What is the small estate threshold in Missouri?

Missouri allows a Small Estate Affidavit for estates with personal property valued at $40,000 or less (RSMo § 473.023 (court or clerk grants letters), § 473.047 (judge or clerk grants certificate of probate), § 473.050 (will presentment), § 473.065 (self-proved will probated without further proof), § 473.073 (clerk or court admits will and grants letters), § 473.090 (refusal of letters), § 473.097 (small estate), § 473.153 (fees; § 473.153(1) base = personal property administered + court-ordered real property sale proceeds), § 473.157 (bond), § 473.160 (bond waiver), § 473.233 (inventory deadline), § 473.360 (creditor claims), § 473.780 (independent administration), § 473.823 (independent-administration compensation), § 483.530 (probate division court costs), § 488.012 (uniform court cost surcharges)). There is a 30-day waiting period after the date of death before this procedure can be used.

How long does probate take in Missouri?

In Missouri, simple estates typically take 6-12 months. Average estates take 12-18 months. Complex estates with disputes or unusual assets can take 18-36 months or longer (RSMo § 473.023 (court or clerk grants letters), § 473.047 (judge or clerk grants certificate of probate), § 473.050 (will presentment), § 473.065 (self-proved will probated without further proof), § 473.073 (clerk or court admits will and grants letters), § 473.090 (refusal of letters), § 473.097 (small estate), § 473.153 (fees; § 473.153(1) base = personal property administered + court-ordered real property sale proceeds), § 473.157 (bond), § 473.160 (bond waiver), § 473.233 (inventory deadline), § 473.360 (creditor claims), § 473.780 (independent administration), § 473.823 (independent-administration compensation), § 483.530 (probate division court costs), § 488.012 (uniform court cost surcharges)).

When Is Probate Required in Missouri?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

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Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

Missouri allows a Small Estate Affidavit for estates with personal property valued at $40,000 or less. There is a 30-day waiting period after the date of death before this procedure can be used.

Real estate in Missouri generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Missouri, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Missouri, simple estates typically take 6-12 months. Average estates take 12-18 months. Complex estates with disputes or unusual assets can take 18-36 months or longer. Estimate total costs with the Missouri probate calculator.

Probate costs in Missouri typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $31,315 depending on complexity. Use the Missouri probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Missouri include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Missouri

Estates under $40,000 in Missouri may qualify for a Small Estate Affidavit. The 30 days waiting period after death is the main delay before heirs can transfer assets outside of court.

When full probate is required in Missouri, simple estates typically take 6 months to 12 months to close. Complex estates with disputes, tax issues, or out-of-state property can take significantly longer. The probate cost calculator estimates total fees for Missouri estates.

A revocable living trust transfers assets outside the court process. Unlike a will, trust assets in Missouri are distributed privately and without the delays of probate. The Missouri trust vs. will tool compares planning options side by side.