How Probate Works in Missouri

Does Missouri require probate?

Not always. Missouri provides simplified options for smaller estates and has a relatively streamlined probate process for larger ones.

Estates valued at $40,000 or less (after subtracting liens and encumbrances) can bypass formal probate through a small estate affidavit or the refusal of letters process. These simplified procedures allow assets to be transferred without appointing a personal representative.

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What court handles probate in Missouri?

Probate in Missouri is handled by the Circuit Court (Probate Division) in the county where the deceased person lived. In larger counties like Jackson County (Kansas City) and St. Louis County, there are dedicated probate divisions with judges who handle estate matters exclusively.

Missouri imposes a one-year filing deadline: the will should be filed for probate within one year of the date of death (Missouri Revised Statutes § 473.050). Filing after this deadline may create complications, though late filings can sometimes be accepted at the court's discretion.

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Small estate threshold

Missouri offers simplified procedures for estates valued at $40,000 or less (after subtracting liens and encumbrances):

Small estate affidavit

For estates that qualify:

• At least 30 days must have passed since the date of death.
• No petition for appointment of a personal representative is pending.
• The total value of the estate, less liens and encumbrances, does not exceed $40,000.
• The claimant must be entitled to receive the property.

The affidavit can be presented to banks and other institutions to claim assets.

Refusal of letters

When an estate qualifies and the court confirms that formal administration is unnecessary, the court can issue a "refusal of letters," confirming that no personal representative needs to be appointed. This is essentially a court acknowledgment that the estate is small enough to be handled without formal probate.

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Independent vs. supervised administration

For estates that require full probate, Missouri offers two tracks:

Independent administration

The personal representative manages the estate with minimal court oversight. Available when the will authorizes it or all heirs agree. The personal representative can sell property, pay debts, and make distributions without getting court approval for each action.

Supervised administration

The court oversees each major step. The personal representative must petition the court for authority to sell property, pay certain claims, or distribute assets. This is the default if the will does not specify a preference and the heirs do not agree to independent administration.

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What if there is no will?

When someone dies without a will in Missouri, the estate follows the state's intestate succession laws (Missouri Revised Statutes § 474.010):

• Spouse, no children or parents. The surviving spouse inherits the entire estate.
• Spouse and children (all shared). The surviving spouse receives the first $20,000 plus one-half of the remaining estate. The children divide the rest.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the estate. The children divide the other half.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

Missouri also provides a homestead allowance and a family allowance for the surviving spouse and minor children during estate administration.

For a broader overview, see our guide on handling an estate without a will.

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What makes Missouri different?

One-year filing deadline

Missouri's one-year deadline for filing a will is stricter than most states (many have no deadline at all). While late filings may be accepted at the court's discretion, filing within the one-year window avoids potential complications.

Refusal of letters

The "refusal of letters" process is distinctive to Missouri. Rather than simply certifying an affidavit, the court formally acknowledges that no personal representative is needed. This can be useful for small estates that need an official court document to present to stubborn financial institutions.

No state estate or inheritance tax

Missouri has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Missouri.

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