Do I Need a Lawyer for Probate in Missouri?

Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist.

Ready to file? Every probate form, step by step.

Frequently Asked Questions

You can technically file without a lawyer, but Missouri has no standardized statewide probate form — the opening petition must be drafted as a formal legal pleading.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)Verified Jul 14, 2026 Most people in this situation work with an attorney, though small-estate procedures remain simpler to handle independently.

Court filing fees in Missouri vary by county.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)Verified Jul 14, 2026 Self-filing costs typically include the court petition fee, publication costs, and bond premiums. The filing fee is a fraction of total probate costs. See a full breakdown with the Missouri probate calculator.

Simple estates in Missouri typically take 6-12 months.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)Verified Jul 14, 2026 The 6-month creditor claim period is the minimum timeline. Self-filed probate takes roughly the same time as attorney-filed probate.

Missouri allows Small Estate Affidavit for estates with personal property under $40,000.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)Verified Jul 14, 2026 There is a 30-day waiting period. These procedures are simpler than formal probate and well-suited for self-filing.

The primary savings from self-filing come from eliminating attorney fees, which are the largest expense in most probate cases. Court filing fees, publication costs, and executor compensation remain the same whether an attorney is involved or not. The Missouri probate calculator shows the attorney fee component.

The probate process in Missouri typically involves filing the petition, notifying heirs and creditors, inventorying assets, paying debts, and distributing the remaining estate. Each step has specific court requirements and deadlines. The Missouri estate settlement plan outlines every step from filing to final distribution.

Missouri Estate Planning Resources

In-depth guides covering Missouri probate laws, trust requirements, and estate planning strategies.