Missouri probate is handled in the Probate Division of the Circuit Court in each county. Missouri uniquely sets a statutory minimum for executor commissions on a sliding scale, and provides "independent administration" as a streamlined alternative to traditional supervised probate. This guide walks through every option.
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Does Missouri Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Beneficiary Deed (Missouri's version of a transfer-on-death deed), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and property held by spouses as tenants by the entirety.
Independent vs. Supervised Administration
- Independent administration: Missouri's preferred path when the will requests it or all heirs consent. The personal representative manages the estate without court supervision of routine actions, files an inventory and an annual statement, and closes by Statement of Account.
- Supervised administration: The traditional path. Every significant action (selling real estate, distributing assets, paying claims) requires court approval — slower and more expensive.
Small Estate Affidavit
For estates valued at $40,000 or less, Missouri offers a Small Estate Affidavit under Mo. Rev. Stat. § 473.097. The affidavit can be used 30 days after death and is filed with the probate court. The court issues an order authorizing the affiant to collect estate assets and distribute them — no formal probate is opened.
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- File an Application for Letters Testamentary (with a will) or Letters of Administration (without a will) in the Probate Division of the Circuit Court of the county where the deceased was domiciled.
- Attend the brief court hearing — typically scheduled 2–4 weeks after filing.
- If approved, the court issues Letters and (if requested and appropriate) authorizes independent administration.
Missouri's Statutory Executor Commissions
Missouri is one of the few states that fixes executor commissions by statute on a sliding scale under Mo. Rev. Stat. § 473.153 — but it's important to understand that this schedule is a statutory minimum, not a cap:
- 5% of the first $5,000
- 4% of the next $20,000
- 3% of the next $75,000
- 2.75% of the next $300,000
- 2.5% of the next $600,000
- 2% of everything above $1 million
Examples: a $200,000 estate generates approximately $5,800 in minimum commissions. A $500,000 estate generates approximately $13,800. A $1 million estate generates approximately $24,300. If the court finds that reasonable compensation for the actual work performed exceeds this schedule, it must allow additional compensation to make the total reasonable and adequate — the executor doesn't need to show "extraordinary services" to qualify for more.
Missouri attorneys who handle independent administration are entitled to the same statutory schedule as a separate fee — so the standard professional fees on a typical Missouri estate are roughly double what the schedule alone would suggest.
Pro tip
Missouri's statutory commission schedule applies to BOTH the executor and the attorney in independent administration, and it's a floor, not a ceiling — courts can and do award more when the work justifies it. Discuss fee expectations with your attorney up front if cost is a concern.
Creditor Claims in Missouri
Missouri requires the personal representative to publish a Notice to Creditors in a county newspaper. Creditors then have 6 months from the date of first publication to file claims against the estate. Direct notice to known creditors does not shorten this deadline; all creditors get the full 6-month publication period.
Intestacy in Missouri
If there's no will, Missouri's intestacy statute, Mo. Rev. Stat. § 474.010, applies. If the deceased has a surviving spouse and all descendants are also descendants of the surviving spouse, the spouse takes the first $20,000 plus 1/2 of the balance, with the descendants taking the remaining 1/2. If the deceased has children from outside the marriage, the spouse takes 1/2 and the descendants take 1/2, with no set-aside amount. If there are no descendants, the spouse inherits everything.
Missouri Has No State Estate or Inheritance Tax
Missouri has no state estate tax and no inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026. The vast majority of Missouri estates owe no estate or inheritance tax of any kind.
You're reading about probate in Missouri. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Missouri may change. Consult a licensed Missouri attorney for guidance specific to your situation.