Settling an estate in Missouri
An executor in Missouri has to work through the Circuit Court (Probate Division) and a long list of tasks that have nothing to do with the court. This page sets out what Missouri law actually requires at each step, with the section it comes from and the date we last read it.
- Probate court
- Circuit Court (Probate Division)
- Small-estate shortcut
- Estates of $40,000 or less may qualify for a simplified small-estate procedure (personal property only — it will not transfer real estate).
- Creditor claim period
- 6 months
- Typical timeline
- 6–12 months
- State death tax
- None — no state estate tax and no state inheritance tax
Immediate
Obtain certified death certificates
Missouri issues a certified copy to any applicant having a direct and tangible interest in the record, under Mo. Rev. Stat. § 193.255.1, so be ready to say which interest is yours rather than assuming that being family speaks for itself. The subsection worth knowing is the next one. A certified copy is for all purposes the same as the original and is prima facie evidence of the facts stated in it. But where the record was filed more than a year after the event, or has been amended, its evidentiary value is decided by the body it is offered to. That matters if you have had a death certificate corrected: a bank or a court is entitled to weigh an amended certificate rather than simply accept it, so allow time for it and keep the correspondence. Two practical notes. The funeral director usually orders the first batch as part of their service, so ask them how many they have already requested before you order more — families routinely pay twice. And order more than you think: banks, insurers and transfer agents often keep the copy you give them rather than returning it. Confirm the current fee on the state’s own page at the moment you order, because fees change without notice.
Mo. Rev. Stat. § 193.255·last read 2026-08-25
Locate the will (or confirm there is none)
Missouri answers the question families most often get stuck on: the will is in the bank and nobody can open the box. Under Mo. Rev. Stat. § 473.043 a depository holding a will in a safe deposit box is itself the custodian for this purpose, and it may make a copy before delivering the original to the court — so the bank can act without waiting for anyone to be appointed. The custodian delivers to the probate division of the circuit court with jurisdiction over the estate, or to the division for the county where the will is found, in which case that court keeps a copy and forwards the original by certified mail. Missouri sets no deadline at all, which cuts both ways: nothing is technically late, and nothing forces the pace. If the court is satisfactorily informed that someone has a will and refuses to produce it, it may summon that person and compel production by attachment and commitment. Make your request in writing and keep a dated copy: with no statutory deadline, that is what turns an indefinite wait into a refusal a court can act on.
Mo. Rev. Stat. § 473.043·last read 2026-08-25
Short-term
Claim the family allowances you are entitled to
Missouri gives three things, and the most valuable of them has no dollar limit at all. Under Mo. Rev. Stat. § 474.250 the surviving spouse, or the unmarried minor children, take certain property absolutely and without regard to its value. The list covers the family bible and other books, one automobile or other passenger vehicle including a pickup truck, all the family’s wearing apparel, all household electrical appliances, all household musical and other amusement instruments, and all household and kitchen furniture, appliances, utensils and implements. A car of any value passes that way. Section 474.260 adds a one-year support allowance, a reasonable sum for maintenance during administration which is in addition to the homestead allowance and the exempt property and may not run beyond a year. And § 474.290 gives a homestead allowance of up to half the estate, measured after taking out the exempt property and that support allowance, but capped in every case at $15,000. Ask about all three: the exempt property is the part families most often leave behind. One thing can remove all of this. Mo. Rev. Stat. § 474.140 catches a married person who voluntarily leaves their spouse and continues with an adulterer, or who abandons them without reasonable cause and lives separate and apart for one whole year immediately before the death, or who dwells with another in a state of adultery continuously. Such a person is forever barred not only from inheritance rights but from the HOMESTEAD ALLOWANCE, EXEMPT PROPERTY and ANY STATUTORY ALLOWANCE. The allowances go with the share, so where the couple had been living apart, raise § 474.140 before counting on any of them.
Mo. Rev. Stat. §§ 474.250, 474.260, 474.290, 474.140·last read 2026-08-27
Notify beneficiaries and keep them informed
In Missouri the clerk does this, not you — which is a relief, but it means you must check it happened rather than assume it did. Under Mo. Rev. Stat. § 473.033, as soon as letters are issued the clerk publishes notice of the appointment in a newspaper once a week for four consecutive weeks, and that notice doubles as the notice to creditors to file claims or be forever barred. The clerk also mails a copy to each heir and devisee whose name and address appear on the application or in the court records, and any heir or devisee may waive that in writing. Proof of publication and proof of mailing must be filed no later than ten days after the publication is complete — check the file, because the creditor bar depends on it. Getting this wrong rarely costs money directly — it stalls the case. An estate that cannot show notice was properly given can be held open, and the appointment itself can be reopened, so keep proof of what you sent, to whom, and on what date.
Mo. Rev. Stat. § 473.033·last read 2026-08-18
Determine if probate is required
Missouri has a short-form route most families have never heard of: Refusal of Letters. a surviving spouse or unmarried minor children can ask the court to refuse to grant letters at all, which ends the matter without administration — separate from, and often better than, the small-estate affidavit. The affidavit route itself requires the whole estate to be $40,000 or less less liens, debts and encumbrances, 30 days to have passed, and no application for letters pending or granted. Ask the probate division about refusal of letters before assuming the affidavit is your only option.
Mo. Rev. Stat. §§ 473.090, 473.097·last read 2026-08-18
Legal Process
File a petition with the probate court
Missouri wants the will’s contents in the application even where you cannot produce the will. Under Mo. Rev. Stat. § 473.017 an application for letters testamentary or of administration must state the deceased’s name, age, sex, domicile, last residence address and the fact and date of death. It must give the names, relationship and residence addresses of the surviving spouse, heirs, devisees and legatees, with birth dates for any minors and the conservators of any minor or disabled heir. It must also state the probable value of the real and personal property. Two items are easy to miss. If the applicant has reason to believe there are heirs or devisees who are mentally incapacitated, or others whose names and addresses are unknown, the application must say so. And where the person died testate and the will has not been delivered to the court, the application must set out the contents of the will — by attaching a copy, or, where the will is lost, destroyed or suppressed, by stating its provisions so far as known. One practical point: the word your state uses for this office is not decoration — asking for the wrong one wastes a trip and a phone call. And where a registrar or clerk can grant it, no judge is involved and no hearing is set, so nothing in the system will prompt you: the case moves only when you file.
Mo. Rev. Stat. § 473.017·last read 2026-08-25
Inventory all assets and debts
Missouri gives you thirty days from the grant of letters, among the tightest deadlines we cover, and tells you how to sort the list. It is not alone at that figure: Kansas also gives thirty days under K.S.A. 59-1201, so this is a shared floor rather than a Missouri peculiarity. Under Mo. Rev. Stat. § 473.233 the personal representative must make and return an inventory and appraisement, in one written instrument, of all the property of the deceased that comes to their possession or knowledge, including exempt property, with a statement of all encumbrances, liens and other charges. The court may allow longer. The property is classified into six groups: real property with a description and address; furniture, household goods and wearing apparel; corporate stocks; mortgages, bonds, notes and other written evidence of debt; bank accounts, insurance payable to the representative, and money; and all other personal property. The relief sits in the second group — no detailed appraisement or listing of the individual household items is required. Two things that apply everywhere. Values are as of the date of death, not today — a house that has risen since is still listed at what it was worth then. And the inventory is the document everything else is measured against: fees, bond, and every later distribution. It is also what beneficiaries most often challenge, so take the time to get it right rather than filing a rough figure you intend to fix later.
Mo. Rev. Stat. § 473.233·last read 2026-09-09
Publish notice to creditors
In Missouri the clerk publishes this, not you — which is the single most common misunderstanding here, because almost every guide written for other states tells the representative to arrange it. Under Mo. Rev. Stat. § 473.033, as soon as letters testamentary or of administration are issued the clerk causes notice of the appointment to be published in a newspaper once a week for four consecutive weeks. That same notice carries the notice to creditors to file their claims in the court or be forever barred. The clerk also mails a copy to each heir and devisee shown in the application or court records. Proof of publication must be filed no later than ten days after the publication is complete — check the file for it, because the creditor bar depends on it having happened. You may, but need not, send a copy to a creditor whose claim is unpaid. The claim period itself is in § 473.360: a claim not filed in the probate division within six months after the date of the first published notice of letters is forever barred — or within two months of actual mailing or service of notice on that creditor, whichever is later. Two things to hold on to. Publication is what starts the clock in most states, so an estate where nobody published can stay exposed to claims far longer than the family expects. And a known creditor usually has to be told directly — publication alone does not bind someone whose name and address you could reasonably have found.
Mo. Rev. Stat. §§ 473.033, 473.360·last read 2026-08-18
Administration
Identify and close digital accounts
Missouri names its own small-estate mechanism precisely, and the generic wording does not fit it. Under Mo. Rev. Stat. § 472.430 the content of electronic communications is disclosed where the deceased person consented or a court directs it, on a written request, a certified copy of the death certificate, and a certified copy of the letters testamentary or letters of administration. The alternative is a certified copy of the certificate of the clerk issued in connection with a small estate affidavit, or a court order. So it is the clerk’s certificate, not the affidavit itself, that a Missouri custodian should be given — asking for the wrong document is what stalls these requests. Unless the person used the online tool you must also produce the will, trust or power of attorney evidencing consent. Section 472.425 separately lets the custodian choose, at its sole discretion, how much of the account to disclose. The rule to hold on to everywhere: without consent you generally get only the catalogue — who was contacted, when, and at what address — not what was actually said. “The executor can get into the accounts” is not what these laws do. And if you are advising someone still living, the provider’s own online tool is where this should be set, because it beats the will.
Mo. Rev. Stat. §§ 472.430, 472.425·last read 2026-08-25
Financial Settlement
Pay valid debts and expenses
Missouri uses ten classes and separates “costs“ from “expenses of administration“ at the very top. Mo. Rev. Stat. § 473.397. (1) Costs. (2) Expenses of administration. (3) Exempt property, Family and Homestead Allowances. (4) Funeral expenses. (5) Debts and taxes due the United States. (6) Debts for medical assistance owed to Missouri under § 473.398. (7) Expenses of the last sickness, wages of servants, medicine and medical attendance during the last sickness, and the reasonable cost of a tombstone. (8) Debts and taxes due Missouri or any county or political subdivision. (9) Judgments rendered against the person in their lifetime. (10) All other claims not barred. Note the family allowances rank above the funeral here, and Missouri’s own Medicaid claim ranks above the last sickness. Paying a lower-ranked debt before a higher-ranked one can leave you personally liable for the difference. So where the estate may not cover everything, stop before paying anything beyond the costs and expenses of administration, and take advice. The exempt property and the family and homestead allowances rank ahead of the funeral in Missouri — as the note above says — so the funeral bill is not the safe first payment it looks like.
Mo. Rev. Stat. § 473.397·last read 2026-08-27
File required tax returns
Missouri’s estate tax is still in the statute book and still produces nothing. RSMo § 145.011 imposes a tax on the transfer of every deceased person’s estate that consists in whole or in part of property with a tax situs in Missouri — and then defines the tax as the maximum credit for state death taxes allowed by Internal Revenue Code section 2011. That credit was phased out and replaced by a deduction, so the Missouri figure computes to zero and no Missouri estate tax return is required. Missouri has no inheritance tax. It does tax income, so an estate that earns income while it is being administered will have a Missouri fiduciary return to file alongside the federal one. Ask the Department of Revenue for the current form and threshold rather than working from an old checklist. None of that removes the federal returns: the deceased’s final income tax return, and Form 1041 for income the estate itself earns during administration. And it does not help with property in another state, which may carry that state’s own death tax and its own filing.
RSMo § 145.011·last read 2026-08-25
Distribution
Distribute assets to heirs
Missouri’s cushion for a surviving spouse is among the smallest we cover and has not moved in decades. It is not alone at the bottom: Ohio also starts at $20,000 under R.C. 2105.06 where the family is blended, and Pennsylvania is next at $30,000. Mo. Rev. Stat. § 474.010 sets three shares. The spouse takes the entire intestate estate if there are no surviving children or their descendants. They take the first twenty thousand dollars plus half the balance if there are children and all of them are also the spouse’s. And they take a flat one half if one or more of the children are not the spouse’s. Twenty thousand is worth saying out loud, because on any ordinary estate it barely registers — in practice a Missouri spouse with children is looking at roughly half. Note also there is no surviving-parent tier: with no children, the spouse takes everything even if the deceased’s parents are alive. Missouri also has a misconduct bar, and it is unusually blunt. Under Mo. Rev. Stat. § 474.140 a married person who voluntarily leaves their spouse and goes away and continues with an adulterer is forever barred from inheritance rights, the homestead allowance, exempt property and any statutory allowance. The same applies to one who abandons their spouse without reasonable cause and continues to live separate and apart for one whole year immediately before the death, or who dwells with another in a state of adultery continuously. Note what is lost: not a reduced share but everything, allowances included. If the couple had been living apart, ask about § 474.140 before distributing. These shares apply only where there is no valid will — a will overrides all of it. And do not distribute anything until the creditor period has run and the debts are settled: a representative who pays the family early can be personally liable for what is still owing. One more point, and it is an absence rather than a rule. Missouri’s intestacy chapter contains no provision disqualifying a person who killed the deceased — the run from § 474.010 to § 474.150 has nothing on it, and the chapter’s own cross-references send you elsewhere. What Missouri has is § 461.054, which sits in the nonprobate transfers law. A beneficiary who wilfully and unlawfully causes, or joins another in causing, the death of the owner or of the person insured is disqualified from any benefit of a nonprobate transfer and from the policy proceeds, and the designation then takes effect as though they had disclaimed it. The same section voids a beneficiary designation, or a revocation of one, that was procured by fraud, duress or undue influence. It is established by a conviction or guilty plea once the direct appeal is exhausted, or in a proceeding that any interested person or the transferring entity may bring, on the lower preponderance of the evidence standard. Because that section is written for beneficiary designations, do not assume it answers who takes the probate estate — that is a question for an attorney. Section 474.060 settles who counts as a child, in the older and narrower form. An adopted person is the child of the adopting parent and not of the natural parents, except that adoption by the spouse of a natural parent has no effect on the relationship with that natural parent. That one only — the section says nothing about preserving anything with the other. A person born out of wedlock is a child of the mother. They are also a child of the father where the parents went through a marriage ceremony even a void one, or where paternity was established by an adjudication before the father died, or is established afterwards by clear and convincing proof. No deadline is attached to that last route. It does run one way, though: paternity established that way does not let the father or his kindred inherit from or through the child unless he openly treated the child as his and did not refuse to support them.
Mo. Rev. Stat. §§ 461.054, 474.010, 474.060, 474.140·last read 2026-09-09
Close Estate
File a final accounting and close the estate
Missouri’s independent administrations close by a Court Order of Complete Settlement rather than by a statement you simply file. Under Mo. Rev. Stat. § 473.837 an independent personal representative may Petition for an order of complete settlement of the estate. Notice then goes to all interested persons under § 473.840 and there is a hearing. After it the court may determine who is entitled to distribution, approve the settlement, and direct or approve the distribution. And — the part that matters to you — it may discharge the independent personal representative from further claim or demand of any interested person. That discharge is worth having: it is the difference between finishing the work and being formally released from it. Closing is what ends your exposure, so do not simply stop when the money runs out — an estate left open leaves the representative personally on the hook. Note what that does to your timing: in Missouri the release comes from the court at that hearing, not from a document you file and then wait out. So pursue the order rather than assuming time alone will discharge you, and keep the file, the receipts and the proof of what you sent until the order is in hand.
Mo. Rev. Stat. § 473.837·last read 2026-08-19
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EstateMate is not a law firm and this is not legal advice. Every note above cites the section it came from and the date it was last read, so you can check it yourself. Statutes change, and the right answer can turn on facts specific to your family — when something looks close to the line, talk to a Missouri probate attorney.