Missouri Petition for Probate

Introduction

Key Things to Know

1. 1

   The probate division of the circuit court in the county of the decedent's domicile handles the estate (RSMo 473.010). The filing is an application for letters (473.017), which must say whether administration is supervised or independent. The court's own application form controls over any draft petition.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. A named executor must still apply and be appointed, and should not distribute, pay heirs or sell property before then or before the creditor period ends.

3. 3

   A will must be presented within 1 year after death if no notice of letters has been given. If notice of letters was published, the window is 6 months after first publication, or 30 days after a will-contest action, whichever is later. A will not presented in time is forever barred, and letters of administration must be applied for within 1 year of death (RSMo 473.050).

4. 4

   The person holding a will must deliver it to the probate division after the testator's death (RSMo 473.043). The statute states no number of days, so ask the clerk's office how your court handles delivery.

5. 5

   Letters testamentary go to the executor named in the will. Otherwise letters of administration go to the surviving spouse, then a distributee the court believes will best manage the estate, then another suitable person. A nonresident may be appointed but must first file a designation of a Missouri resident as agent for service of process (RSMo 473.110, 473.117).

6. 6

   After letters issue, the clerk publishes notice of the appointment and notice to creditors once a week for four consecutive weeks and mails a copy to each heir and devisee shown on the application or court records (RSMo 473.033). Claims are due 6 months from first publication, or 2 months after notice to a creditor is mailed or served, whichever is later, and all claims are barred 1 year after death regardless of notice (473.444). A bond is required by default. A will provision waiving bond is subject to the court's discretion to require one, and the court may excuse bond for good cause (473.157, 473.160). Missouri also allows independent administration (473.780).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Missouri has a small-estate affidavit route. See our small estate affidavit page for that route.

Missouri Requirements for Petition for Probate

• Probate Division of the Circuit Court

  The probate division of the circuit court in the county of the decedent's domicile handles the estate. Missouri has no Register of Wills, and the proceeding is commenced by filing an application for letters (RSMo 473.010, 473.017).

• Application for Letters

  The application must state whether the administration requested is supervised or independent (RSMo 473.017). Ask the probate division which form it requires; that form controls over any draft.

• Deadline to Present the Will

  A will must be presented within 1 year after death if no notice of letters has been given, or within 6 months after first publication of notice of letters (or 30 days after a will-contest action, whichever is later). A will not presented in time is forever barred, and letters of administration must be applied for within 1 year of death (RSMo 473.050).

• Custodian Must Deliver the Will

  The person having custody of a will must deliver it to the probate division of the circuit court that has jurisdiction of the estate (RSMo 473.043). The statute states no number of days.

• Priority and Nonresident Representatives

  Letters testamentary go to the named executor. Otherwise letters of administration go to the surviving spouse, then a distributee, then another suitable person. A nonresident must first file a designation of a Missouri resident as agent for service of process (RSMo 473.110, 473.117).

• Clerk Publishes Notice and Mails to Heirs

  After letters issue, the clerk publishes notice of the appointment and notice to creditors once a week for four consecutive weeks and mails a copy to each heir and devisee shown on the application or court records (RSMo 473.033).

• Creditor Claims Period and One-Year Bar

  Claims are due 6 months from first publication, or 2 months after mailing or service of notice on the creditor, whichever is later. All claims are barred 1 year after death regardless of notice (RSMo 473.444).

• Bond Required by Default

  A bond approved by the judge or clerk is required at the estate's expense unless the will expresses a wish that none be required, subject to the court's discretion, or the court finds good cause (RSMo 473.157, 473.160).

• Independent Administration

  Independent administration is available where the will authorizes it, or all interested heirs or devisees consent and the will does not prohibit it (RSMo 473.780).