Settling an Estate in Missouri
Reviewed by DocDraft Legal Team · Missouri · Last updated August 27, 2026
Missouri routes decedents' estates to the probate division of the circuit court in the county of the decedent's domicile, not to a separate probate court, so the file sits with the same circuit court that hears civil and criminal matters. The rule that governs everything else is a hard outer limit: under RSMo 473.070 no written will is admitted to probate and no administration is granted unless application is made within one year from the date of death, and RSMo 473.444 makes all claims against the estate unenforceable and forever barred one year after death whether or not administration was ever commenced. That one year cutoff is far shorter than most states allow and it does not wait for the family to be ready. Missouri's shortcuts are the small estate affidavit under RSMo 473.097, capped at $40,000 for the entire estate, and refusal of letters under RSMo 473.090, a route built for a surviving spouse or unmarried minor children that has no national equivalent. Estates above the affidavit ceiling proceed as either independent or supervised administration.
Find out where you stand in Missouri
Where are you in settling the estate?
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Is probate always required in Missouri?
No. Jointly held survivorship property, payable on death and transfer on death accounts, beneficiary deeds, life insurance and retirement plans with a living beneficiary, and trust assets pass outside probate. Missouri also offers a small estate affidavit under RSMo 473.097 and refusal of letters under RSMo 473.090, both of which avoid a full administration.
Which court handles probate in Missouri?
The probate division of the circuit court in the county where the decedent was domiciled at death. Missouri has no standalone probate court; probate is a division of the same circuit court that hears civil and criminal cases, and each county division keeps its own file and local forms.
What is the small estate limit in Missouri?
Forty thousand dollars. RSMo 473.097 allows distribution without letters where the entire estate, less liens, debt and encumbrances, does not exceed $40,000. Real property is not carved out; it counts toward the ceiling, so a house usually pushes an estate past the limit. At least 30 days must have passed since death.
How long does probate take in Missouri?
A full administration commonly runs about a year. Creditors have six months from first published notice of letters under RSMo 473.360, and no claim survives one year after death under RSMo 473.444. A small estate affidavit can conclude in weeks once the 30 day wait has passed.
One year to open the estate, and a spousal route called refusal of letters
Missouri's defining probate rule is a deadline rather than a dollar figure. RSMo 473.070 provides that no written will shall be admitted to probate and no administration granted unless application is made to the court within one year from the death of the decedent, and RSMo 473.050 requires a will to be presented within one year after death where notice of letters was never published. RSMo 473.444 closes the circle from the creditor side: all claims against the estate become unenforceable and forever barred one year following the date of death, whether or not administration is commenced within that period and whether or not the claimant had notice of the death. Many states give three years or more. Missouri gives twelve months, and a family that lets the anniversary pass may find the will unprobatable and a title problem that has to be solved some other way. Everything is filed in the probate division of the circuit court in the county of domicile, a division of the general trial court rather than a separate probate court. Below the full administration line Missouri offers two shortcuts. The small estate affidavit under RSMo 473.097 is available 30 days after death where the value of the entire estate, less liens, debt and encumbrances, does not exceed $40,000; real property is inside that measurement rather than carved out of it, and the affiant files a bond in an amount not less than the value of the personal property. Refusal of letters under RSMo 473.090 is the more distinctly Missouri route: where the estate is no greater than the exempt property and allowances due the surviving spouse or unmarried minor children, the court may simply refuse to grant letters, and a certified copy of the refusal order becomes the record evidence of title to real estate without any personal representative ever being appointed. A separate branch of the same section lets a creditor apply for refusal of letters where the personal estate does not exceed fifteen thousand dollars and there is no surviving spouse or unmarried minor children. Estates above these routes run as independent administration or supervised administration, with independent administration governed by RSMo 473.780 and the sections that follow it. In a full administration the creditor window under RSMo 473.360 is six months from the date of the first published notice of letters, or two months after notice was mailed or served, whichever is later, but neither period extends the one year bar in RSMo 473.444. Missouri is not a community property state; a surviving spouse may elect to take against the will under RSMo 474.160.
Relevant Laws
RSMo 473.070 (Time limit on admitting a will and granting administration)
Provides that no written will shall be admitted to probate and no administration granted unless application is made to the probate division of the circuit court within one year from the death of the decedent. This is the outer limit on opening a Missouri estate and it is materially shorter than the periods most states allow, which makes it the first date to calendar in any Missouri administration.
RSMo 473.097 (Small estate, distribution of assets without letters)
Allows distributees to collect and distribute the estate without letters where the value of the entire estate, less liens, debt and encumbrances, does not exceed forty thousand dollars, thirty days have elapsed since death, and no application for letters or for refusal of letters under RSMo 473.090 is pending or granted. Real property counts toward the ceiling. The affiant files a bond in an amount not less than the value of the personal property, conditioned on payment of the decedent's debts and funeral expenses.
RSMo 473.360 (Filing of claims, limitation)
Requires claims against the estate to be filed in the probate division within six months after the date of the first published notice of letters testamentary or of administration, or within two months after notice was mailed or served on the claimant, whichever is later. Claims not filed or paid within six months after the first published notice are forever barred against the estate, the personal representative and the heirs, devisees and legatees. Neither period extends the one year bar in RSMo 473.444.
RSMo 473.090 (Refusal of letters)
Permits the probate division to refuse to grant letters where the estate is no greater than the exempt property and the allowance to the surviving spouse or unmarried minor children, letting them take the property, including real estate, and make record evidence of title with a certified copy of the refusal order. A creditor may apply where the personal estate does not exceed fifteen thousand dollars and there is no surviving spouse or unmarried minor children.
Regional Variances
Missouri administration tracks
Estate within the exempt property and family allowance
Refusal of letters under RSMo 473.090, filed in the probate division of the circuit court. Available to a surviving spouse or unmarried minor children where the estate, real and personal, less liens and encumbrances, is no greater than the exempt property and allowance due them. No personal representative is appointed, no bond and no inventory cycle follow, and a certified copy of the refusal order serves as record evidence of title to real estate.
Personal estate not exceeding $15,000, no spouse or minor children
The creditor branch of RSMo 473.090. Where the personal estate does not exceed fifteen thousand dollars and there is no widow, widower or unmarried minor children, a creditor may apply for refusal of letters. A creditor who receives property must apply the proceeds to the debts of the estate in the statutory order of preference and distribute any balance to the persons entitled.
Entire estate $40,000 or less, 30 days after death
Small estate affidavit under RSMo 473.097, filed with the probate division. Measured on the value of the entire estate less liens, debt and encumbrances, so real property counts and is not carved out. A bond of not less than the value of the personal property is required, conditioned on paying the decedent's debts and funeral expenses. No application for letters or for refusal of letters may be pending or granted.
Above $40,000
Full administration in the probate division of the circuit court, as either independent administration under RSMo 473.780 and following, or supervised administration. Letters issue, notice of letters is published under RSMo 473.033, the six month claim window in RSMo 473.360 runs from that first publication, an inventory and appraisement is filed under RSMo 473.233, and the estate closes on a final settlement approved by the court.
Missouri deadlines and mechanics
One year to open the estate
RSMo 473.070 bars admission of a will to probate and the grant of administration unless application is made within one year from the date of death, and RSMo 473.050 requires presentment of a will within one year after death where notice of letters was never published. This is the single highest consequence date in Missouri probate and it cannot be extended by agreement among the family.
Creditor claims in a full administration
Six months after the date of the first published notice of letters under RSMo 473.360, or two months after notice was mailed or served on a particular creditor, whichever is later. This window applies to estates under letters, whether independent or supervised. There is no published notice of letters in a refusal of letters or small estate affidavit matter, so RSMo 473.444 does the work instead.
The absolute one year claim bar
RSMo 473.444 makes all claims against the estate of a deceased person unenforceable and forever barred one year following the date of death, whether or not administration is commenced within that period and whether or not the claimant was given notice of the death. The six month and two month periods in RSMo 473.360 do not extend it.
Independent versus supervised administration
RSMo 473.780 and the sections following it govern when an estate may be administered independently. Under independent administration the personal representative carries out most steps without prior court order; under supervised administration the court approves sales, payments and distributions along the way. The track affects how often the representative returns to the probate division, not the RSMo 473.360 claim window.
Court and venue
The probate division of the circuit court in the county where the decedent was domiciled at death. Missouri has no freestanding probate court, so filings go to the circuit clerk's probate division, and larger circuits such as the 16th in Jackson County and the 21st in St. Louis County publish their own probate procedures manuals and local forms.
Suggested Compliance Checklist
Calendar the one year deadline from the date of death
Immediately days after startingRSMo 473.070 bars admission of a will and the grant of administration unless application is made within one year from the death of the decedent, and RSMo 473.444 bars all claims one year after death. Fix that anniversary before doing anything else and work backward from it. Missouri gives materially less time than most states, and the date does not move.
Test the estate against refusal of letters and the $40,000 ceiling
Weeks 1-4 days after startingTotal the probate estate, excluding survivorship property, beneficiary deed real estate, payable on death accounts and trust assets. Check refusal of letters under RSMo 473.090 first if a surviving spouse or unmarried minor children survive, then measure the entire estate less liens, debt and encumbrances against the $40,000 ceiling in RSMo 473.097. Real property counts toward that ceiling.
Prepare the small estate affidavit once 30 days have passed
After day 30, within the one year limit days after startingRSMo 473.097 requires that thirty days have elapsed since death and that no application for letters or for refusal of letters under RSMo 473.090 is pending or has been granted. File the affidavit with the probate division of the circuit court together with a bond in an amount not less than the value of the personal property, conditioned on payment of the decedent's debts and funeral expenses.
File the inventory and appraisement of the estate
After letters issue days after startingIn a full administration the personal representative files an inventory and appraisement of the estate with the probate division under RSMo 473.233, classifying real and personal property. Take the filing due date from the appointment paperwork the county division issues with the letters. Complete and accurate values here prevent objections at final settlement.
Hold distribution until the claim window closes
Six months after first publication of notice of letters days after startingUnder RSMo 473.360 claims are filed within six months after the first published notice of letters, or two months after notice was mailed or served on a creditor, whichever is later. Do not distribute before that window closes. A personal representative who pays out early, or out of the statutory order of preference, can be personally liable to the creditors who should have been paid first.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calendar the one year deadline from the date of death | RSMo 473.070 bars admission of a will and the grant of administration unless application is made within one year from the death of the decedent, and RSMo 473.444 bars all claims one year after death. Fix that anniversary before doing anything else and work backward from it. Missouri gives materially less time than most states, and the date does not move. | - | Immediately |
| Test the estate against refusal of letters and the $40,000 ceiling | Total the probate estate, excluding survivorship property, beneficiary deed real estate, payable on death accounts and trust assets. Check refusal of letters under RSMo 473.090 first if a surviving spouse or unmarried minor children survive, then measure the entire estate less liens, debt and encumbrances against the $40,000 ceiling in RSMo 473.097. Real property counts toward that ceiling. | - | Weeks 1-4 |
| Prepare the small estate affidavit once 30 days have passed | RSMo 473.097 requires that thirty days have elapsed since death and that no application for letters or for refusal of letters under RSMo 473.090 is pending or has been granted. File the affidavit with the probate division of the circuit court together with a bond in an amount not less than the value of the personal property, conditioned on payment of the decedent's debts and funeral expenses. | small-estate-affidavit | After day 30, within the one year limit |
| File the inventory and appraisement of the estate | In a full administration the personal representative files an inventory and appraisement of the estate with the probate division under RSMo 473.233, classifying real and personal property. Take the filing due date from the appointment paperwork the county division issues with the letters. Complete and accurate values here prevent objections at final settlement. | asset-inventory | After letters issue |
| Hold distribution until the claim window closes | Under RSMo 473.360 claims are filed within six months after the first published notice of letters, or two months after notice was mailed or served on a creditor, whichever is later. Do not distribute before that window closes. A personal representative who pays out early, or out of the statutory order of preference, can be personally liable to the creditors who should have been paid first. | - | Six months after first publication of notice of letters |
Frequently Asked Questions
The window closes. RSMo 473.070 provides that no written will is admitted to probate and no administration granted unless application is made within one year from the death of the decedent, and RSMo 473.444 bars all claims against the estate one year after death whether or not administration was ever commenced. Assets that needed probate to move can be left stranded, and clearing title afterward is a separate and harder problem that usually needs a Missouri probate attorney.
It is a Missouri route with no close national equivalent. Under RSMo 473.090 the probate division may refuse to grant letters where the estate is not greater than the exempt property and the allowance due the surviving spouse or unmarried minor children. Where real estate is involved, those persons take it and may make record evidence of title by filing a certified copy of the refusal order. A creditor may separately apply for refusal where the personal estate does not exceed fifteen thousand dollars and no spouse or unmarried minor children survive.
Yes. Distributing before the claim period under RSMo 473.360 has run, or paying claims out of the statutory order of preference, exposes the personal representative to personal liability to the creditors who should have been paid first. The bond and the court settlement process exist to police exactly that. Under RSMo 473.097 the affiant in a small estate posts a bond conditioned on paying the decedent's debts, so the shortcut carries the same exposure in a different form.
Missouri sets compensation by statute rather than leaving it to negotiation. RSMo 473.153 provides a schedule keyed to the value of the personal property administered and the proceeds of any real property sold, with additional compensation available for extraordinary services on court approval. Attorney fees for the estate are computed on the same statutory basis. Confirm the current schedule and any local practice with the probate division before assuming a figure.
Missouri letters do not reach it. Real property is administered where it sits, so land in another state generally requires an ancillary proceeding in that state's probate court, opened on the strength of the Missouri appointment and exemplified copies of the Missouri file. That second proceeding runs on the other state's deadlines and creditor rules, not Missouri's, and it should be started early because it can outlast the Missouri administration.
Other Missouri guides
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