TrustFully.law — Probate Services

Probate Is Complicated. You Don’t Have to Handle It Alone.

If you’ve lost a loved one and been appointed executor, you’re facing legal responsibilities you’ve likely never dealt with before — on a timeline you didn’t choose. TrustFully guides Missouri executors through every step of probate and estate administration, protecting you from personal liability while getting the estate closed correctly.

Opening Probate Estates Letters Testamentary Creditor Claims Asset Identification Real Estate Transfers Tax Compliance Final Distribution
TrustFully.law — Missouri Probate

Missouri Probate: A Complete Guide to What It Is, What It Costs, and How TrustFully Helps

Probate Administration · Executor Duties · Fiduciary Liability · Creditor Claims · Letters Testamentary · Missouri Probate Court

Probate is the court-supervised legal process of administering a deceased person’s estate — and in Missouri, it is required any time assets were titled solely in the decedent’s name without a beneficiary designation, joint owner, or trust. For most executors, it is their first time navigating a court process, often while grieving and managing family expectations simultaneously. Understanding what probate actually involves, what it costs, and what your personal obligations are as executor is the first step toward protecting yourself and honoring the trust placed in you.

What Is Missouri Probate — And When Is It Required?


Probate is not triggered by the existence of a will — it is triggered by how assets are titled at the moment of death. An asset requires probate only if it sits in the decedent’s individual name with no beneficiary designation, no surviving joint owner, and no trust ownership. A will, by itself, does not avoid probate. It simply governs how probate assets are distributed once the court process is complete.

📖 What Triggers Missouri Probate — and What Doesn’t

Probate required: Bank account titled solely in decedent’s name · Real estate titled in decedent’s name only · Investment account with no TOD designation · Personal property with no designated recipient · Business interest not assigned to a trust

No probate required: Accounts with a payable-on-death (POD) designation · Real estate titled in a living trust · Property with a recorded Missouri beneficiary deed · Retirement accounts and life insurance with named beneficiaries · Jointly-owned property with right of survivorship · Assets titled in a revocable living trust

Missouri offers two simplified alternatives to full probate when probate assets are modest: a Small Estate Affidavit for estates with $40,000 or less in probate assets (usable 30 days after death, no court filing required), and Simplified Administration for probate estates between $40,001 and $60,000. Full court-supervised probate is required when probate assets exceed $60,000 — and in Missouri, an attorney is required to open a probate estate above the $40,000 threshold.

Why Executors Need Legal Guidance — The Personal Liability Risks


When you are appointed Personal Representative (executor) by a Missouri court, you are not simply administering paperwork. You are a fiduciary — legally obligated to act in the best interest of the estate and its beneficiaries, subject to the highest standard of care the law imposes. The consequences of getting it wrong are personal, not abstract.

Without Legal Guidance
Risks Executors Face Alone
  • Personal liability for taxes if distributions made too early
  • Liability to creditors for improper or missed payments
  • Beneficiary lawsuits for mismanagement or self-dealing
  • Missed court deadlines triggering penalties or removal
  • Improperly paid creditor claims — liability to beneficiaries
  • Failure to file required tax returns on time
  • Assets lost, undervalued, or distributed incorrectly
  • No release from liability before making final distribution
With TrustFully’s Guidance
How We Protect You
  • Clear timeline for distributions — after taxes and creditors
  • Creditor claims properly evaluated, paid, or rejected
  • Formal accounting provided to all beneficiaries
  • All court filings prepared and deadlines met
  • Tax returns coordinated with estate CPA
  • All assets identified, collected, and properly managed
  • Beneficiary releases obtained before final distribution
  • Court order discharging you from personal liability
⚠ Three Executor Mistakes That Create Personal Liability

Distributing before creditors are paid. Missouri law requires creditors to be notified and given time to file claims before any distribution to beneficiaries. An executor who distributes assets before the creditor claim period closes — and before valid claims are satisfied — can be held personally responsible for those unpaid debts, even if the estate money is already gone.

Distributing before taxes are cleared. As executor, you are personally responsible for the decedent’s final income tax return and the estate’s income tax returns. If you distribute the estate and the IRS later asserts a deficiency, you may owe that amount personally. Always obtain IRS clearance before making final distributions.

Paying an invalid creditor claim. The flip side of the creditor problem: paying a claim that was improperly filed, barred by statute, or simply not valid reduces the estate available to beneficiaries — and beneficiaries can sue you for that reduction. Every creditor claim requires careful evaluation, not automatic payment.

The Missouri Probate Process — Step by Step


Missouri full probate administration follows a defined sequence of steps, each with its own requirements and deadlines. The timeline below assumes an uncontested estate. Disputes, complex assets, or tax complications extend every phase.

1
Days 1–14
Initial Assessment and Document Gathering
Before filing anything, understand what you’re working with

The first task is determining the full scope of what the decedent owned and how each asset is titled. This determines whether probate is required, which track applies, and what your obligations will be. Before any court filing, gather:

  • The original will — courts require the original document, not a copy; if it was held by the decedent’s attorney, contact them immediately
  • Certified death certificates — order 10 to 15 copies; every institution and agency will require one
  • Financial statements for all accounts — bank, brokerage, retirement, and any others
  • Real estate deeds — to determine how property is titled
  • Insurance policies — life insurance, annuities, and any policies with named beneficiaries
  • Business documents — LLC operating agreements, stock certificates, partnership agreements

With this information in hand, you and your attorney can determine whether full probate, simplified administration, or a small estate affidavit is the right path — and begin mapping out your obligations and timeline.

2
Days 14–30
Filing the Probate Petition and Obtaining Letters Testamentary
Court authority to act — required before touching any probate asset

To open a Missouri probate estate with assets above $40,000, an attorney must file a Petition for Probate of Will and Appointment of Personal Representative with the Probate Division of the Circuit Court in the county where the decedent resided. The petition includes the original will, a certified death certificate, and a request for your appointment as Personal Representative.

Once the court issues Letters Testamentary — typically at or shortly after the hearing — you have the legal authority to act on behalf of the estate: access accounts, manage property, and communicate with financial institutions. Do not attempt to access or transfer probate assets before Letters are issued. Doing so without authority exposes you to personal liability and will complicate the administration.

  • Filing fees vary by county — typically $150 to $300
  • Hearing typically scheduled 2 to 4 weeks after filing
  • Request multiple certified copies of Letters — every institution will require one
  • TrustFully prepares all pleadings and accompanies you through the court process
3
Days 14–45
Publishing Notice to Creditors and Notifying Beneficiaries
Starting the clock on the creditor claim period

Missouri law requires publication of a notice to creditors in a newspaper of general circulation in the county where probate was opened. This notice starts the 6-month creditor claim period — the window during which creditors may file claims against the estate. Once published, creditors who do not file within 6 months are generally barred from collecting.

Beyond publication, known creditors — medical providers, credit card companies, mortgage lenders — should receive direct written notice. Additionally, all beneficiaries named in the will must be formally notified of the probate proceeding and their right to receive a copy of the will.

  • Publication must appear in a qualifying newspaper in the correct county
  • Proof of publication must be filed with the court
  • Known creditors should receive written notice even if they also see the publication
  • No distributions to beneficiaries until the 6-month creditor period closes
4
Days 30–60
Identifying, Inventorying, and Appraising All Assets
The foundation of every distribution and tax calculation

As Personal Representative, you must prepare a formal Inventory of Assets — a complete list of every asset in the estate with its date-of-death value. In formal Missouri probate, this inventory is filed with the court. It is the foundation for everything that follows: creditor payments, tax filings, and beneficiary distributions.

  • Real estate: professional appraisal required to establish fair market value at date of death; critical for tax purposes and establishing stepped-up cost basis
  • Financial accounts: date-of-death account statements from each institution
  • Vehicles: title and NADA/KBB value at date of death
  • Personal property of value: jewelry, art, collectibles, firearms — professional appraisal recommended for items of significant value
  • Business interests: LLC membership interests, corporate shares, partnership interests — may require a formal business valuation
  • Complex or unusual assets: mineral rights, intellectual property, cryptocurrency, artwork — TrustFully has experience identifying and properly valuing these categories
5
Months 2–8
Collecting Assets, Managing Property, and Handling Creditor Claims
The substantive work of administration

With Letters Testamentary in hand, you can begin the work of collecting estate assets into a dedicated estate account, managing property the estate holds, and evaluating creditor claims as they come in during the publication period.

  • Collect financial accounts: transfer each account to the estate account using Letters Testamentary; obtain date-of-death valuations for tax records
  • Manage real estate: maintain insurance, utilities, and upkeep; in some cases court approval is required before selling — TrustFully guides you through the authorization process
  • Handle creditor claims: every claim filed during the 6-month period must be evaluated; valid claims paid in Missouri’s statutory priority order; invalid or questionable claims formally rejected in writing
  • Coordinate with the estate CPA: identify all tax filing obligations and begin gathering records for the decedent’s final personal return and any estate income tax returns
  • Manage complex assets: minerals, hard-to-value assets, artwork, business interests — each requires specific handling that TrustFully’s experience makes straightforward
6
Months 4–12+
Tax Compliance — Filing Returns and Obtaining IRS Clearance
Your most consequential obligation as executor

As executor, you are personally responsible for ensuring every required tax return is filed and every tax obligation is paid before making distributions. Failure to do so does not just delay the estate — it creates personal liability for you if the IRS later asserts a deficiency after money has been distributed.

  • Decedent’s final Form 1040: covers January 1 through date of death; due April 15 of the year following death; any refund belongs to the estate
  • Estate income tax return (Form 1041): required if the estate earns $600 or more during administration from any source — interest, dividends, rental income, or capital gains from asset sales
  • Federal estate tax return (Form 706): required only if the gross estate exceeds the current federal exemption ($13.99 million per individual in 2025); the vast majority of Missouri estates do not file this return
  • IRS clearance: before making final distributions, confirm in writing that all tax accounts are settled — if the IRS later finds additional taxes owed, you may be personally responsible for the deficiency
7
Months 9–18
Distribution, Final Accounting, and Closing Probate
The final phase — structured to release you from liability

Once creditor claims are resolved, taxes are filed and cleared, and all assets have been collected, the estate is ready for distribution. The sequence matters: following it correctly is what releases you from personal liability as executor.

  • Initial distribution: once you have a clear picture of remaining assets and confirmed obligations, an initial distribution of the bulk of the estate is appropriate — while retaining a reserve for remaining fees, final tax matters, and any pending items
  • Final accounting: a complete statement of every asset received, every expense paid, every tax filed, and every distribution made — filed with the probate court and provided to all beneficiaries
  • Beneficiary releases: before making final distribution, obtain signed releases from each beneficiary acknowledging receipt and releasing you from further liability — this is critical protection for you personally
  • Final distribution: remaining assets distributed to beneficiaries with a final statement of account confirming the estate is fully administered
  • Petition to close: filed with the probate court along with the final accounting; once approved, the court issues an order discharging you as Personal Representative, releasing you from further obligation

What TrustFully Does for You — Full-Service Probate Representation


TrustFully provides full-service probate and estate administration representation for Missouri executors and families. We handle the legal work so you can focus on your family — while knowing the estate is being administered correctly, on time, and with your personal liability protected at every step.

✓ TrustFully Probate Services — What’s Included
  • Initial consultation to review estate documents, assess assets, and map out your obligations and timeline
  • Determination of whether full probate, simplified administration, or small estate affidavit applies
  • Preparation and filing of all probate court pleadings — petition, inventory, accountings, and closing documents
  • Securing your appointment as Personal Representative and obtaining certified Letters Testamentary
  • Publication of required creditor notices and management of the 6-month claim period
  • Evaluation of every creditor claim — proper payment, rejection, or negotiation
  • Collection of estate assets into the estate account, including financial accounts, real estate, and business interests
  • Handling of real estate assets, transfers, and sales — including court authorization where required
  • Assistance with complex and hard-to-value assets: minerals, artwork, business interests, cryptocurrency
  • Coordination with estate CPA for all required tax return filings
  • Guidance on initial and final distributions — including proper timing and reserve calculations
  • Preparation of formal accountings for court filing and beneficiary delivery
  • Obtaining beneficiary releases before final distribution to protect you from personal liability
  • Filing petition to close estate and obtaining court order discharging you as Personal Representative

Experience That Matters When It Counts Most


Derek Haake — TrustFully

Derek Haake

Founder, TrustFully.law · Missouri Estate Planning & Probate Attorney

Derek has been helping executors and trustees navigate probate and estate administration since 2011. Before founding TrustFully, he served as a corporate trustee working on estates ranging into the hundreds of millions of dollars — giving him firsthand experience with both the routine and the genuinely complex.

At TrustFully, that experience is available to every Missouri family — not just large estates. Whether your probate involves a modest savings account or a multi-asset estate with business interests and real property, Derek has seen it before and knows how to get it closed correctly.

Schedule a Free Consultation →

What Probate Costs in Missouri — Attorney Fees by Statute


Missouri is one of a handful of states that sets attorney fees for probate administration by statute — meaning what you pay your attorney is not a matter of negotiation, it is set by law based on the value of the probate estate. Both the attorney and the Personal Representative are each entitled to the statutory fee, calculated as follows:

Probate Estate Value Statutory Fee Rate Fee on That Tier
First $5,000 5% Up to $250
Next $20,000 ($5,001–$25,000) 4% Up to $800
Next $75,000 ($25,001–$100,000) 3% Up to $2,250
Next $300,000 ($100,001–$400,000) 2.75% Up to $8,250
Next $600,000 ($400,001–$1,000,000) 2.5% Up to $15,000
Anything over $1,000,000 2% 2% of the excess
📋 How TrustFully Handles Fees — No Upfront Cost to You Personally

TrustFully requires an initial deposit of $500 to cover court filing fees, paid from estate assets — not your personal funds. This deposit is credited against the statutory attorney fee at closing. Beyond this initial deposit, you have no out-of-pocket costs until distributions are made. Our fee is paid from the estate at the time of distribution — meaning until the beneficiaries receive their inheritance, we are not paid either.

In short: TrustFully’s legal guidance protects you from personal liability, gets the estate closed correctly, and costs you nothing until the estate is ready to distribute. The fee comes from the estate assets — the same assets you were appointed to protect.

TrustFully.law — Serving Greater St. Louis & All of Missouri

You Were Trusted With This. Let Us Help You Do It Right.

Being appointed executor is an honor — and a real legal responsibility. TrustFully guides Missouri executors through every step of probate administration, protecting you from personal liability while getting the estate closed efficiently and correctly. Fully remote. No office visit required. No fees until distribution.

Schedule a No-Obligation Consultation →

📚 Related Resources on TrustFully.law


Probate Doesn’t Have to Be Overwhelming — But It Does Have to Be Done Right

The stakes for an executor are real: personal liability for unpaid taxes, creditor claims, and improper distributions can follow you long after the estate appears to be closed. Professional legal guidance from the beginning of the process — not after something has already gone wrong — is the only reliable protection.

TrustFully handles every step of Missouri probate administration, from the first court filing through the final discharge order, so you can fulfill your role with confidence and move forward knowing the estate was handled correctly.

Schedule a Free Consultation →

This page is provided for informational purposes only and does not constitute legal advice. Missouri probate law is subject to change. Statutory fee schedules are set by Missouri Revised Statutes and may be updated by the legislature. Timelines and procedures vary by county and individual estate circumstances. Consult a qualified Missouri probate attorney regarding your specific situation. The choice of a lawyer is an important decision and should not be based solely upon advertisements.