Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Starting estate administration in Missouri requires gathering key documents and certificates to prove your authority and identify assets and liabilities. Below is a checklist of essential items and the statutory basis where applicable:
- Death Certificate
Obtain multiple certified copies of the decedent’s death certificate from the Missouri Department of Health and Senior Services. Many institutions require original certified copies to release assets. - Original Will and Codicils
Locate the decedent’s original will and any codicils. You must file the original will with your probate court when you petition to open probate. See RSMo § 473.010 and § 473.015. - Probate Petitions
If the decedent left a will, file a Petition for Probate of Will. If there is no will, file a Petition for Letters of Administration under RSMo § 473.020. Include:- Original will (if any)
- Death certificate copy
- Names and addresses of heirs or beneficiaries
- Estimated value of the estate
- Letters Testamentary or Letters of Administration
After court approval, you will receive letters appointing you as executor or administrator. These letters serve as your official authority to collect assets and pay debts. - Asset Records
Gather documents showing ownership and value of assets, including:- Real estate deeds and mortgage statements
- Bank and brokerage statements
- Retirement account and pension statements
- Life insurance policies with beneficiary designations
- Titles for vehicles, jewelry appraisals, and business agreements
- Beneficiary Designations
Collect copies of pay-on-death (POD), transfer-on-death (TOD), and other beneficiary designation forms for financial accounts and insurance policies. These assets often pass outside probate. - Identification Documents
Secure copies of the decedent’s Social Security number, driver’s license, and any marriage or divorce certificates. You may also need ID for yourself when dealing with banks. - Tax Records
Locate the decedent’s federal and state income tax returns from the past few years. You will need them to file a final personal return and, if required, an estate tax return. - Debt and Liability Documents
Obtain statements for outstanding debts, such as credit cards, mortgages, car loans, or personal loans. A full list helps you meet deadlines for filing creditor claims under Missouri law (RSMo § 473.440). - Affidavits of Heirship or Small Estate Forms
For small estates (under $40,000 in personal property), you may qualify for a simplified procedure using an Affidavit for Collection of Personal Property (RSMo § 473.033).
Helpful Hints
- Request at least 10–15 certified death certificates; government agencies and financial institutions often require originals.
- Maintain an organized file (physical or digital) of all documents and correspondence.
- Check deadlines: Missouri law gives creditors three months to file claims after notice (RSMo § 473.440).
- Schedule an estate valuation early to avoid delays in tax filings and distributions.
- Consult your probate court clerk for local filing requirements and fees.
- If you cannot find the original will, be prepared to provide evidence of its loss or destruction and follow procedures under RSMo § 473.065.
- Keep clear records of all estate transactions for final accounting to the court and beneficiaries.