Taney County Circuit Court probate division Guide

Supervised or independent administration

Option

The personal representative (executor with a will, administrator without a will) applies for and receives letters from the Probate Division of the Circuit Court, files an inventory and appraisement within thirty days of letters, publishes notice to creditors, pays valid claims, and files a final settlement and distribution. Estates may proceed under supervised administration (court oversight of major steps) or, when authorized by the will or agreed by the distributees, under independent administration (RSMo 473.780 to 473.843). Verify bond, notice, inventory, and settlement requirements with the court.

✓ No attorney required

6 documents needed

Independent Administration

Option

Under the Missouri Independent Administration of Estates Law (RSMo 473.780 to 473.843), an estate may be administered without 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 so request or consent. The personal representative still opens the estate, gives notice to creditors, files an inventory, and closes the estate, but without ongoing court supervision of routine acts.

6 documents needed

Collection By Affidavit

Option

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 estate exceeds the exempt-property and allowance amounts, the affiant must publish notice to creditors and may need to post bond.

$40,000

2 documents needed

Refusal of letters

Option

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 statutory allowances, or, on a creditor’s application, when the personal estate does not exceed $15,000 and there is no surviving spouse or unmarried minor children (the creditor giving bond to pay debts in the order of legal preference). Verify eligibility with the court.

$15,000