Common Missouri Probate Mistakes to Avoid

There is no separate statewide probate court

In Missouri you open the estate in the Probate Division of the Circuit Court in the proper county, or the City of St. Louis, under RSMo 472.020.

Open the estate within one year of death

When no notice of letters has been published, a will must be presented and administration sought within one year after the date of death; a will not timely presented is forever barred from probate under RSMo 473.050.

Calendar the 30-day inventory deadline

The inventory and appraisement is due within thirty days after letters are granted, unless the court grants a longer time, under RSMo 473.233.

Watch the six-month creditor claim period

Creditors must file claims within six months after the first published notice of letters under RSMo 473.360, and all claims are barred one year after death under RSMo 473.444.

Do not distribute too early

Pay claims and statutory allowances in the order set by RSMo 473.397 and clear the settlement before handing assets to beneficiaries, or you may be personally liable.

Missouri has no estate, inheritance, or probate tax

There is no value-based probate tax; the costs of opening an estate are court costs, publication, and recording fees, plus a graduated court cost keyed to the inventory value.