Probate in Missouri: small estates, no will, and skipping court
The short answer
In Missouri, family can use a small estate affidavit if the whole estate, less liens and debts, is $40,000 or less, 30 days after death. Larger estates go through probate, often independent administration. A beneficiary deed can pass a house without court. Missouri has no estate or inheritance tax.
When someone dies in Missouri, the family's first question is usually practical. Do we have to go to court, and how long will it take?
Sometimes the answer is no. Missouri has a small estate affidavit, a way to run probate with less court involvement, and a deed that passes a house at death. This page covers each one, plus who inherits if there is no will. It is part of our state guides to estate planning. If the word is new, start with what probate is.
Can my family use a small estate affidavit in Missouri?
Yes, if the estate is small enough. Missouri's affidavit lets the people who inherit take both personal property and real estate without letters from the court (RSMo 473.097).
The conditions:
- The entire estate, less liens, debts and encumbrances, is $40,000 or less.
- At least 30 days have passed since the death.
- Nobody has applied for letters or a refusal of letters, and none has been granted.
- A bond at least equal to the personal property's value is filed, unless the court waives it.
- The filing fee is paid.
The affidavit is filed with the probate division, and the clerk attaches a certificate. If the listed property is over $15,000, the clerk publishes a notice to creditors once a week for two weeks. Property held in joint tenancy, or by a married couple as tenants by the entirety, doesn't count toward the limit.
There is also a "refusal of letters," where the court can decline to open an estate at all. It applies when the estate is no larger than what the surviving spouse or unmarried minor children are entitled to keep, among other cases (RSMo 473.090).
Who inherits if there's no will?
Missouri's intestacy law decides (RSMo 474.010). Missouri is not a community property state.
If you are married:
- With no children or grandchildren, your spouse takes everything. Parents and siblings get nothing.
- If all your descendants are also your spouse's, your spouse takes the first $20,000 plus half of the rest.
- If any descendant is not your spouse's, your spouse takes half.
Everything not passing to a spouse goes in this order:
- Children, or their descendants, equally.
- Your father, mother, brothers and sisters together, in equal parts, or their descendants.
- Grandparents, uncles and aunts, or their descendants.
- Great-grandparents and their descendants, and so on, but no further than the ninth degree.
- The family of a spouse who died while still married to you.
- Otherwise, the state.
Friends never appear on this list. If you want a friend, a church or a neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.
Who serves as personal representative?
Missouri calls the executor a "personal representative." With a will, the person named in it serves. Without a will, the court appoints, if qualified (RSMo 473.110):
- The surviving spouse.
- One or more of the people entitled to inherit, whoever the court believes will manage best.
- If none is suitable or applies, some other person.
Anyone in the first two groups who is 18 or older can nominate someone else instead, or step aside. The person serving is a fiduciary: legally required to act in the estate's interest and follow what the will says.
Can someone who lives out of state serve?
Yes. A nonresident person or corporate fiduciary who is otherwise qualified may be appointed (RSMo 473.110). There is no relatives-only rule.
Before letters issue, a nonresident must name a Missouri resident or a Missouri trust company to receive legal papers (RSMo 473.117). People under 18 or of unsound mind, and most out-of-state corporations and out-of-state national banks, can't serve.
Can probate run without constant court orders?
Often, yes. Missouri allows "independent administration," where the personal representative handles the estate without asking the court for an order at every step (RSMo 473.780). It is available when:
- The will authorizes it, or
- All heirs or beneficiaries agree and the will doesn't forbid it.
Our post on the probate process walks through the steps, and how long probate takes covers timing.
How long do creditors have?
Creditors must file within six months after the first published notice of letters. A creditor who was mailed or served notice has two months from that notice, if that is later (RSMo 473.360).
There is also an outer limit. Debts are barred one year after death whether or not anyone opened an estate (RSMo 473.444).
How much is the personal representative paid?
Missouri sets a minimum fee schedule, applied to personal property administered plus proceeds of real estate sold under court order (RSMo 473.153):
| Portion of the estate | Minimum fee |
|---|---|
| First $5,000 | 5% |
| Next $20,000 | 4% |
| Next $75,000 | 3% |
| Next $300,000 | 2.75% |
| Next $600,000 | 2.5% |
| Over $1,000,000 | 2% |
The court must allow more if reasonable pay is higher. A fee set in the will controls unless the personal representative turns it down in writing before taking the job. The estate's lawyer gets the same minimum schedule. Our post on what an executor gets paid compares approaches.
Can my house skip probate?
Yes, with a beneficiary deed (RSMo 461.025).
What to know:
- It must say plainly that it doesn't take effect until your death.
- It must be signed and recorded with the county recorder of deeds before you die.
- The beneficiary doesn't need to be handed the deed or pay anything.
- It can name a trust, including your revocable trust, as the beneficiary. Our post on what a trustee does explains that role.
A living trust is the other common way to keep a home out of court. Our post on how to avoid probate compares the options.
Will my heirs owe Missouri estate or inheritance tax?
No. No Missouri estate tax return is required for deaths on or after January 1, 2005, and Missouri has no inheritance tax (Missouri Department of Revenue).
Which path fits?
| Situation | Likely path |
|---|---|
| Estate of $40,000 or less after liens and debts, 30 days have passed | Small estate affidavit |
| Estate no larger than what a spouse or minor children keep | Ask the court to refuse letters |
| House with a recorded beneficiary deed | Passes to the beneficiary without court |
| Larger estate, will allows it or heirs agree | Independent administration |
| Larger estate, will doesn't allow it and heirs don't all agree | Probate with court orders along the way |
Here is a typical case, a composite. Shirley, 77, lived in St. Louis and was widowed with no children. Her house had a recorded beneficiary deed naming her niece. Her checking and savings came to about $30,000. After 30 days, her brother and sister filed the affidavit for the accounts, and the house passed to her niece without a court case.
Some people would rather not leave this to a relative in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.
Before death, the papers that matter most are your powers of attorney. See our Missouri financial power of attorney guide and Missouri medical power of attorney guide.
Common questions
What is the small estate limit in Missouri?
$40,000 for the entire estate, less liens, debts and encumbrances. The family must wait 30 days after death and file a bond unless the court waives it.
Does a surviving spouse inherit everything in Missouri?
Only if there is no will and no descendants. If all the children are also the spouse's, the spouse takes $20,000 plus half of the rest; otherwise half.
How long do creditors have in Missouri probate?
Six months after the first published notice of letters, or two months after a mailed notice if later. All debts are barred one year after death regardless.
Can someone who lives in another state be personal representative in Missouri?
Yes. A nonresident must first name a Missouri resident or Missouri trust company to receive legal papers.
Does Missouri have an inheritance tax?
No. Missouri has no inheritance tax and no estate tax for deaths since 2005.
Sources
- RSMo 473.097: Small estates; affidavit (Missouri Revisor of Statutes)
- RSMo 473.090: Refusal of letters (Missouri Revisor of Statutes)
- RSMo 474.010: Intestate succession (Missouri Revisor of Statutes)
- RSMo 473.110: Letters; priority (Missouri Revisor of Statutes)
- RSMo 473.117: Disqualification; nonresidents (Missouri Revisor of Statutes)
- RSMo 473.780: Independent administration (Missouri Revisor of Statutes)
- RSMo 473.360: Creditor deadlines (Missouri Revisor of Statutes)
- RSMo 473.444: One-year bar (Missouri Revisor of Statutes)
- RSMo 473.153: Compensation (Missouri Revisor of Statutes)
- RSMo 461.025: Beneficiary deeds (Missouri Revisor of Statutes)
- Missouri Department of Revenue: Estate Tax
This page is general information, not legal or financial advice. Laws vary by state.