FigureMyTax

What Delays Probate in Missouri?

Beyond the statutory floor, these are the specific, recurring reasons a Missouri probate runs past the typical 6–12 month range.

RSMo Chapter 473

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the biggest delay risks in Missouri are missing the one-year deadline to apply for letters, losing independent administration status, and real estate that needs to be sold. Estimate your own timeline with the Missouri probate timeline calculator.

1. Missing the one-year letters deadline

The stakes: because RSMo § 473.050 and § 473.070 cannot be extended by agreement among the family, waiting too long to apply for letters isn't a minor delay — it can take full administration off the table entirely, forcing the family toward slower, more limited alternate procedures for sorting out the estate.

2. Losing independent administration status

Independent administration under RSMo § 473.780 et seq. is what lets most Missouri estates move with fewer hearings and less court approval. It requires either the will to allow it or all interested parties to consent — if either condition fails, the estate falls back to supervised administration, which moves slower by design.

3. The mandatory attorney requirement, unplanned for

RSMo § 473.787 requires a personal representative who isn't a licensed attorney to be represented by counsel for most Missouri estates. Families who don't anticipate this and haven't already identified an attorney can lose real time at the outset simply finding and retaining the right one — time that's avoidable with earlier planning.

4. Real estate that needs to be sold

Only real estate actually sold under court order counts toward Missouri's statutory fee scale calculation — but the sale itself still adds its own appraisal, listing, and closing timeline on top of the baseline, regardless of how it's ultimately valued for fee purposes.

Facing probate in Missouri?

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

Talk to a Missouri attorney

What delays Missouri probate — frequently asked questions

What's the single most common cause of probate delay in Missouri?

Missing the one-year deadline to apply for letters. Because RSMo § 473.050 and § 473.070 cannot be extended by agreement, a family that waits too long to open administration can lose access to full probate entirely and be pushed toward slower alternate procedures.

Does losing independent administration delay Missouri probate?

Yes. If independent administration isn't available — the will doesn't allow it and not all interested parties consent — the estate falls back to supervised administration, which requires more court approval at more steps and generally moves slower.

Does the mandatory attorney requirement delay Missouri probate?

Indirectly, yes, if it's not planned for. RSMo § 473.787 requires a non-attorney personal representative to be represented by counsel for most estates — finding and retaining the right attorney is a real step that a family unprepared for the requirement can end up doing later than ideal.

Does real estate delay Missouri probate?

Commonly, yes, when it needs to be sold. Only real estate actually sold under court order counts toward the statutory fee scale calculation, and the sale itself adds its own appraisal, listing, and closing timeline on top of the baseline.

Keep going

Missouri Probate Timeline CalculatorYour estimate, based on your answers Missouri Probate DeadlinesEvery statutory date, with citations Independent vs SupervisedWhich one applies to your estate Missouri Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on RSMo 473.050, 473.070, 473.780, 473.787. Whether a specific estate will actually be delayed depends on its own facts. Consult a licensed Missouri attorney about a contested or complex estate.