Missouri Probate Court
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Table of Contents
Probate is a court-supervised process to transfer a deceased person’s estate and assets, after ensuring their debts are paid, to their heirs or beneficiaries. In Missouri, the Circuit Court has jurisdiction over probate cases.
How the Probate Process Works in Missouri
The probate process in Missouri generally follows these steps:
- Filing a petition – An interested party files a petition with the probate division of the Circuit Court in the county of residence.
- Validation of the will – The court determines the validity of a will.
- Appointment of executor or personal representative – The court appoints an executor.
- Notification of heirs and creditors – Notice must be served to heirs, creditors, and beneficiaries.
- Inventory and appraisal of assets – A thorough evaluation and assessment of the decedent's assets.
- Payment of debts and taxes – All money owed to creditors and taxes must be paid.
- Final distribution – The remaining assets are divided among beneficiaries.
This probate process may take a about six months, depending on the size of the estate and the complexity of the disputes.
What Are the Costs of Probate in Missouri?
The cost of probate in Missouri may vary by county, depending on complexity and estate size, though it typically includes the following:
- Court Filing Fees: Between $200 and $350, depending on the county.
- Attorney Fees: Missouri law allows compensation for an attorney, which is based on a statutory fee schedule tied to the estate value.
- Personal Representative Fees: Executors are also entitled to a compensation fee based on the size of the estate.
- Other Expenses: Publication costs, appraisals, bond premiums, and copying costs.
Types of Probate Cases in Missouri
Missouri recognizes several types of probate cases, including the following:
- Testate Probate – When a valid will exists.
- Intestate Probate – If no will exists, assets are distributed per Missouri intestacy laws.
- Independent Administration – Often used to reduce court supervision if all heirs agree.
- Supervised (dependent) Administration – The court closely oversees estate management.
- Small Estate Procedures – Used if the estate value is under $40,000, allowing a simplified affidavit process.
Missouri Probate Court Forms and Filing Instructions
To access Missouri Probate Court forms and filing instructions, individuals may begin by searching online for the specific county’s probate court website. The Missouri Courts also provides a Probate Forms Portal where individuals may obtain forms for use in probate legal actions. In situations where the applicants cannot find the probate forms and filing instructions online, they may visit the Circuit Court clerk’s office for help.
Individuals may use the Missouri Electronic Filing System to file probate documents electronically with the court.
How Missouri Probate Courts Work at the County Level
Individuals must understand that the Circuit Courts in Missouri oversee all cases related to wills, guardianships, and other probate-related issues, which differ in each county.
The following are the top 10 Missouri counties by population with their probate courts:
- St. Louis County – Clayton: Largest probate caseload; offers online docket access.
- Jackson County – Kansas City/Independence: Probate handled in two courthouse locations.
- St. Charles County – St. Charles: Active probate docket with strong clerk support.
- Greene County – Springfield: Known for efficient estate filings.
- Clay County – Liberty: Provides probate guidance for executors and families.
- Jefferson County – Hillsboro: Handles probate alongside guardianships and conservatorships.
- Boone County – Columbia: Maintains a modern probate filing system.
- Jasper County – Carthage: Probate includes both contested and uncontested estates.
- Franklin County – Union: Clerk’s office provides clear probate filing instructions.
- Platte County – Platte City: Handles mid-sized caseloads with emphasis on independent administration.
How to Search Probate Records in Missouri
The Missouri Sunshine Law guarantees that records of public governmental bodies, including courts, are open to the public. Additionally, the Missouri Court Operating Rule 2 allows the public to access certain probate records that are not sealed by a court order. Individuals may search for probate records filed in Missouri through the following ways:
- CaseNet Portal – A statewide online case search system where individuals may search probate records by the decedent’s name, case number, or county.
- County Circuit Court Clerk’s Office – Individuals may obtain copies of probate court records filed in the Circuit Court by visiting the appropriate clerk’s office.
- Genealogy and Research Services – The public may request older probate documents by contacting the Missouri State Archives.