Missouri probate follows a relatively structured process through the Circuit Court system. Missouri has no state estate tax or inheritance tax, which simplifies estate administration compared to many neighboring states. The statutory fee schedule for executors and attorneys is one of the more notable features of Missouri probate law.
How Probate Works in Missouri
Missouri probate is filed in the Circuit Court (Probate Division) of the county where the deceased was domiciled. Missouri offers both independent administration — where the executor acts without court approval at each step — and supervised administration, which requires court involvement throughout.
Independent administration is available when authorized by the will or when all interested parties consent. The executor publishes a notice to creditors in a local newspaper, giving creditors 6 months to file claims. After the creditor period closes and debts are paid, the executor files a final settlement with the court and distributes the estate.
Small Estate Shortcuts in Missouri
When the gross probate estate is $40,000 or less, Missouri allows a simplified refusal of letters procedure. Heirs can file a small estate affidavit with the Probate Court, and assets can be transferred without full administration. The process requires a court filing but is significantly faster and cheaper than formal probate.
State Estate Tax
Missouri has no state estate tax or inheritance tax. The state's estate tax was tied to the federal state death tax credit, which was eliminated in 2005, effectively ending Missouri's estate tax. Only the federal estate tax applies.
How Long Does Probate Take in Missouri?
Missouri probate typically takes 9 to 15 months. The 6-month creditor period is longer than many states, which extends the overall timeline. Jackson County (Kansas City) and St. Louis City/County courts can have scheduling delays; rural counties tend to move more quickly.
Executor Compensation
Missouri sets executor compensation by statute: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, and 2.5% on amounts over $400,000. These same rates apply to the estate attorney's fees. This statutory fee structure is transparent but can result in significant fees on larger estates.