What Happens When an Estate Is Insolvent in Missouri?
When an estate owes more than it holds, Missouri pays the claims in 10RSMo § 473.397Verified Sep 23, 2026View source classes in statutory order, beginning with costs.
An estate is insolvent when the claims against it exceed the assets available to pay them. Missouri then pays the claims in 10RSMo § 473.397Verified Sep 23, 2026View source classes, in the order its statute sets; the classes at the end of the order are the ones left unpaid when the money runs out.
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 the state of Missouri under RSMo § 473.398; 7. Expenses of the last sickness, wages of servants, claims for medicine and medical attendance during the last sickness, and the reasonable cost of a tombstone; 8. Debts and taxes due the state of Missouri, any county, or any political subdivision of the state; 9. Judgments rendered against the decedent in his lifetime, and judgments on attachments levied on the decedent's property during his lifetime; 10. All other claims not barred by RSMo § 473.360RSMo § 473.397Verified Sep 23, 2026View source.
Missouri pays them class by classRSMo § 473.430Verified Sep 23, 2026View source: the statute sets the rule class by class rather than one rule for every class.
A executor who distributes property to heirs while claims are unpaid is personally liableRSMo 473.613.3; RSMo 473.637Verified Sep 23, 2026View source. Missouri's statutes state no rule on the executor's personal liability for the decedent's debts or paying a later class before an earlier class is paid in full.
Yes. A person named in a will who has not yet been appointed can decline the appointment, and an insolvent estate is a common reason to. In Missouri, the way to decline is a written renunciation filed with the courtRSMo 473.113Verified Sep 23, 2026View source. The Renunciation of Executor for Missouri prepares the writing or the state's official form.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn moreForms for Settling an Estate in Missouri
Free forms for settling an estate in Missouri: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Missouri.
Renunciation of Executor
In Missouri, a person named as executor may renounce the right to serveRSMo 473.113Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Missouri, heirs put their identity on the land records with an affidavit of heirship recorded with the countyRSMo 490.370; RSMo 301.682; RSMo 474.250; RSMo 473.663Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.
Estate Inventory
In Missouri, the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment.
Estate Closing
In Missouri, the personal representative is discharged automatically once the statutory period runsRSMo § 473.840.6; § 473.837; § 473.660Verified Sep 15, 2026View source, and a final accounting is required.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Tools for Settling an Estate in Missouri
Free tools for settling an estate in Missouri: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Missouri.
How Much Can an Executor Charge?
Missouri sets executor compensation by statute — about $14,050 on a $500,000 estate, roughly 2.8%RSMo § 473.153(1) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M, on personal property administered and court-ordered real estate sales)Verified Sep 8, 2026View source.
Can I Self-File Probate?
Missouri has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableRSMo §§ 473.023 (court or clerk grants letters), 473.073 (clerk or court admits the will and grants letters), 473.047 (judge or clerk grants a certificate of probate), 473.065 (self-proved will)Verified Sep 8, 2026View source.
How Do I Get Letters Testamentary?
In Missouri, the Probate Division of the Circuit Court appoints the personal representative and issues Letters Testamentary or Letters of Administration; an informal (registrar) track is availableRSMo §§ 473.023 (court or clerk grants letters), 473.073 (clerk or court admits the will and grants letters), 473.047 (judge or clerk grants a certificate of probate), 473.065 (self-proved will)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Missouri, creditors have 6 monthsRSMo § 473.360Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
How Do I Claim a Deceased Person's Unclaimed Property?
In Missouri, a deceased owner's unclaimed property is claimed from the Missouri State Treasurer, Unclaimed Property DivisionMo. Rev. Stat. 447.500 to 447.595 (Uniform Disposition of Unclaimed Property Act); RSMo 473.097 (small estate affidavit); 15 CSR 50-3.090Verified Aug 24, 2026View source. An heir claim needs proof of death plus proof of authority: probate documents such as Letters Testamentary or Letters of Administration if the estate was probatedUnclaimed Property (Missouri State Treasurer)Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Social Security Survivor Benefits Can I Get?
Which Social Security survivor benefit a spouse, former spouse, child or parent can get, what share it pays, and the lump-sum death payment.
Hire a Missouri Probate Attorney
Browse 74 probate firms in Missouri with addresses, contact info, and practice details.
Your kids shouldn't have to do this.
Missouri Estate Settlement Resources
In-depth guides covering Missouri probate, estate administration, and settling an estate.