Probate in Missouri
Missouri probate is handled by the Circuit Court (Probate Division) in the county where the deceased resided. Missouri offers two administration tracks: supervised administration (court oversight at each step) and independent administration (executor acts without prior court approval). Independent administration is available when the will authorizes it or all interested parties consent, and is the faster path for most estates.
Missouri probate typically takes 6–9 months for uncomplicated estates under independent administration.
Simplified estate procedures
Missouri's "refusal of letters" procedure allows estates under $40,000 in personal property to be collected without formal administration. An heir or surviving spouse presents a petition to the probate court and assets are distributed without appointing an executor or going through full probate.
A "small estate" affidavit can be used by surviving spouses to collect personal property (excluding real estate) valued up to $40,000 without any court proceeding, available 30 days after death.
Death certificates
Missouri death certificates are issued by the Missouri Department of Health and Senior Services (DHSS) Bureau of Vital Records and by county health departments. The cost is $14 per certified copy. Order online through DHSS or through a county health department.
Order at least 10–12 certified copies when the funeral home files the initial certificate. Missouri uses a standard set of agencies that require certified originals — having extras on hand avoids delays during administration.
Estate and inheritance tax
- State estate tax: Missouri has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 6 months from the date of first publication of notice to creditors.
- Independent administration: Missouri's independent administration track reduces court involvement and speeds the process considerably when all parties agree.
- Transfer on death deed: Missouri allows beneficiary deeds (transfer on death deeds) for real property, which pass real estate to named beneficiaries at death without probate.
- Elective share: Missouri's elective share entitles a surviving spouse to claim a portion of the estate regardless of the will's terms.
Key contacts
- Missouri DHSS vital records: health.mo.gov/data/vitalrecords
- Missouri Courts probate information: courts.mo.gov
- The Missouri Bar lawyer referral: mobar.org