Missouri Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across all of Missouri – thresholds, deadlines, and costs. For your specific county’s Probate Division address and local filing details, see that county’s page.

Where Probate Happens

Missouri probate is handled by the Probate Division of the Circuit Court in the county where the deceased lived. Missouri maintains its own comprehensive probate framework rather than the Uniform Probate Code, offering both independent administration (reduced court oversight) and supervised administration (full court involvement).

Important: Missouri Generally Requires An Attorney

Missouri requires that an attorney represent the personal representative in both independent and supervised administration – an important distinction from many other states where an attorney is recommended but not legally required. For a small estate affidavit specifically, an attorney becomes mandatory if the estate is over $15,000 or includes any interest in real estate.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estate Affidavit (RSMo § 473.097)

Total estate value, less liens, debts, and encumbrances, must not exceed $40,000. This threshold applies to the estate’s overall net value – not just personal property – making it a somewhat narrower procedure than states that only cap personal property.
Can be filed by the person named as personal representative under a will (if the will was presented for probate within the applicable limitation period), or by any distributee, starting 30 days after the death.
Can be filed with the probate court at any time, even more than a year after the date of death – Missouri doesn’t impose a strict filing deadline for this affidavit the way some states do.
If the estate value is over $15,000, notice must be published in a newspaper; estates under $15,000 require no such notice.
Most creditors must file a claim in a full, open probate administration to have a right to payment – since a small estate proceeding isn’t a full probate estate, this means debts often don’t need to be affirmatively paid through the small estate process itself (though this varies by situation – consult an attorney).

STEP 2: FORMAL PROBATE (for estates above the threshold)

File with the Probate Division in the relevant county; the court appoints a personal representative.
Choose (or the will directs) independent administration – reduced court oversight – or supervised administration – full court involvement at each step.
Notice to creditors is published per statutory timelines; Missouri courts have been enforcing stricter compliance with publication and proof-of-notice requirements as of 2026.
The estate is inventoried, debts are paid, and remaining assets distributed.

Recent Practical Note (2026)

Missouri probate courts have clarified asset valuation standards for small estate affidavit eligibility and are requiring more complete documentation upfront (certified death certificates, original wills, clear asset disclosures) before approving appointment of a personal representative – incomplete filings can result in continuances or delays.

Timeline

Small estate affidavits can often be completed in weeks rather than months, sometimes for well under $1,500 in costs. Formal probate timelines vary with complexity and whether independent or supervised administration is used.

Taxes

Missouri has no state estate tax or inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is over $13 million per individual (confirm the current year’s figure, since it adjusts).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate Division address, phone number, and local filing details, visit that county’s page.