Probate Court in Missouri — Frequently Asked Questions

Probate is the legal process that ensures a person’s estate is handled according to Missouri law after their passing. The court oversees the appointment of a personal representative, confirms the validity of a will (if one exists), pays outstanding debts or taxes, and distributes remaining assets to rightful heirs or beneficiaries.

While the word “probate” can sound intimidating, the process is simply Missouri’s way of making sure things are done fairly and correctly—especially when real estate, minor children, or individuals with special needs are involved.

Consultation

  • Do all estates have to go through probate?

    Not always. Some estates qualify for simplified procedures such as a Small Estate Affidavit or Refusal of Letters. Whether full probate is required depends on the total value of assets and how they are titled at the time of death.

  • How long does probate take in Missouri?

    Probate generally lasts 6 months to 1 year, depending on complexity, court scheduling, and whether there are any disputes. Missouri law requires a minimum 6-month window for creditors to file claims before final distributions can occur.

  • Who oversees the estate during probate?

    The court appoints a personal representative (also called an executor or administrator) to handle all estate matters. This person must be at least 18 years old, mentally competent, and typically a Missouri resident (or have a local agent such as your attorney or a friend).

  • What if there is no will?

    If someone passes away without a will, Missouri’s intestate succession laws determine who inherits. Typically, assets go to the surviving spouse and children first, then parents, siblings, or extended relatives if none remain.

  • How are inheritances handled for minor children?

    If a minor child inherits property, the probate court must ensure the child’s interests are protected. The court may appoint a conservator or hold funds in a restricted account until the child reaches adulthood. Parents or guardians cannot automatically access a child’s inheritance without court oversight.

  • What about beneficiaries with special needs?

    When a beneficiary has special needs or receives government benefits, an inheritance through probate can unintentionally affect eligibility. In these cases, the court or the personal representative may establish a Special Needs Trust or direct funds into an existing trust to preserve essential benefits.

  • Do creditors have to be paid before heirs receive anything?

    Yes. Missouri requires that debts, taxes, and court costs be paid before heirs receive their shares. Creditors have six months from the date of the first published notice to file claims against the estate. You will not pay until the claim is determined legally valid.

  • Can probate be avoided?

    Yes—with proper planning. Tools such as revocable living trusts, beneficiary deeds, transfer-on-death (TOD) designations, and joint ownership with right of survivorship can help assets pass outside of probate entirely.

  • Are probate rules the same in every Missouri county?

    No. While probate is governed by Missouri state law, each county may have its own local court rules and filing requirements. An attorney familiar with your county’s procedures can help avoid unnecessary delays.