Missouri Small Estate: Do I Need Probate?

Quick answer: if the entire estate — personal and real property together — is at or under $40,000 and 30 days have passed, the small estate affidavit covers it, house included. Above that, Missouri probate applies, typically independent administration if heirs cooperate. Check your own numbers with the Missouri small estate checker.

Why the house rarely fits, even though it legally could

Missouri is unusual in this cluster for not carving real estate out of its small estate cap — but $40,000 for the entire estate is a genuinely low bar. A modest paid-off house alone often exceeds that figure, meaning most estates with real property still need full probate, refusal of letters, or another mechanism for the real estate specifically.

A separate shortcut: refusal of letters

Refusal of letters under RSMo 473.090 is a distinct route built for a surviving spouse or unmarried minor children, separate from the $40,000 small estate cap — worth checking even when the affidavit itself doesn't fit.

A one-year clock that doesn't wait for anyone

Worth acting on early: under RSMo 473.050, a will must be presented for probate within one year of death or it's forever barred. Separately, RSMo 473.444 bars all claims against the estate one year after death, whether or not administration was ever opened. Missouri's deadline is considerably shorter than many states allow.

What skips probate before any threshold matters

Regardless of a will, a dispute, or the estate's value, certain assets never enter probate: jointly held survivorship property, payable-on-death and transfer-on-death accounts, beneficiary deeds, life insurance and retirement accounts with a living named beneficiary, and trust assets.

The decision, in order

Is the entire estate, including any real property, at or under $40,000, with 30 days passed? If yes — the small estate affidavit.
Is there a surviving spouse or unmarried minor children, and the affidavit doesn't fit? Check refusal of letters (RSMo 473.090).
Above the limit, or neither shortcut applies — independent administration if heirs cooperate, otherwise supervised administration.

Facing probate in Missouri?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Missouri attorney

Whichever tier applies, filing happens at the Probate Division of the Circuit Court in the decedent's home county — St. Louis, Jackson, St. Charles, Greene, and the rest of Missouri's 115 counties follow the same statutory thresholds.

Do I need probate — frequently asked questions

Why doesn't Missouri's small estate affidavit help most estates with a house?

Because the $40,000 cap covers the entire estate, including real property — and most houses alone are worth well over that, even with a mortgage subtracted, so the affidavit rarely reaches a house-inclusive estate in practice.

What is Missouri's one-year deadline that makes timing critical?

Under RSMo 473.050, a will must be presented for probate within one year of death or it is forever barred, and RSMo 473.444 bars all claims against the estate one year after death regardless of whether administration was ever opened.

What is refusal of letters, and how is it different from the small estate affidavit?

Refusal of letters (RSMo 473.090) is a separate shortcut built for a surviving spouse or unmarried minor children, distinct from the small estate affidavit's $40,000 cap, and can apply even when the affidavit route doesn't.

What assets skip Missouri probate regardless of estate size?

Jointly held survivorship property, payable-on-death and transfer-on-death accounts, beneficiary deeds, life insurance and retirement plans with a living beneficiary, and trust assets all pass outside probate no matter the estate's value.

When do I need probate in Missouri, and when can I skip it?

If the entire estate — personal and real property together — is at or under $40,000 and 30 days have passed, the small estate affidavit covers it, house included. Above that, Missouri probate applies, typically independent administration if heirs cooperate. Check your own numbers with the Missouri small estate checker.

This page provides general guidance only and is not legal advice. Based on RSMo 473.097, 473.050, 473.090, 473.444. Actual requirements depend on the estate's full facts. Confirm with the Probate Division or a licensed Missouri attorney before acting.

Do I Need Probate in Missouri?