If you've been named as the executor of someone's estate in Missouri, you're probably wondering what you've gotten yourself into. The probate process involves court filings, strict deadlines, creditor notifications, and legal paperwork that most people have never dealt with before. Getting it right matters because mistakes can delay the estate for months, cost the beneficiaries money, and even expose you to personal liability. This guide walks you through each step of the probate process so you know exactly what to do and when to do it.

What exactly is probate in Missouri?

Probate is the legal process of settling a deceased person's estate under court supervision. In Missouri, this means filing documents with the probate division of the circuit court in the county where the person lived. The court oversees the distribution of assets, payment of debts, and transfer of property to heirs or beneficiaries.

Missouri offers different types of probate depending on the size and complexity of the estate. A full administration is required for larger or more complicated estates. A small estate affidavit may be available if the estate's value (excluding exempt property) is $40,000 or less. Understanding which path applies to your situation is the first decision you'll need to make.

How do I get started after someone dies?

Your first responsibility as executor is to locate the original will. Check the deceased person's home safe, safety deposit box, or ask their attorney. In Missouri, you're required to file the will with the probate court within 30 days of the death, even if you haven't yet filed a petition to open probate.

Next, you'll need to gather key documents. Having these ready before you go to court will save you time and prevent return trips. You can review the full list of documents required for Missouri probate to make sure you're prepared.

What's the first court filing I need to make?

To formally open the estate, you file a Petition for Probate of Will and Grant of Letters Testamentary with the probate court. If there is no will, you file a Petition for Letters of Administration instead. These petitions ask the court to officially appoint you as the personal representative of the estate.

Along with the petition, you'll submit:

• The original will (if one exists)
• A certified copy of the death certificate
• A sworn statement that the will is valid
• A list of the deceased person's heirs

The court will review your petition and, if everything is in order, issue Letters Testamentary (or Letters of Administration). These letters are your legal authority to act on behalf of the estate. Banks, financial institutions, and government agencies will ask for copies before they'll work with you.

If you need help preparing the paperwork, our guide on how to file probate paperwork in Missouri covers the forms and filing process in more detail.

Do I have to notify people that probate has been opened?

Yes. Missouri law requires you to send written notice to all known heirs and beneficiaries within 30 days of receiving your Letters. You must also publish a notice in a local newspaper once a week for four consecutive weeks. This published notice alerts unknown creditors that they have a limited time to file claims against the estate.

Creditor claims are a big deal. Creditors have at least six months from the date of the published notice to submit claims. As executor, you must review each claim and either accept or reject it. Paying invalid claims can reduce what beneficiaries receive, so take this step seriously.

How do I inventory the estate's assets?

Within 30 days of your appointment, Missouri requires you to file an inventory of the estate with the court. This inventory must list all assets owned by the deceased at the time of death, including:

• Real estate and property
• Bank accounts and cash
• Investments, stocks, and bonds
• Vehicles, jewelry, and personal belongings
• Business interests
• Money owed to the deceased

Each asset needs a fair market value as of the date of death. You may need professional appraisals for real estate, valuable collections, or business assets. The court and beneficiaries have the right to question your valuations, so be accurate and keep documentation.

What bills and debts do I pay?

As executor, you're responsible for paying the estate's legitimate debts before distributing anything to beneficiaries. The payment priority in Missouri follows a specific order set by law:

1. Costs of administration (court fees, attorney fees, your executor fees)
2. Funeral and burial expenses
3. Debts and taxes given priority under federal or state law
4. Reasonable medical expenses from the last illness
5. All other valid claims

You should open a separate estate bank account to track income and expenses. Never mix estate funds with your personal money. Keep receipts for every payment you make.

What about taxes?

The estate may owe several types of taxes. You'll need to determine whether a final personal income tax return is required for the deceased. If the estate earns income during probate (such as rental income or interest), you may also need to file an estate income tax return.

Federal estate tax applies only if the estate exceeds the federal exemption threshold, which is currently over $13 million per individual. Missouri does not have a state estate tax, though it does collect an estate income tax if applicable. Consult a tax professional if the estate has significant assets or complex tax situations.

When can I distribute assets to beneficiaries?

You cannot distribute assets until the creditor claim period has expired and all valid debts and taxes are paid. Distributing assets too early is one of the most common mistakes executors make. If you distribute everything and then a valid creditor shows up, you could be personally liable for that debt.

Once debts are settled, you distribute the remaining assets according to the will. If there is no will, Missouri's intestate succession laws determine who inherits. This means the law decides based on family relationships typically the surviving spouse and children.

You can learn more about these duties in our overview of Missouri estate executor duties and responsibilities.

How do I close the estate with the court?

After all assets are distributed and debts paid, you file a Settlement of Estate with the probate court. This final accounting shows every transaction made on behalf of the estate every dollar received, every dollar paid out, and what was distributed to whom.

The court reviews the accounting and, if everything checks out, issues an order discharging you from your duties as executor. At that point, the estate is officially closed.

The Missouri Courts website provides access to many of the forms you'll need throughout the process.

What are the most common mistakes executors make?

Being an executor is a serious legal responsibility. Here are pitfalls that trip people up:

• Failing to file the will on time. Missouri requires filing within 30 days of death. Ignoring this can result in court penalties.
• Not keeping detailed records. Every expense, every payment, every decision should be documented. The court and beneficiaries can demand a full accounting.
• Distributing assets before debts are paid. This exposes you to personal liability.
• Mixing estate funds with personal funds. Always use a separate estate bank account.
• Missing creditor notification deadlines. Failing to properly publish notice or notify known creditors can extend the probate timeline and create legal problems.
• Trying to do everything alone without professional help. Probate involves legal deadlines, tax filings, and court procedures. A probate attorney can help you avoid costly errors.

Our article on Missouri probate court forms for personal representatives can help you stay on top of the required filings.

How long does the whole process take?

A straightforward Missouri probate typically takes six months to one year. The minimum timeline is set by the six-month creditor claim period. Estates with contested wills, tax disputes, or complicated assets can take significantly longer.

You can speed things up by being organized from the start filing documents on time, responding to court requests promptly, and keeping beneficiaries informed.

Do I get paid for serving as executor?

Yes. Missouri allows executors to receive reasonable compensation for their work. If the will specifies a fee, that amount usually controls. If the will is silent, Missouri law permits compensation based on the estate's assets and the complexity of the work involved. The court must approve your fees.

You should also be reimbursed for legitimate out-of-pocket expenses, such as court filing fees, postage, travel costs, and professional appraisals.

For a complete walkthrough of each stage, see our detailed probate process guide for Missouri executors.

Executor Probate Checklist for Missouri

1. Locate the original will and file it with the probate court within 30 days of death
2. Gather all required documents (death certificate, financial records, property deeds)
3. File the Petition for Probate with the court to receive your Letters
4. Send written notice to all known heirs and beneficiaries
5. Publish the required notice in a local newspaper for four consecutive weeks
6. Open a dedicated estate bank account
7. File a complete inventory of estate assets with the court within 30 days of appointment
8. Review and pay valid creditor claims after the claim period expires
9. File all required tax returns (personal, estate income, and any estate tax)
10. Distribute remaining assets to beneficiaries according to the will or state law
11. File a final settlement accounting with the court
12. Obtain the court order discharging you as executor

Tip: Keep a calendar of every deadline from the moment you're appointed. Missouri probate has strict timing requirements, and missing even one filing can stall the entire estate. When in doubt, talk to a probate attorney before a missed deadline becomes a legal problem.