When a parent, spouse, or other loved one dies, one of the first questions families ask is, “Do we have to go through probate?” Whether you need probate in Missouri depends on what your loved one owned and how it was titled. Some families need a full probate estate. Many others can use a simpler process or skip probate entirely.
Here is a plain-language guide for families in Lake St. Louis, O’Fallon, Wentzville, St.Peters, St. Charles, and nearby communities.
What Is Probate in Missouri?
Probate is the court-supervised process of paying a person’s final debts and transferring their property to the right people. Under RSMo 473.010, a Missouri estate is generally handled by the probate division of the circuit court in the county where the person lived.
For St. Charles County residents, that is the St. Charles County Circuit Court Probate Division, on the fifth floor of the courthouse at 300 North Second Street in St. Charles. Families in St. Louis County, the City of St. Louis, and Warren, Lincoln, Franklin, Jefferson, or Montgomery County work with the probate division in their own county.
When Is Probate Required in Missouri?
Probate is generally needed when someone dies owning assets in their name alone, with no co-owner or named beneficiary. Common examples include:
- A house titled only in the deceased person’s name, with no beneficiary deed
- A bank or investment account with no joint owner and no payable-on-death (POD) or transfer-on-death (TOD) beneficiary
- A vehicle or other property owned individually
Does a Will Avoid Probate in Missouri?
No. This is a common misunderstanding. A will tells the court who should receive your property, but RSMo 473.050 says a will must be presented to and admitted by the probate court to be effective. In many cases, that must happen within one year after the date of death.
When You May Not Need Probate
Many assets pass outside probate, including:
- Jointly owned property with survivorship rights
- Accounts and policies with a living named beneficiary, such as POD and TOD accounts, life insurance, and retirement accounts
- Real estate with a beneficiary deed recorded with the county recorder of deeds before the owner’s death (RSMo 461.025)
- Assets in a funded living trust, which the successor trustee manages without the probate court
If everything passed in one of these ways, there may be nothing left to probate.
The Missouri Small Estate Affidavit
If some probate assets remain but the estate is modest, Missouri offers a shortcut. Under RSMo 473.097, a small estate affidavit may be used when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000.
Key Requirements
- At least 30 days must have passed since the death.
- The affidavit is filed with the probate division, along with a court fee.
- A bond may be required, though the court can waive it in some cases.
- If the property listed is worth more than $15,000, notice to creditors must be published in a local newspaper.
It is still a court filing, but it is usually faster and less expensive than a full probate.
What Full Probate Involves
For larger estates, over $40,000.00, the court appoints a personal representative to collect assets, pay valid debts, and distribute what remains. Under RSMo 473.360, most creditor claims are barred if not filed within six months after the first published notice of letters, and RSMo 473.444 bars most claims not filed within one year after death. Because of this creditor period, a full probate usually stays open at least six months. However, in practice, most families can expect the probate case to stay open between eight to twelve months, or longer if it is complex.
Frequently Asked Questions
Is probate required in Missouri if there is a will?
Usually, yes, if the person owned assets in their sole name without a beneficiary. A will guides the court during probate; it does not avoid it.
How much money do you need to have to need probate in Missouri?
There is no minimum. Even one sole-name asset may require court involvement. If the estate’s net value is $40,000 or less, a small estate affidavit may be available.
Does a beneficiary deed avoid probate in Missouri?
Generally, yes, for that property, if the beneficiary deed was properly signed and recorded with the county recorder of deeds before the owner’s death.
Talk With a Local Probate Attorney
Small details, like how a deed or account was titled, can change the answer. If you have lost a loved one in St. Charles County or the greater St. Louis area, Welch Law LLC can help you understand whether probate is needed and guide you through each step. Contact Welch Law LLC today to schedule a consultation.
This article is general information, not legal advice.
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