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 in Jefferson City and can be ordered online, by mail, or in person, and from many local county health departments that issue certified copies. Lewis County families order through the state office or a participating local health department; the Circuit Court Probate Division does not issue death certificates.
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. A will must, however, be presented for probate within six months after the first publication of the notice of granting of letters, or within one year after the date of death if no letters have been granted, or it is forever barred (RSMo 473.050). Verify the applicable deadline with the court. (Mo. Rev. Stat. § 473.050)
Creditor claim window
Creditors generally have 6 months from first published notice of letters to bring claims against the estate. (Mo. Rev. Stat. §§ 473.360, 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 with the Probate Division of the Circuit Court.
- Qualifies:
- $40,000
- Filing fee:
- $55.50
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, publishes notice to creditors, pays valid claims, and files a final settlement and distribution. Missouri estates may proceed under supervised administration (court oversight of major steps) or, when the will authorizes it or the distributees consent, under independent administration (Mo. Rev. Stat. 473.780 to 473.843). Verify bond, notice, and original-will 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 court supervision of routine acts when the will authorizes or directs independent administration by specific reference, 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.
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 avoiding full administration) to a surviving spouse or unmarried minor children when the entire estate does not exceed the exempt property plus the statutory allowances. 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.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Lewis County Probate Division of the Circuit Court can help you understand forms and filing requirements at no cost.
Visit Self-Help Center