How probate costs work in Missouri
Probate in Missouri runs through the Probate Division of the Circuit Court in the county where the person lived — St. Louis City and County, Jackson (Kansas City), St. Charles, Greene (Springfield), Clay, and the state's 115 counties. Missouri has two features most states don't: a statutory fee scale that applies twice (executor and attorney), and a statutory requirement to hire an attorney for most estates.
1. Executor fee — a statutory sliding scale
On a $100,000 estate that is about $3,300; on a $500,000 estate, about $14,050. The scale is a floor — the court can allow more for extraordinary services, up to a ceiling of twice the minimum or 5%, whichever is less.
2. Attorney fee — the same scale, again
This is Missouri's unusual twist: RSMo § 473.153 also governs the attorney's fee, so the same percentages are charged a second time against the same estate. On a $500,000 estate that means roughly $14,050 for the executor and another $14,050 for the attorney — about $28,000 combined before court costs.
3. Attorney is usually required by law
4. Court filing & other costs
County court filing fees are modest — commonly $150–$300 depending on the county. Add notice-to-creditors publication, certified Letters, and a bond premium (~0.5%/year) unless the will waives the bond.
5. When probate can be skipped in Missouri
- Small estate affidavit — for an estate (net of liens) of $40,000 or less, 30 days after death, with a bond (RSMo § 473.097).
- Refusal of letters — for a surviving spouse within the statutory allowances (RSMo § 473.090).
A revocable living trust, joint ownership, or beneficiary/TOD designations avoid probate entirely — and, in Missouri, avoid paying the scale twice. Note: Missouri has no estate tax and no inheritance tax.
| Cost component | Missouri figure | Source |
|---|---|---|
| Executor fee | Statutory scale (5% to 2%); ~$14,050 on $500k | RSMo § 473.153 |
| Attorney fee | Same scale again; ~$14,050 on $500k | RSMo § 473.153 |
| Attorney required | Yes, for most estates | RSMo § 473.787 |
| Small estate limit | $40,000 (net of liens) | RSMo § 473.097 |
| State estate / inheritance tax | None | Missouri DOR |