The single most important early determination is which assets require probate and which do not. Probate is triggered by how an asset is titled at the moment of death — not by whether a will exists. An asset requires probate only if it is titled solely in the decedent’s individual name with no beneficiary designation, no joint ownership, and no trust ownership.

• Bank account in decedent’s name only → requires probate
• Bank account with POD designation → no probate; passes directly to named beneficiary
• Home titled in trust name → no probate; successor trustee handles
• Home titled in decedent’s name only → requires probate
• IRA with named beneficiary → no probate; passes directly
• Investment account with no TOD designation → requires probate

If the total value of probate-only assets is $40,000 or less, Missouri’s Small Estate Affidavit process may be available — eliminating the need for formal court-supervised probate entirely. See our complete guide on Missouri Small Estate Affidavits.

At the moment of death, the decedent’s Social Security number can no longer be used for new financial activity. The estate (and any trust becoming irrevocable at death) becomes its own tax entity requiring a separate Employer Identification Number (EIN) from the IRS — obtainable online at IRS.gov at no cost.

Open a dedicated estate checking account (and trust account, if applicable) using the EIN. All estate receipts — incoming asset transfers, liquidated account proceeds, insurance payments — should flow into this account. All estate disbursements — creditor payments, administrative expenses, and ultimately beneficiary distributions — should be paid from it. This creates the clean transaction record you will need for the final accounting.

• Apply for EIN at IRS.gov — available immediately online
• Open estate checking account at a local bank with EIN and Letters Testamentary (once issued)
• Keep personal funds completely separate from estate funds at all times
• Record every transaction with date, payee, amount, and purpose

If probate assets exist above the Small Estate threshold, you must file a petition with the Missouri 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 appointment as Personal Representative. The court then issues Letters Testamentary — the document that grants you legal authority to act on behalf of the estate.

Do not attempt to transfer or liquidate probate assets before receiving Letters Testamentary. Without court-issued authority, you have no legal right to access individually-titled accounts or real estate, and institutions will not cooperate with you. Acting without authority exposes you to personal liability and can complicate the administration significantly.

• File in the county where the decedent was domiciled at death
• Bring original will, certified death certificate, and filing fee
• Court schedules a hearing — typically within 2–4 weeks of filing
• Letters Testamentary issued at or shortly after the hearing
• Request multiple certified copies — every institution will require one

Missouri law imposes mandatory notice requirements that trigger critical limitation periods — both for creditor claims and for trust challenges.

• Probate creditor notice: Publication in a local newspaper of general circulation in the county of the probate court. Creditors then have 6 months from the date of first publication to file claims against the estate. Claims not filed within this period are generally barred.
• Trust beneficiary notice: As trustee, you are required to send formal written notice to all trust beneficiaries within a reasonable time of assuming your duties. This notice starts a 3-month period during which beneficiaries may contest the trust’s validity. Making distributions before this period closes exposes you to personal liability.
• Known creditors: Beyond publication, you should provide direct written notice to all known creditors — medical providers, credit card companies, mortgage lenders, and any other parties who may have a claim.

These notice periods are not optional formalities — they are the mechanism that protects you as fiduciary. Distributing before creditor and challenge periods close is one of the most common and costly executor errors in Missouri.

A complete, documented inventory of all assets — both probate and non-probate — is the foundation of the entire administration. Without it, you cannot properly calculate the estate’s value, identify what is owed to creditors, determine tax obligations, or make accurate distributions. In formal probate, a court-filed inventory is required. In trust administration, a thorough internal inventory is still essential for your accounting to beneficiaries.

• Real estate: obtain professional appraisal establishing fair market value at date of death — required for tax purposes and essential for establishing stepped-up cost basis for beneficiaries
• Bank and investment accounts: obtain date-of-death statements from every institution
• Retirement accounts: identify beneficiaries and date-of-death values
• Personal property: document vehicles (title and value), jewelry, art, collectibles, and furniture of significant value
• Business interests: may require formal business valuation
• Digital assets: cryptocurrency, online accounts, domain names, and digital intellectual property

Once appointed and inventoried, the substantive work of collecting and managing the estate’s assets begins. This phase runs concurrently with the creditor notice periods and tax preparation and may last several months depending on the complexity of the estate.

• Collect financial accounts: transfer individually-titled bank and brokerage accounts into the estate account using Letters Testamentary; collect non-probate accounts by presenting the beneficiary designation and death certificate directly to the institution
• Manage real estate: maintain insurance, utilities, security, and upkeep on any property the estate holds; court approval may be required before selling real estate in formal probate depending on will provisions
• Collect life insurance and retirement accounts: file claims with each insurer and plan administrator using the death certificate; distributions to named beneficiaries are handled directly by the institution
• Manage business interests: if the decedent owned a business, ongoing operation or controlled wind-down may be required; consult with a business attorney about operating authority and liability
• Handle claims and disputes: evaluate each creditor claim, pay valid debts in Missouri’s statutory priority order, and formally reject invalid or questionable claims in writing with the required notice period

Tax compliance is the area of estate administration where fiduciary liability is most acute — and where mistakes by well-intentioned but inexperienced executors are most common and most costly. As executor or trustee, you are personally responsible for ensuring all required returns are filed and all taxes are paid before making final distributions.

• Decedent’s final personal income tax return (Form 1040): due April 15 of the year following death (or the next business day). Covers income earned January 1 through date of death. If the decedent had a refund coming, it belongs to the estate.
• Estate income tax return (Form 1041): required if the estate earns more than $600 in income during administration — interest, dividends, rental income, or gains from asset sales. Filed annually until the estate is closed.
• Trust income tax return (Form 1041): required for any trust that becomes irrevocable at death and earns income during the administration period.
• Federal estate tax return (Form 706): required only if the gross estate exceeds the federal exemption (currently $13.99 million per individual in 2025). Most Missouri estates do not require this return.
• IRS clearance letter: before making final distributions, obtain written confirmation from the IRS that no taxes are outstanding. If the IRS subsequently asserts a deficiency after you have already distributed assets, you may be personally responsible for the shortfall.

Once creditor claim periods have closed, all assets have been collected, and tax returns have been filed and cleared, the estate is ready for distribution. The sequence matters — each step must be completed before the next begins.

• Prepare a formal accounting: a complete statement of all assets received, all income earned, all expenses paid, all taxes paid, and all remaining assets available for distribution. In probate, this is filed with the court. In trust administration, it is provided directly to the beneficiaries. Every beneficiary is entitled to this accounting — providing it proactively is both legally required and practically protective.
• Make initial distribution: once you have a clear picture of remaining assets and obligations, an initial distribution of the bulk of the estate is appropriate — while retaining a reasonable reserve for any remaining professional fees, pending tax matters, or unexpected claims.
• Obtain IRS clearance: confirm all tax accounts are settled and no outstanding assessments exist before making final distribution.
• Make final distribution: distribute all remaining assets with a final statement of account sent to each beneficiary, documenting what they received and confirming the estate is fully administered.
• Close probate (if applicable): file a petition to close the probate estate with the court, including the final accounting. The court reviews and issues a final order discharging you from your duties as Personal Representative.