1 Overview — what makes Missouri probate different
Missouri probate is governed by RSMo Chapters 473 and 474 — Missouri's own probate code, not the Uniform Probate Code adopted by states like Minnesota, Colorado, and Arizona. Several features make Missouri's system uniquely distinctive.
First: Attorneys are required by statute (RSMo § 473.787). Missouri mandates that personal representatives hire licensed attorneys for both independent and supervised administration. Self-representation is not permitted for full probate. This is one of only a handful of states with this hard requirement. Missouri's rationale: the PR is acting in a fiduciary capacity on behalf of others (heirs and creditors) and the law treats this as requiring legal expertise.
Second: Statutory minimum fees for both PR and attorney (RSMo § 473.153). Missouri is one of the few remaining states with a statutory minimum fee schedule — and it applies independently to both the personal representative and the attorney. Both receive a percentage of the estate's personal property administered and proceeds of real property sold. On a $500,000 estate, the minimum fee for the attorney alone is approximately $11,625. The PR can claim the same amount. Combined fees can be significant.
Third: Spousal Refusal of Letters (RSMo § 473.090). Missouri's unique procedure allows a surviving spouse to petition the court to refuse to grant letters entirely — bypassing full probate — when the estate is small enough to be covered by the spousal exempt property and support allowances. No other state in this guide series has an equivalent procedure by this name.
Fourth: Four-week consecutive creditor publication. Missouri requires the Notice of Letters to be published for four consecutive weeks — longer than most states. The 6-month creditor period begins from the first publication. The absolute bar cuts off all claims at 1 year from death regardless of when notice was published.
Fifth: 30-day inventory deadline — the fastest mandatory inventory deadline in this guide series. Indiana requires 60 days; Colorado requires 3 months; Massachusetts allows 3 months. Missouri's 30-day deadline creates immediate pressure on newly appointed personal representatives to identify and value all estate assets.
Missouri probate at a glance
| Topic | Missouri rule | Authority |
|---|---|---|
| Governing law | RSMo Chapters 473 (Probate Code) and 474 (Intestate Succession) | RSMo § 473.010 et seq. |
| Probate court | Probate Division of Circuit Court in each county; St. Louis City has its own Circuit Court separate from St. Louis County | RSMo § 472.020 |
| Attorney requirement | REQUIRED for both independent and supervised administration; pro se generally not allowed; RSMo § 473.787 | RSMo § 473.787 |
| Administration types | Independent (will authorizes OR all heirs/devisees consent) or Supervised (court approval for major actions) | RSMo §§ 473.780–473.843 |
| Small estate affidavit | Estate ≤ $40,000 (net of liens/debts); 30-day wait; bond required; can cover real estate; if value > $15,000, creditor publication required 2 weeks | RSMo § 473.097 |
| Spousal Refusal of Letters | Surviving spouse may petition court to refuse to grant letters when estate ≤ exempt property + support allowance; no statutory cap, but local judges vary (St. Louis ~$24K) | RSMo § 473.090 |
| Notice to creditors | Published 4 consecutive weeks in newspaper; 6-month creditor period from first publication; absolute bar 1 year from death | RSMo §§ 473.033, 473.360, 473.444 |
| Mailed creditor notice | Known creditors served within 5 days of first publication; get 2 months from service or remainder of 6-month period, whichever is later | RSMo § 473.033 |
| Inventory deadline | 30 days from appointment (court may extend) — fastest deadline in this guide series | RSMo § 473.233 |
| PR statutory fee (min.) | 5% on first $5K; 4% on next $20K; 3% on next $75K; 2.75% on next $300K; 2.5% on amounts over $400K | RSMo § 473.153 |
| Attorney statutory fee (min.) | Same schedule as PR — both earn independently; court may approve more for extraordinary services | RSMo § 473.153 |
| Elective share | 1/2 if no lineal descendants of decedent; 1/3 if lineal descendants survive | RSMo § 474.160 |
| Homestead allowance | 50% of estate (excl. exempt property), capped at $15,000 | RSMo § 474.290 |
| Exempt property | Automobile, wearing apparel, household furnishings, and farm equipment/crops (no dollar cap for spouse) | RSMo § 474.250 |
| Family allowance | One-year reasonable support from estate during administration | RSMo § 474.260 |
| Beneficiary deed (TOD) | Available — RSMo § 461.025; revocable during lifetime; passes property outside probate | RSMo § 461.025 |
| Holographic wills | Valid in Missouri — entirely in testator's handwriting and signed; no witnesses required | RSMo § 474.320 |
| Filing deadline | Will must be presented within 1 year of death if no letters yet issued; letters application also within 1 year | RSMo § 473.050 |
| MO estate tax | None | — |
| MO inheritance tax | None | — |
2 Attorney requirement & the statutory fee schedule
Missouri's two most distinctive features — the attorney mandate and the statutory fee schedule — work together to create a fundamentally different cost structure from every other state in this guide series.
Missouri statutory fee calculator — RSMo § 473.153
Missouri law sets minimum fees for both the personal representative and the attorney, calculated independently on the same sliding-scale percentage of estate value. These are floors, not ceilings. Both the PR and the attorney may claim these amounts; the court may approve higher compensation for extraordinary services. The PR may choose to waive their fee; the attorney typically cannot waive below the statutory minimum without court approval.
Missouri Statutory Fee Calculator — RSMo § 473.153
Both PR and attorney each earn these minimums independently · Drag to calculate your estate
3 Independent vs supervised administration
Missouri's two administration types govern how much court involvement occurs throughout the process. Independent administration is faster and cheaper; supervised is more protective for contested or complex situations.
| Feature | Independent administration (RSMo § 473.780) | Supervised administration |
|---|---|---|
| How to qualify | Will authorizes it, OR all heirs/devisees consent in writing | Default if neither independent condition is met; or if court converts from independent |
| Court approval for actions | Generally not required; PR acts independently | Required for major actions (sell assets, pay debts, distribute) |
| Annual reports | Not required unless court orders | Annual accountings filed with and reviewed by court |
| Timeline | Can close as soon as 6 months and 10 days from first publication if all deadlines met | Longer due to court approval requirements |
| Closing | Statement of Account filed; court does not need to formally approve distribution | Final settlement filed with detailed accounting; court approves before distribution |
| Court oversight | Limited; court can intervene if interested party complains | Active throughout |
| Best for | Cooperative families; clear wills; uncontested estates | Contested estates; disputes among heirs; insolvent estates; complex asset situations |
| Creditor notice | Notice states PR "may administer independently" (RSMo § 473.783) | Standard creditor notice |
4 Spousal Refusal of Letters — Missouri's unique bypass procedure
Missouri's Refusal of Letters under RSMo § 473.090 is one of the state's most distinctive probate tools. It allows the court to simply refuse to issue letters of administration at all — meaning no probate estate is opened — when the estate is small enough to be covered by the surviving spouse's statutory allowances and exempt property.
Spousal Refusal of Letters — RSMo § 473.090
Court refuses to open estate · No administration · No attorney required · No probate case
✓ When to use Refusal
✗ Limitations to know
5 Small estate affidavit — $40,000 threshold, 30-day wait
Missouri's small estate procedure under RSMo § 473.097 is available when the entire estate (net of liens, debts, and encumbrances) does not exceed $40,000. Unlike most states' small estate affidavits, Missouri's can cover real estate — a signed and recorded affidavit filed with the Recorder of Deeds establishes title without a court order.
| Requirement | Missouri rule |
|---|---|
| Threshold | Entire estate ≤ $40,000 net of all liens, debts, and encumbrances |
| Waiting period | 30 days from date of death (same as Minnesota; shorter than Indiana's 45-day, Colorado's 10-day) |
| Can cover real estate | Yes — affidavit recorded with Recorder of Deeds in each county where property is located establishes title |
| Bond required | Yes — surety bond in amount ≥ estate value (some counties allow bond waiver by all distributees) |
| Attorney requirement | Generally not required by statute for small estates, but St. Louis City, St. Louis County, and Jackson County typically require attorneys even for small estates — check locally |
| Publication required | If property value exceeds $15,000: Clerk publishes 2-week creditor notice; creditors have opportunity to file claims |
| Filing location | Probate Division of Circuit Court in county where decedent resided |
| Pending/granted letters | No pending or granted application for Letters can exist |
| Timeline | ~1–3 months (including 30-day wait and, if applicable, publication period) |
6 Creditor period — 4 weeks, 6 months, 1-year bar
Missouri's creditor notice and claim structure has three distinct components:
| Component | Missouri rule | Authority |
|---|---|---|
| Publication | Notice of Letters published 4 consecutive weeks in newspaper of general circulation in the county — one of the longest publication requirements in any state | RSMo § 473.033 |
| 6-month period | Creditors have 6 months from date of first publication to file claims with the Probate Division clerk | RSMo § 473.360 |
| Mailed notice | PR must mail/serve notice on known creditors within 5 days of first publication; those creditors get 2 months from service OR the remainder of the 6-month period, whichever is later | RSMo § 473.033 |
| Absolute 1-year bar | Regardless of publication or service, all claims are forever barred 1 year after death — with limited exceptions (taxes, secured claims) | RSMo § 473.444 |
| Independent admin close | In independent administration, Statement of Account can be filed as early as 6 months and 10 days after first publication if all other conditions met | RSMo § 473.843 |
7 Independent administration — step by step
- 1
Hire an attorney and determine the right path Required first step
Missouri requires a licensed attorney for full probate administration. Choose an attorney with Missouri Probate Division experience in the relevant county — Jackson County (Kansas City), St. Louis City, St. Louis County, and other large circuits have local rules and preferences. Determine whether the estate qualifies for the small estate affidavit (≤$40,000 net), Spousal Refusal of Letters (estate within spousal allowances), or whether full administration (independent or supervised) is needed. If the estate includes a beneficiary deed (TOD deed), that property passes outside probate entirely and doesn't count toward the fee base.
- 2
File Petition for Letters with Probate Division Within 1 year of death
File a Petition for Letters Testamentary (testate) or Petition for Letters of Administration (intestate) with the Probate Division of the Circuit Court in the county where the decedent was domiciled. If seeking independent administration, the petition should note that the will authorizes it or include written consents of all heirs/devisees. Include original will, certified death certificate, proposed PR, list of heirs/devisees. Jackson County filing fee: ~$190.50 (testate) or ~$155.50 (intestate), plus publication costs. Fees vary by county; verify with local Probate Division clerk.
Petition for Letters Testamentary/AdministrationOriginal willCertified death certificates × 4–6Filing fee: varies by county - 3
Clerk publishes Notice of Letters — 4 consecutive weeks Starts 6-month creditor period
After letters are issued, the Probate Division clerk arranges publication of Notice of Letters (also called Notice to Creditors) for 4 consecutive weeks in a qualifying newspaper in the county. For independent administration, the notice states that the PR "may administer the estate independently" (RSMo § 473.783). Publication costs typically run $150–$200. The 6-month creditor period begins from first publication. Within 5 days of first publication, the PR must mail/serve notice on all known creditors.
Notice of Letters (4-week publication)Mailed to known creditors within 5 days - 4
File inventory within 30 days Missouri's strictest deadline
Within 30 days of appointment (the shortest inventory deadline in this guide series), file a complete inventory of all estate assets with the Probate Division clerk (RSMo § 473.233). List all probate assets with date-of-death values — personal property, real property (that doesn't pass by TOD deed), business interests, financial accounts. The court may grant extensions. The inventory is a public document and establishes the fee base for statutory PR and attorney compensation. Get professional appraisals for real estate, businesses, and any valuable personal property.
Inventory (RSMo § 473.233)Deadline: 30 days from appointmentFiled with Probate Division Clerk - 5
Administer estate — collect assets, pay debts and taxes, address spousal claims
Collect and secure all estate assets. Pay valid creditor claims after the 6-month creditor period, in statutory priority order (RSMo § 473.397). File the decedent's final Missouri income tax return (Form MO-1040) and federal return (Form 1040). No Missouri estate tax return is required. Address the surviving spouse's statutory rights: exempt property (§ 474.250), family allowance (§ 474.260), and homestead allowance (§ 474.290 — capped at $15,000). The spouse may also elect against the will: 1/2 of estate if no lineal descendants, 1/3 if there are lineal descendants.
- 6
Distribute estate and file Statement of Account Earliest: 6 months 10 days from first pub.
After the 6-month creditor period expires (and all claims, taxes, and expenses are resolved), distribute remaining assets per the will or Missouri intestacy. In independent administration, file a Statement of Account and Petition for Distribution/Discharge with the Probate Division (RSMo § 473.843). The statement details all receipts, disbursements, and proposed distributions. In independent administration, the earliest possible filing date is 6 months and 10 days after first publication of notice. For supervised administration, a detailed Final Settlement is filed and court approval is required before distribution.
Statement of Account (independent)OR Final Settlement (supervised)Petition for DistributionReceipts from all distributees
8 Timeline & costs
| Scenario | Timeline | Key driver |
|---|---|---|
| Spousal Refusal of Letters (small estate) | 4–8 weeks | Court petition + court order; no creditor period |
| Small estate affidavit (≤$40K, personal property) | 1–3 months | 30-day wait + publication if value >$15K |
| Independent administration — simple estate | 8–12 months | 6-month creditor period (4-week publication) + 30-day inventory + closing |
| Jackson County or St. Louis courts | 9–14 months | Higher volume; court scheduling delays |
| Supervised administration | 10–16+ months | Court approval requirements; annual accountings |
| Contested will or PR dispute | 12–36+ months | Evidentiary hearings; potential appeal |
| Cost item | Typical amount | Notes |
|---|---|---|
| Court filing fee (testate) | ~$190.50 (Jackson Co.) | Varies by county; verify locally |
| Court filing fee (intestate) | ~$155.50 (Jackson Co.) | Varies by county |
| Publication costs | ~$150–$200 | 4 consecutive weeks; varies by newspaper |
| Small estate affidavit fee | ~$55 (base fee) | Plus publication if value >$15K |
| PR statutory fee (minimum) | 5%→2.5% sliding scale | $100K estate: ~$3,300; $300K estate: ~$8,050; $500K estate: ~$11,625 |
| Attorney statutory fee (minimum) | Same scale as PR | Both earn independently — combined fees double the individual amounts |
| MO estate/inheritance tax | $0 | Missouri has neither state estate tax nor inheritance tax |
| Surety bond premium | 0.5%–1% annually | Unless waived by will or all beneficiaries |
9 Key Missouri probate forms
Missouri probate forms are available from each county's Probate Division clerk and from the Missouri Courts website at courts.mo.gov. Large circuits like Jackson County (Kansas City) and the Circuit Court of the City of St. Louis publish detailed Probate Procedures Manuals with local forms. Attorneys must e-file through Missouri's Case.net system. Self-represented litigants may file in paper, though some counties require attorneys even for small estates.
Filed to admit the will and appoint the personal representative for a testate estate. Must be filed within 1 year of death (or 6 months from first publication of notice if letters already issued). Include original will, certified death certificate, PR information, and list of heirs and devisees. For independent administration, the petition must include the will's authorization or written consents of all heirs/devisees. Filing fee: ~$190.50 in Jackson County; varies by county.
Filed to appoint a personal representative for an intestate estate (no will). Priority for appointment: surviving spouse first, then adult children, parents, siblings, and other heirs. Filing fee: ~$155.50 in Jackson County. Court will identify heirs and their intestate shares per RSMo Chapter 474. Attorney required for all full administrations.
Filed with the Probate Division clerk when estate (net of liens) is $40,000 or less, 30 days after death. Bond required. If estate value exceeds $15,000, the Clerk publishes 2-week creditor notice. Can cover real estate — affidavit recorded with Recorder of Deeds establishes title. Some large counties (St. Louis, Jackson) require attorneys even for small estates. Base fee ~$55 plus publication costs if required.
Petitioned by the surviving spouse (or unmarried minor children) when the estate is ≤ the exempt property and support allowance. Court refuses to grant letters entirely — no probate estate is opened. Order recorded with Recorder of Deeds establishes title to real property. Available at any time. No statutory dollar cap, but local judges vary (St. Louis County typically limits to ~$24,000). Probate Division clerk may assist with forms per RSMo § 473.091.
Required when the will does not authorize independent administration but all heirs and devisees consent. Each interested person must sign separately — no joint consents. Filed with the petition or shortly after. Without the will's authorization or unanimous consents, supervised administration is the default. Once all consents are filed, the notice to creditors should state that the PR "may administer the estate independently."
Published for 4 consecutive weeks in a qualifying newspaper in the county by the Probate Division clerk after letters are issued. The 6-month creditor period runs from first publication. The PR must also mail notice to known creditors within 5 days of first publication. For independent administration, the notice states the PR "may administer independently." Publication costs: ~$150–$200 depending on county newspaper.
Filed within 30 days of appointment (extensions available by court order). Lists all probate assets — personal property, real property subject to probate, and proceeds of any property already sold. Values as of date of death. This inventory establishes the fee base for statutory PR and attorney compensation. Proper professional appraisals for real estate and business interests are critical, as the inventory value directly determines mandatory minimum fees.
Independent administration: Statement of Account filed as soon as 6 months and 10 days after first publication of notice. Details all receipts, disbursements, and proposed distribution; no formal court approval required before distribution. Supervised administration: Final Settlement filed with detailed accounting; court reviews and approves before any distribution can occur. Both require receipts from all distributees.
10 Missouri probate courts — all 115 jurisdictions
Missouri has 114 counties plus the City of St. Louis, which is an independent city not part of any county — making 115 total probate jurisdictions. Each has a Probate Division of the Circuit Court. Red-bordered = major urban circuits with detailed local rules and higher volume. File in the county where the decedent was domiciled. Jackson County (Kansas City) and St. Louis City have the most detailed local Probate Procedures Manuals — consult them before filing.
Showing all 115 Missouri jurisdictions