Probate Attorney Fees in Missouri: What to Expect

Q: Is an attorney required for probate in Missouri?

Usually yes. Under RSMo 473.787, a personal representative who is not a licensed attorney must be represented by legal counsel in both independent and supervised administration. The exception is the small estate affidavit for estates of $40,000 or less, though some high-volume counties require an attorney even then.

Quick answer: Missouri attorney fees follow the same statutory scale as the executor under RSMo § 473.153. On a $500,000 estate that's about $14,050 for the attorney — on top of the same amount for the executor. And unlike most states, an attorney is usually required by law.

How Missouri probate attorneys bill

The statutory scale

Missouri is one of the few states where the attorney's fee is set by the same statute as the executor's: 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, and 2% above $1 million. So the estate effectively pays the scale twice.

Extraordinary services

For unusual work — litigation, running a business, complex tax — the court can approve additional compensation above the scale, on application.

Attorney required (RSMo § 473.787): a personal representative who is not a licensed attorney must be represented by counsel in both independent and supervised administration. Corporate fiduciaries must always have attorneys.

When you can avoid the attorney requirement

The main exception is the small estate affidavit ($40,000 or less), where some counties let you proceed without a lawyer — though St. Louis City, St. Louis County and Jackson County often require one even then. For a full estate above $40,000, plan on hiring counsel.

How to keep Missouri probate attorney fees down

Qualify for the small estate affidavit ($40,000 or less) — it can skip the attorney requirement and the double scale.
Ask about a flat fee instead of the full statutory scale — some attorneys will agree for a simple estate.
Plan with a trust — avoiding probate avoids paying the scale twice.

Attorney fees are only one piece. See the full picture in the Missouri probate cost breakdown, or estimate your total with the Missouri probate cost calculator.

Missouri probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Missouri?

Missouri attorney fees follow the same statutory scale as the executor under RSMo § 473.153: 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, and 2% above $1 million. On a $500,000 estate that is about $14,050 for the attorney — in addition to the same amount for the executor.

Is an attorney required for probate in Missouri?

Usually yes. Under RSMo § 473.787, a personal representative who is not a licensed attorney must be represented by legal counsel in both independent and supervised administration. The exception is the small estate affidavit for estates of $40,000 or less, though some high-volume counties require an attorney even then.

Does Missouri charge a percentage-based attorney fee like other states?

Yes, but with a twist: rather than a separate percentage schedule for attorneys, Missouri applies the exact same RSMo § 473.153 scale used for the executor's fee a second time, which is unusual among states.

Can a Missouri probate attorney charge more than the statutory scale?

Yes, for extraordinary services — litigation, running a business, complex tax matters — the court can approve additional compensation above the scale on application, but the scale itself is not optional for ordinary administration.

Which Missouri counties require an attorney even for a small estate affidavit?

St. Louis City, St. Louis County and Jackson County often require an attorney even for the small estate affidavit ($40,000 or less), even though state law doesn't strictly mandate one at that level.

Estimate for general guidance only, not legal advice. Missouri attorney fees follow the statutory scale in RSMo § 473.153; an attorney is generally required under § 473.787. Actual fees depend on the estate and any extraordinary services. Confirm with a licensed Missouri attorney.

Probate Attorney Fees in Missouri