1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingMissouri Bureau of Vital Records
Certified Missouri death certificates are issued by the state Bureau of Vital Records (930 Wildwood, P.O. Box 570, Jefferson City, MO 65102-0570; 573-751-6387), orderable online through VitalChek, by mail, or in person. Many Local Public Health Agencies also issue certified copies and are usually the fastest option for a recent death. The county Circuit Court and Recorder do not issue death certificates. A certified death certificate is needed to open probate and to transfer many assets; order several copies.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
A person having custody of a will must deliver it after the testator's death, and the original will is presented to the Probate Division of the Circuit Court to be admitted to probate. Missouri does not set a fixed numeric day count for the custodian's delivery duty. The operative outer limit is that a will must be presented for probate within six months after the first publication of the notice of granting of letters, or, if no letters have been granted and no notice published, within one year after the date of death; a will not timely presented is forever barred from probate, and letters of administration must likewise be sought within one year after death. Verify the custodian's obligations and current timing with the court. (RSMo 473.050)
Creditor claim window
Creditors generally have 6 months from first published notice of letters to bring claims against the estate. (RSMo 473.360; RSMo 473.444)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Missouri small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
A distributee may collect estate property by affidavit when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000, at least 30 days have elapsed since death, and no application for letters or for refusal of letters is pending or has been granted. If the value of the property listed in the affidavit is more than $15,000, the clerk publishes a notice to creditors (RSMo 473.097.5). The affiant must also file a bond of not less than the value of the personal property, unless the court finds a bond unnecessary (RSMo 473.097.1(3)). Verify eligibility for the specific assets and institutions involved with the county Probate Division.
- Qualifies:
- $40,000
The personal representative (executor with a will, administrator without a will) is appointed by and receives letters from the Probate Division of the Circuit Court, files an inventory and appraisement within thirty days of the grant of letters, publishes notice of letters to creditors, pays valid claims, and files a final settlement and distribution. A Missouri estate may proceed under supervised administration (court oversight of major steps) or, when the will authorizes it or the distributees consent, under independent administration. Verify bond, surety, original-will, and notice requirements with the court.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Certified Death Certificate
- Original Will
- Application for Letters Testamentary or Letters of Administration
- Inventory and Appraisement
- Notice of Letters to Creditors (Publication)
- Final Settlement and Distribution
Under the Missouri Independent Administration of Estates Law, an estate may be administered without ongoing adjudication, order, or direction of the court when the will authorizes or directs independent administration by specific reference or equivalent language, or when the distributees request or consent. The personal representative still opens the estate, gives notice to creditors, files an inventory, and closes the estate. Verify eligibility and any required distributee consent with the court.
Documents you'll need:
- Certified Death Certificate
- Original Will
- Application for Letters Testamentary or Letters of Administration
- Inventory and Appraisement
- Notice of Letters to Creditors (Publication)
- Final Settlement and Distribution
Missouri's small estate procedure allows a distributee to collect estate property by affidavit when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000, at least 30 days have elapsed since death, and no application for letters or for refusal of letters is pending or has been granted. If the value of the property listed in the affidavit is more than $15,000, the clerk publishes a notice to creditors (RSMo 473.097.5). The affiant must also file a bond of not less than the value of the personal property, unless the court finds a bond unnecessary (RSMo 473.097.1(3)).
- Qualifies:
- $40,000
Documents you'll need:
- Certified Death Certificate
- Small Estate Affidavit
The court may refuse to grant letters (a simplified path that avoids full administration) to a surviving spouse or unmarried minor children when the entire estate does not exceed the exempt property plus the statutory allowances (no fixed dollar cap). A creditor may instead apply for refusal of letters when the personal estate does not exceed $15,000 and there is no surviving spouse or unmarried minor children, on giving bond to pay the decedent's debts in the order of legal preference. Verify eligibility with the court.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Adair County Circuit Court - Probate Division (2nd Judicial Circuit) can help you understand forms and filing requirements at no cost.
Visit Self-Help Center