How Do I File for Probate in Missouri?

Missouri offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. ONE-YEAR BAR: RSMo 473.050.6 - "no letters of administration shall be issued unless application is made to the court for such letters within one year from the date of death of the decedent" (excepting 473.050.4 and RSMo 537.021); a will not presented within one year (where no notice of letters was given) is "forever barred from admission to probate in this state" (473.050.5). PRIORITY WINDOW: if the person entitled to letters under RSMo 473.110 does not apply within twenty days after death, any interested person may petition (473.020.1), and that petition "must be filed within one year after the date of death of the decedent" (473.020.2). INDEPENDENT ADMINISTRATION (RSMo 473.780-.843) is ELECTED in the application (473.017.1(10) requires the application to state "Whether the application is for supervised or independent administration") - it is not a separate informal/registrar track; Missouri is not a UPC state and has no registrar appointment. BYPASS ROUTES: small estate by affidavit where "the value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars" and thirty days have elapsed since death (RSMo 473.097.1); refusal of letters to a surviving spouse or unmarried minor children where nothing would remain after exempt property and statutory allowances, or to a creditor where "the personal estate of the decedent does not exceed fifteen thousand dollars" and there is no widower, widow or unmarried minor children (RSMo 473.090.1). ATTORNEY REPRESENTATION: there is NO statewide statute or Supreme Court rule requiring counsel to open an estate. The requirement is real but LOCAL - e.g. 23rd Judicial Circuit Local Rule 72.7: "No full decedent's Estate will be administered without an attorney of record (precluded by the unauthorized practice of law rules)." The 21st and 22nd Circuit probate rules carry no equivalent bar - the 22nd expressly contemplates pro se probate filings (Local Rule 4.4: "documents filed by pro se litigants shall be filed with the Clerk of the Probate Division"). RSMo 473.017.1(8) requires the application to state "The name and address of the attorney for the applicant", which presupposes but does not mandate counsel. Do not assert a statewide attorney mandate. CLERK-GRANTED LETTERS: appointment does not require a judge. RSMo 473.023 - "The probate division of the circuit court, or the clerk thereof, subject to modification or revocation by the court, shall grant letters testamentary and of administration"; RSMo 473.073.1-.2 - the clerk or court admits the will and, "On an application for letters, the clerk or court shall determine whether the deceased died testate or intestate and grant letters accordingly". PRO SE E-FILING: not available - the Missouri eFiling System is for registered Missouri attorneys and approved agency filers, and OSCA states "Most pleadings filed by self-represented litigants are filed in paper format."

Probate Division of the Circuit Court handles decedents' estates in Missouri. Probate division of the circuit court issues Letters Testamentary or Letters of Administration after the court grants the petition.

Letters Testamentary are issued when there is a will (to the executor); Letters of Administration are issued when there is no will (to an administrator). They give the personal representative authority to act for the estate.