Missouri probate follows the Missouri Revised Statutes Chapter 473, administered through the Circuit Court (Probate Division) in the county of the deceased's domicile. Missouri is not a Uniform Probate Code state — court hearings are required at both the opening and closing of the estate. Missouri's 6-month creditor period (starting from first publication) is the longest among all neighboring states and is the primary factor setting the minimum probate timeline. The key action: publish Notice to Creditors immediately after receiving Letters Testamentary.
Missouri Probate Deadline Table
| Deadline | Trigger | Statutory Reference |
|---|---|---|
| File Petition for Letters Testamentary / Administration (Circuit Court) | As soon as documents are gathered; no hard deadline but delays cascade | RSMo § 473.050 |
| Court hearing: admit will and appoint Personal Representative | Set by court after petition filed; typically 1–3 weeks out | RSMo § 473.050 |
| Receive Letters Testamentary | At or after the opening hearing | RSMo § 473.157 |
| Publish Notice to Creditors (3 consecutive weeks) |
Immediately after appointment — first publication starts 6-month creditor clock | RSMo § 473.033 |
| Notify all heirs and beneficiaries | Promptly after appointment — use certified mail | RSMo § 473.033 |
| File Inventory with Circuit Court | Within 30 days of appointment | RSMo § 473.233 |
| Creditor claim deadline | 6 months after first publication of Notice to Creditors, OR 1 year from death — whichever is earlier | RSMo § 473.360 |
| File deceased's final Missouri Form MO-1040 | April 15 of the year following death | Missouri DOR (dor.mo.gov) |
| File estate Missouri Form MO-1041 (if applicable) | April 15 for calendar year estates (if estate earns income) | Missouri DOR (dor.mo.gov) |
| File Petition for Final Settlement | After all debts paid, taxes filed, assets distributed; requires closing court hearing | RSMo § 473.617 |
| Order of Final Settlement entered | By judge at or after final settlement hearing; formally discharges Personal Representative | RSMo § 473.643 |
Phase-by-Phase Summary
Phase 1 — Opening (Month 1): Gather documents, locate the original will, order 8–10 certified death certificates from Missouri DHSS Vital Records (health.mo.gov/data/vitalrecords). File Petition for Letters Testamentary (or Letters of Administration) with the Circuit Court Probate Division in the county of domicile. Pay $50–$150 filing fee. Receive a scheduled hearing date — typically 1–3 weeks out. Check the will for an independent administration clause.
Phase 2 — Opening Hearing (Month 1): Appear before the circuit judge or probate commissioner. Present the original will. Receive Order Admitting Will to Probate and Order Appointing Personal Representative. File the Personal Representative's oath. Obtain certified copies of Letters Testamentary — order 10–12. If independent administration is authorized or consented to, request the Order at this hearing.
Phase 3 — Notice (Month 1 — do this the day you receive Letters): Publish Notice to Creditors in a county newspaper for three consecutive weeks. First publication starts the 6-month creditor clock (§ 473.360). Mail direct written notice to all known creditors and to all heirs and beneficiaries — certified mail with return receipt. Every day of delay on publication is a day added to the minimum closing date.
Phase 4 — Inventory (Within 30 Days of Appointment): Apply for estate EIN at irs.gov/ein; open estate checking account using EIN and Letters Testamentary. Prepare Inventory listing all probate assets with date-of-death fair market values. Obtain formal real estate appraisals — Missouri requires a licensed appraiser for real property. File the Inventory with the Circuit Court within 30 days of appointment (§ 473.233).
Phase 5 — Claims and Taxes (Months 2–8): Wait for the full 6-month creditor period to expire. Review and disallow invalid claims in writing. Pay valid claims in priority order (§ 473.397). File the deceased's final Missouri Form MO-1040 (April 15) and federal Form 1040 (April 15). File Missouri Form MO-1041 and federal Form 1041 if estate earns income. No Missouri estate tax — no state Form 706 required. No Missouri inheritance tax.
Phase 6 — Distribution (After Debts Paid): Distribute assets per will or Missouri intestacy law. Transfer real estate via Personal Representative's Deed at the county recorder of deeds. Obtain signed receipts and releases from each beneficiary. Prepare the Final Settlement accounting of all transactions.
Phase 7 — Final Settlement (Month 7+): File Petition for Final Settlement and Final Settlement accounting with the Circuit Court. Publish or serve notice of the final hearing on all heirs per Missouri court rules. Attend the closing hearing before the circuit judge. Receive the Order of Final Settlement — this formally closes the estate and discharges the Personal Representative. Close the estate bank account.
- No estate tax: Missouri repealed its state estate tax — no state Form 706 equivalent is required
- No inheritance tax: Missouri has no inheritance tax — all beneficiaries receive their share free of state inheritance tax regardless of relationship
- Missouri income taxes still apply: File the deceased's final Form MO-1040 and estate Form MO-1041 (if estate earns income) with the Missouri Department of Revenue (dor.mo.gov)
- Form MO-1040 — deceased's final Missouri individual income tax return; due April 15 of the following year; covers Jan. 1 through date of death
- Form MO-1041 — Missouri Fiduciary Income Tax Return; required if the estate earns income during administration; due April 15 for calendar year estates
Typical Missouri Probate Timeline
Minimum: ~7–9 months (6-month creditor period + time for two required court hearings, notice publication, inventory preparation, and final settlement drafting).
Typical: 9–18 months for a standard estate with real estate and normal court scheduling in the county.
Extended: 12–24+ months for estates involving:
- Real estate sales (listing, marketing, closing)
- Farm operations or agricultural land — common in rural Missouri counties
- Business interests requiring professional valuation
- Contested will or disputes among heirs requiring additional court proceedings
- Insolvent estate with multiple creditors competing for limited assets
- IRS examination of the estate's final Form 1040 or Form 1041
- Court scheduling delays in busy counties (St. Louis, Jackson, Greene)