Short answer: In Missouri, a full probate estate can’t close until the creditor claim period ends, which is six months after the first published notice of letters (RSMo 473.360). Closing the estate then takes a published notice of final settlement (RSMo 473.587). So plan on more than six months. Disputes, missing heirs or an unsold house add time.
The Missouri Probate Timeline, Step by Step
- Present the will. If no notice of letters has been published, a will generally has to be presented to the probate court within one year after the death, or it can’t be admitted (RSMo 473.050).
- Letters are issued and notice is published. Once the court appoints a personal representative, the clerk publishes a notice once a week for four consecutive weeks and mails a copy to the heirs (RSMo 473.033).
- The six-month creditor window runs. Creditors have six months from the first publication to file claims, or two months from a mailed notice if that ends later (RSMo 473.360).
- Pay debts and handle the property. The personal representative inventories assets, pays valid claims and expenses, and sells or distributes property such as the house.
- Final settlement. The personal representative gives at least 29 days’ notice, published once a week for four weeks. Objections are due within 20 days after the settlement is filed (RSMo 473.587).
Ways the Process Can Be Shorter
Small estate affidavit. If the whole estate, minus liens and debts, is worth $40,000 or less, heirs may be able to use an affidavit instead of full probate. It can be used once 30 days have passed since the death and no application for letters is pending, and it can cover real estate (RSMo 473.097). See how the Missouri small estate affidavit works for a house. Other conditions apply, such as a bond (unless the court waives it) and a filing fee.
Independent administration. When the will allows it, or all the heirs consent, the personal representative can run the estate with less court supervision (RSMo 473.780). The creditor period still applies, but there are usually fewer trips to court along the way.
Can You Sell the House Before Probate Is Finished?
Often, yes. Once a personal representative has been appointed, the estate can usually sell the house. Whether that sale needs a court order depends on the will and on whether the estate is under independent or supervised administration, so ask the estate’s attorney. Selling early can stop the monthly costs (taxes, insurance, utilities, upkeep) that keep coming while the estate is open.
If the house needs work or is full of belongings, you can sell the inherited house as-is for cash. We buy probate houses across Kansas City and work around the estate’s timeline. For more background, read Can a house in probate be sold in Missouri? and Selling an inherited property during probate in Missouri.
What Slows Missouri Probate Down
- A contested will or a disagreement among heirs
- Heirs who are hard to find or who don’t respond
- Disputed creditor claims
- A house that needs repairs, cleanout or a buyer before the estate can be divided
- Missing paperwork, such as titles, deeds or account records
This guide is general information, not legal advice. Laws change, and every estate is different, so talk to a Missouri probate attorney about your situation.
Missouri Probate FAQs
A full Missouri probate estate can’t close until the creditor claim period ends, six months after the first published notice of letters (RSMo 473.360). After that, a published notice of final settlement is required (RSMo 473.587). Most estates take longer than six months, and disputes or an unsold house add time.
For estates worth $40,000 or less after liens and debts, Missouri allows a small estate affidavit once 30 days have passed since the death and no application for letters is pending (RSMo 473.097). Other conditions apply, so check with the probate clerk or an attorney.
Generally, a will has to be presented to the probate court within one year after the death if no notice of letters has been published. Otherwise it can’t be admitted to probate (RSMo 473.050).
Usually, once a personal representative has been appointed. Whether a court order is needed depends on the will and the type of administration, so ask the estate’s attorney. A cash buyer can buy the house as-is.
No. An estate can sell an inherited house as-is to a cash buyer. That means no repairs or cleanout, and no agent commission.
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