Resources for St. Louis executors

Missouri probate typically takes 6–12 months for a standard estate. Simple estates with no disputes can close in as few as 6 months. Complex estates with contested wills, multiple properties, or creditor claims can take 12–18 months or longer. The mandatory creditor claims period alone is 6 months from the first publication of notice.

Court filing fees in Missouri range from $50–$200. Attorney fees are typically 3–5% of the estate value, though some attorneys charge hourly. Personal representative (executor) compensation is set by statute: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, and 2.75% of the next $300,000. Additional costs include appraisals, title searches, and publication fees.

Yes, in most cases. If you have independent administration, you can sell without court approval. Under supervised administration, you’ll need court permission, which typically takes 30–90 days. The key is having Letters Testamentary (if there’s a will) or Letters of Administration (if there’s no will) — these give you the legal authority to act on behalf of the estate.

Missouri doesn’t require an attorney for probate, but it’s strongly recommended — especially for larger estates, contested wills, or situations with multiple heirs. An attorney ensures proper filings, protects you from personal liability, and can often accelerate the process. Many probate attorneys offer free initial consultations.

When someone dies without a will (intestate), Missouri’s succession laws determine who inherits. The surviving spouse and children have first priority. Someone must petition the court to be appointed as personal representative (administrator) to manage the estate. The process is similar to probate with a will but may take longer if heirs disagree.

A personal representative is the person appointed by the court to manage the estate. If named in a will, they’re called the executor. If appointed by the court (no will), they’re called the administrator. Their duties include inventorying assets, paying debts, filing taxes, and distributing property to heirs. They have a fiduciary duty to act in the best interest of the estate.

Yes, in some cases. Beneficiary deeds (transfer-on-death deeds) transfer property automatically at death without probate. Joint tenancy with right of survivorship also avoids probate. Missouri’s small estate affidavit allows estates under $40,000 to bypass formal probate (§ 473.097). Revocable living trusts also avoid probate for assets placed in the trust.

The mortgage doesn’t disappear at death. Heirs who inherit the property can assume the existing mortgage under the federal Garn-St. Germain Act without triggering the due-on-sale clause. If the estate can’t make payments, the lender may foreclose. The estate is responsible for payments during probate — if no payments are made, selling quickly is usually the best strategy.

Disagreements among heirs are common. If heirs can’t agree on what to do with inherited property, any heir can petition the court for a partition action — essentially forcing a sale and dividing the proceeds. Mediation is often a better (and cheaper) first step. Having an independent third party evaluate options can sometimes break the deadlock.

Missouri has no state inheritance tax or estate tax. Federal estate tax only applies to estates over $13.61 million (2024). The property receives a “stepped-up basis” at death, meaning capital gains tax is only owed on appreciation after the date of death, not the original purchase price. Property taxes continue to accrue and must be paid by the estate or heirs.

Helpful links

Missouri Case.net

Search court cases and filings

Missouri Revisor of Statutes

Probate code (§ 473)

Missouri Bar Lawyer Referral

Find a licensed attorney

HUD Housing Counseling

Free housing counselors

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How to spot probate scams

Families going through probate are frequent targets for scammers. Know the warning signs.

Unsolicited letters claiming you owe money

Scammers monitor public probate filings and send official-looking letters demanding payment for fake debts or fees. Legitimate creditors file claims through the court.

Companies demanding upfront fees to “release” your inheritance

No legitimate service requires upfront payment to access an inheritance. This is a hallmark of advance-fee fraud. Your probate attorney handles asset distribution.

Pressure to sign documents quickly

Scammers create urgency to prevent you from consulting an attorney. Legitimate transactions give you time to review. Never sign anything you don’t fully understand.

Offers to “buy” your inheritance rights at a steep discount

Some companies prey on grieving families by offering pennies on the dollar for inheritance rights. Get a proper appraisal and consult your attorney before agreeing to anything.