How Probate Works After a Death in Missouri

Missouri pioneered a real estate planning tool now used across the country, alongside a well-defined small estate process worth understanding clearly.

Where is probate handled in Missouri?

Probate is handled through the Probate Division of the Circuit Court in the county where the deceased lived.

What is the small estate affidavit threshold?

Missouri offers a small estate affidavit (Mo. Rev. Stat. § 473.097) for estates with $40,000 or less in total value, after subtracting liens, debts, and encumbrances. At least 30 days must pass after death before it can be filed. See our companion piece explaining this process in more depth.

Does the small estate affidavit require an attorney?

Not always - but Missouri law requires an attorney’s assistance if the estate exceeds $15,000, or if it includes any interest in real estate, even a small one. Below that threshold, and without real estate involved, families can generally handle the filing themselves.

What is a beneficiary deed?

Missouri was the first U.S. state to create the beneficiary deed, allowing real estate to transfer directly to a named beneficiary outside of probate, entirely regardless of the property’s value. This tool has since been adopted by many other states, and remains a popular planning option for Missouri homeowners specifically wanting to avoid probate for a home.

Does Missouri have a state estate or inheritance tax?

No - Missouri has no state estate or inheritance tax. Only the federal estate tax can apply, and only to estates exceeding the federal exemption threshold - relevant to a very small share of estates.

What should I do next?

Check the estate’s value after subtracting debts, not before, when comparing it to the $40,000 threshold. If the estate exceeds $15,000 or includes any real estate, budget for an attorney’s involvement, since Missouri law requires it in those situations rather than leaving it optional.

Add this to your Final Day Plan: whether you’d want to set up a beneficiary deed for any real estate you own - it’s a genuinely simple way to keep that property out of probate, and Missouri pioneered the tool specifically for this purpose.

Missouri law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Missouri-licensed attorney for guidance specific to your situation.