Losing someone close to you is never easy. On top of the emotional burden, many families face the task of settling the loved one’s estate. This often involves a legal procedure known as probate. In Missouri, the process is governed by state-specific probate law, which outlines how a person’s assets are managed and transferred after death.
Probate can vary depending on the size and nature of the estate. Some cases are relatively straightforward, while others involve more steps and court supervision. At Checkett, Pauly, Bay & Morgan, LLC, with offices in Carthage, Missouri, and Nevada, Missouri, we’re here to help you or someone you know after suffering the loss of a loved one.
What Probate Involves
Probate refers to the court-supervised process that takes place after a person’s death to settle their financial and legal affairs. This process includes validating the will (if one exists), paying off debts, and distributing any remaining property to heirs or beneficiaries.
If the deceased person had a will, the court will determine if it’s legally valid. If there was no will, the estate is handled under Missouri’s intestacy rules, which distribute assets according to a specific order of family relationships.
The probate court in the county where the deceased lived handles the case. Probate law in Missouri grants authority to an executor (named in the will) or a personal representative (appointed by the court) to carry out the legal steps required.
When Probate Is Required
Not all assets go through probate. For example, jointly owned property with rights of survivorship, payable-on-death bank accounts, and assets with named beneficiaries (such as life insurance) generally pass directly to the co-owner or beneficiary. However, any property owned solely in the deceased person’s name will usually be subject to probate.
Missouri probate law typically applies when:
The deceased owned real estate in their name only
The estate includes personal property without designated beneficiaries
There are outstanding debts or taxes to address
Legal disputes arise among heirs or beneficiaries
Even if probate isn’t legally required, some financial institutions or title companies may ask for probate orders before releasing assets. That’s why it’s helpful to know what the process includes, even in smaller estates.
Initial Steps After Death
Before filing anything in court, a few practical steps should be taken:
Secure the home and valuables: It’s important to protect any property to prevent loss or damage.
Locate the will: If the person had a will, it should be submitted to the appropriate probate court.
Identify all potential heirs and beneficiaries: This will be required once the case is filed.
Obtain multiple death certificates: These are often needed when closing accounts or claiming benefits.
These early tasks can make the rest of the probate process more manageable.
Filing for Probate
The process formally begins when a petition is filed with the Probate Division of the Circuit Court. This document asks the court to open the estate and appoint a personal representative. If the deceased had a valid will, the named executor is typically appointed. If there’s no will, the court selects someone—often a close family member—to serve in that role.
The court also issues “letters testamentary” or “letters of administration,” which give the personal representative legal authority to act on behalf of the estate.
Notifying Interested Parties
After the probate case is opened, Missouri probate law requires that certain parties be notified. These include:
All known heirs and beneficiaries
Creditors who may have a legal claim against the estate
The public, via a notice published in a local newspaper
This notice period gives creditors time—typically six months—to file claims. Heirs and beneficiaries may also raise objections during this time if they believe there are issues with the will or the administration of the estate.
Identifying and Valuing Assets
The personal representative must create an inventory of all assets that are part of the estate. This includes:
Real estate
Vehicles
Bank accounts
Investment accounts
Business interests
Personal belongings
In some cases, professional appraisals are needed to determine the fair market value of property. This inventory is filed with the court, and it serves as a snapshot of the estate's total value. Missouri probate law expects these records to be detailed and accurate.
Paying Debts and Expenses
Before any assets are distributed, the estate must settle all legitimate debts and financial obligations. This includes:
Funeral costs
Credit card bills
Medical expenses
Taxes (including final income tax and any estate taxes owed)
Legal and court fees related to the probate
Creditors must submit claims during the six-month notice period. The personal representative has a duty to review and pay valid claims. If the estate doesn’t have enough funds to pay all debts, Missouri probate law sets a priority order for payments.
Distributing Assets to Heirs or Beneficiaries
After debts and taxes have been paid, the remaining property can be distributed. If there’s a will, the personal representative follows the instructions in the document. If there’s no will, assets are distributed according to Missouri’s intestacy laws.
Here’s a general breakdown of who may inherit under intestacy:
Spouse
Children (including adopted children)
Parents
Siblings
These rules can be affected by blended families, stepchildren, or predeceased heirs with descendants. The court reviews the final distribution report to confirm that everything has been handled according to probate law.
Closing the Estate
Once all tasks have been completed—debts paid, taxes filed, and property distributed—the personal representative submits a final accounting to the court. This document outlines how the estate’s assets were handled.
If the court approves, it issues an order closing the estate and releasing the personal representative from further duties. At this point, the probate process is officially complete.
How Long Probate Takes
In Missouri, probate usually takes between six months and one year. However, certain factors can extend the timeline:
Disputes between heirs or beneficiaries
Real estate sales that take time to complete
Incomplete or disorganized records
Difficulty locating heirs
While some delays are unavoidable, staying organized and responsive can help keep things moving.
Probate Costs in Missouri
Probate involves several types of expenses, which may include:
Court filing fees
Personal representative compensation (allowed under Missouri law)
Attorney fees
Appraisal or accounting fees
Publication costs for creditor notices
These costs are paid from the estate before any distributions are made. The total amount depends on the estate’s size and whether disputes arise. On average, costs may range from 3% to 7% of the estate’s value.
Simplified Procedures for Small Estates
Missouri offers a few alternatives to full probate for smaller estates:
Small estate affidavit: According to the Missouri Revisor of Statutes, if the estate’s value is $40,000 or less and at least 30 days have passed since the death, heirs can file a small estate affidavit. This skips much of the formal probate process.
Refusal of letters: If a surviving spouse or minor child is entitled to all the assets, they can request a simplified distribution without probate.
Independent administration: If all heirs agree, the estate can go through a less supervised process, reducing court involvement.
These procedures can save time and money, especially for families with modest estates.
Common Challenges During Probate
Even with clear guidelines, a few issues can arise that may complicate probate:
Will contests: If someone believes the will is invalid due to fraud, undue influence, or lack of capacity, they can challenge it.
Disputes over property: Family members may disagree over how certain items should be valued or distributed.
Unclear titles: Real estate may need title correction before it can be transferred.
Missing or unknown heirs: The court may require extra steps to identify and notify them.
These issues can extend probate and may require hearings or legal motions to resolve. That’s why it’s important to handle probate law matters carefully and document each step.
When Probate Isn’t Needed
Some estates can avoid probate entirely through effective planning. Common tools used in Missouri to bypass probate include:
Revocable living trusts
Joint ownership with rights of survivorship
Payable-on-death accounts
Transfer-on-death deeds for real estate
These legal tools transfer property automatically at death without court involvement. While they don’t eliminate all administrative tasks, they can reduce the burden significantly.
Dedicated Probate Counsel
The probate process plays an important role in settling a loved one’s affairs and making sure their final wishes are respected. If you or someone you know is in need of probate law guidance, contact Checkett, Pauly, Bay & Morgan, LLC. Our attorneys serve clients in southwestern Missouri, including Carthage, Webb City, Joplin, Nevada, Lamar, Mount Vernon, Galena, Kimberling City, Branson, Branson West, Cassville, Monett, Aurora, Pineville, Anderson, Goodman, Neosho, Granby, Springfield, Jasper County, Newton County, Lawrence County, Barton County and Vernon County. Contact us today.
