Estate settlement · MO
Probate in Missouri.
The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Missouri estate attorney for the specifics of your situation.
Estates under $40,000
Missouri's Small Estate Affidavit (R.S.Mo. §473.097) handles estates of $40,000 or less (excluding exempt property). Wait 30 days after death. Filed with the probate division of the circuit court.
9–14 months for full probate
Missouri offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.
Missouri does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.
What makes Missouri different.
- Missouri has no state estate tax and no inheritance tax.
- Probate is heard by the Probate Division of the Circuit Court in each county.
- Missouri offers 'Refusal of Letters' for very small estates — surviving spouse or unpaid creditors can collect assets directly without opening any administration.
- Independent administration is available when all interested parties consent — minimizes court involvement.
- Beneficiary deeds are valid for real estate (transfer-on-death).
What the executor will file.
- Petition for Letters Testamentary or of AdministrationOpens probate.
- Small Estate AffidavitEstates up to $40,000.
- Refusal of LettersSmallest estates — surviving spouse / creditor path.
For the actual current rules.
State rules and thresholds change. These links go to the Missouri courts and bar association — the source of truth for current forms, fees, and procedures.
We have probate guides for the 10 most populous states. Pick another:
This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Missouri estate attorney.
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