small-estate procedures under RSMo § 473.201 (assets under $40,000).
- Use certified mail when notifying heirs and creditors to create a record of service.
- Gather multiple copies of the death certificate—courts and financial institutions often require originals.
- Keep detailed records of all transactions and court filings to simplify final accounting.
- For unclaimed property, periodically re-search the state database if you relocate or change your name.