After a death in Missouri, the estate either qualifies for the simplified procedure for estates under $40,000RSMo § 473.097Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsRSMo § 473.360Verified Sep 8, 2026View source to file claims after notice.
Certified copies come from the Missouri Department of Health and Senior Services - Bureau of Vital RecordsMissouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $14Missouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $11Missouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source; standard processing takes 4-8 weeks for mail orders; local offices usually fasterMissouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Missouri death certificate guide carries the ordering details.
Missouri sets an order for who controls the disposition of remains: surviving spouse, unless a dissolution action is pending, then surviving children, with the guardian of a minor child serving in the child’s place, then surviving parent; for a minor decedent, a court-appointed guardian granted the right of sepulcher, then the custodial parentMo. Rev. Stat. § 194.119Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceMo. Rev. Stat. §§ 194.119.2(1), 404.710Verified Oct 17, 2026View source, and a written designation outranks the default order. The Missouri burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Missouri allows estates valued at $40,000RSMo § 473.097Verified Sep 8, 2026View source or less to use the Small Estate AffidavitRSMo § 473.097Verified Sep 8, 2026View source, which avoids full probate administration. In Missouri the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysRSMo § 473.097Verified Sep 8, 2026View source after death.
The opening petition is prepared to statute and filed with the Probate Division of the Circuit CourtRSMo 473.017 (application for letters - content); 473.020 (who may apply / time limits); 473.023 (court or clerk to grant letters); 473.073 (proof required for probate and grant of administration); 473.110 (priority for letters); 473.780-.843 (independent administration)Verified Aug 24, 2026View source. Probate division of the circuit court issues Letters Testamentary or Letters of Administration after the court grants the petition. The Missouri Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Missouri typically settles in 6 months to 12 months, and an average estate in 12 months to 18 months. The creditor claim period of 6 monthsRSMo § 473.360Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Missouri: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Missouri.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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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.
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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.
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Estate Inventory
In Missouri, the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment.
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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.
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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.
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Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
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 Many Death Certificates Do I Need?
In Missouri, certified death certificates come from the Missouri Department of Health and Senior Services - Bureau of Vital RecordsMissouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $14Missouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source, additional copies $11Missouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source each.
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Do I Need Probate?
In Missouri, estates valued at $40,000RSMo § 473.097Verified Sep 8, 2026View source or less use the Small Estate AffidavitRSMo § 473.097Verified Sep 8, 2026View source,30 daysRSMo § 473.097Verified Sep 8, 2026View source after death, a court filing short of full probate.
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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Missouri: Missouri law names no affidavit or certificate to record when a joint tenant or tenant by the entirety dies. Survivorship rights in jointly held property fall outside Missouri's nonprobate transfers lawRSMo chs. 442 (§§ 442.025, 442.380, 442.400, 442.450), 59 (§§ 59.310, 59.313, 59.330), 461, 473, 474 and 193Verified Oct 26, 2026View source.
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Do I Have to File Tax Returns for Someone Who Died?
Missouri requires a final state income tax return for the decedent alongside the federal Form 1040Mo. Rev. Stat. § 143.011Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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How Do I Settle an Estate?
Settling an estate in Missouri: the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment; creditors have 6 monthsRSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
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How Much Are Estate & Inheritance Taxes?
Missouri levies no estate or inheritance taxMo. Rev. Stat. §§ 145.011, 145.1000; Mo. Dept. of Revenue, Estate Tax (no Missouri estate tax imposed; no return required for deaths on or after Jan. 1, 2005)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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What Taxes Apply to My Inheritance?
Missouri imposes no inheritance or estate taxMo. Rev. Stat. §§ 145.011, 145.1000; Mo. Dept. of Revenue, Estate Tax (no Missouri estate tax imposed; no return required for deaths on or after Jan. 1, 2005)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
Missouri Executor ChecklistRSMo § 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 Sep 8, 2026View source
Notify immediate family members
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Missouri: State law sets the order of who controls disposition of remains. Order: Attorney in fact designated in a durable power of attorney that specifically grants the right of sepulcher; then For a decedent on active military duty, the person designated on DOD Form 93; then Surviving spouse, unless a dissolution action is pending; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Missouri: The death certificate must be filed within 5 days.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Missouri: Order from Missouri Department of Health and Senior Services - Bureau of Vital Records. Fee: $14/copy ($11 additional). Available: online, phone, mail, in-person. Processing: 4-8 weeks for mail orders; local offices usually faster.
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Missouri: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Missouri's estate recovery program (MO HealthNet Division, Cost Recovery Unit) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Missouri: Divorce automatically revokes beneficiary designations naming a former spouse on TOD investment accounts, financial institution accounts (Mo. Rev. Stat. § 461.051). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Missouri: Homestead exemption up to $15,000. Minor children also protected. Missouri allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.RSMo §§ 513.475, 474.290Verified Sep 15, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.
Probate must be opened within 1 year of the deathRSMo 473.050.6 (no letters unless application made within one year of death); RSMo 473.050.3(2), .5 (will presented within one year, else forever barred)Verified Aug 24, 2026View source
Missouri: Statewide form: Application for Letters Testamentary (executor named in will); Application for Letters of Administration with Will Annexed (testate, no named executor serving); Application for Letters of Administration (intestate). File with the Probate Division of the Circuit Court. E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fees vary by estate value. Informal probate available. Independent administration reduces court supervision. Typical duration: 8-24 months.RSMo 473.017 (application for letters - content); 473.020 (who may apply / time limits); 473.023 (court or clerk to grant letters); 473.073 (proof required for probate and grant of administration); 473.110 (priority for letters); 473.780-.843 (independent administration)Verified Aug 24, 2026
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Missouri: Letters Testamentary are issued by the Probate division of the circuit court (judge or clerk), after granting the application for letters. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Copy of the death certificate; Original will and any codicils, delivered to the probate division after death (RSMo 473.043); OSCA: "the Original Will must be filed with Probate (RSMo 473.043) before Letters will be granted"; Application for Letters Testamentary / of Administration stating decedent, heirs/devisees, probable value of the estate, the attorney for the applicant, and whether supervised or independent administration is sought (RSMo 473.017.1(1)-(10)); Bond, unless waived by the will or excused by the court (RSMo 473.157, 473.160); Consent to appointment / consent to independent administration / waiver of bond by the persons receiving, where the will does not direct it; Publication of the notice of letters to creditors after appointment, published by the clerk once a week for four consecutive weeks (RSMo 473.033).RSMo 473.017 (application for letters - content); 473.020 (who may apply / time limits); 473.023 (court or clerk to grant letters); 473.073 (proof required for probate and grant of administration); 473.110 (priority for letters); 473.780-.843 (independent administration)Verified Aug 24, 2026
Post surety bond if required
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Missouri: Bond required unless waived in will. Typical premium: 0.5% of estate value. Beneficiaries may waive bond in writing (RSMo 473.157 (bond required); RSMo 473.160 (when bond not required: will waiver, deposit of assets, corporate PR, court finding of good cause)).RSMo §§ 473.157 (requirement), 473.160 (waiver by will)Verified Sep 8, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Missouri: Attorney fees are set by statute.RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Missouri: Missouri requires publication for 4 consecutive weeks. Typical cost: $150. The court or clerk arranges the newspaper publication after appointment; the executor does not place the notice directly. Creditors have 6 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 60 days from the mailing. Proof of publication must be filed with the court.RSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Missouri: Missouri has adopted digital asset access laws (2018). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.RSMo §§ 472.400-472.490 (Missouri Fiduciary Access to Digital Assets Act)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Missouri: Search Missouri State Treasurer, Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.
Missouri: Property owned in other states may require ancillary probate in those states. Small estate exception may apply for property under $40,000. State recognizes out-of-state personal representatives.RSMo §§ 473.676, 473.677, 473.678, 473.097Verified Sep 15, 2026View source
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Missouri: Divorce automatically revokes beneficiary designations naming a former spouse on TOD investment accounts, financial institution accounts (Mo. Rev. Stat. § 461.051). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 30 days after appointment as personal representativeRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source
Missouri: Inventory due within 30 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.RSMo §§ 473.233, 473.240Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Missouri: If the estate cannot pay every claim, payment order: Costs; then Expenses of administration; then Exempt property, family and homestead allowances; then remaining claims in statutory order.RSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 6 months from first publication of the creditor noticeRSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source
Missouri: Creditor claim period is 6 months from first publication. All claims are barred 1 year after death regardless of notice.RSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Missouri: Missouri titles can carry a Certificate of ownership in beneficiary form (Transfer on Death) (Mo. Rev. Stat. 301.681). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Missouri Department of Revenue, Motor Vehicle Bureau.
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Missouri: File MO-1040 for January 1 through date of death. Due April 15 following year of death (automatic 6-month extension with federal extension). Deceased taxpayer: select the deceased checkbox on Form MO-1040 for the taxpayer or spouse who passed away during the year.RSMo 143.481, 143.501, 143.511, 143.551; RSMo 473.397, 430.340Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Missouri: File MO-1041 for estate/trust income. Required when Resident estate/trust: required to file if a Federal Form 1041 is required (federal threshold = gross income $600+ or a nonresident-alien beneficiary). Nonresident estate: gross income of $600 or more for the taxable year from Missouri sources. Nonresident trust: any taxable income from Missouri sources, or gross income of $600 or more regardless of taxable income (RSMo 143.481(3)-(5)). Form MO-1041 (2025), "Who Must File", states the nonresident test in combined form — "any taxable income from sources within Missouri or gross income of $600 or more from sources within Missouri" — which is the broader reading.. Due 15th day of the 4th month after the close of the taxable year. MO-1041 is eligible for electronic filing via IRS Modernized e-File (MeF) — the state return is bundled with the federal 1041 (dor.mo.gov fiduciary e-file page: "Estates or Trusts may file Form MO-1041 Missouri Fiduciary Income Tax Return electronically in conjunction with the Internal Revenue Service through Modernized Electronic Filing (MeF)").RSMo 143.481, 143.501, 143.511, 143.551; RSMo 473.397, 430.340Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required26 USC 6018; 26 USC 6075(a)
Missouri: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).26 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Missouri: Missouri has no pre-distribution tax clearance for estates: no statute conditions distribution or a personal representative's discharge on a Department of Revenue certificate. Debts and taxes due the state are class 8 claims against the estate (RSMo 473.397), and a personal representative who pays other debts first is personally answerable for the unpaid amount (RSMo 430.340).RSMo 143.481, 143.501, 143.511, 143.551; RSMo 473.397, 430.340Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Missouri: Executor compensation is set by statute. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.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
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
