What to Expect in Probate Court

In Missouri, when someone passes away without a trust in place, their estate will have to go through probate court. Most people don’t have a complete understanding of what exactly is involved in probate court, the costs, timelines, etc., so the purpose of this blog post is to provide some general information. However, it should be noted that there are many different types of estates, so depending on the exact situation, this information could differ.

Probate Court is the legal process by which a deceased person’s assets are accounted for & distributed. After someone’s passing, an estate must be opened by either an heir or an attorney that is retained by an heir. That heir will serve as a personal representative of the estate, meaning that they will be in charge of providing an inventory of all assets, their estimated value, a list of all eligible heirs & promises to serve as the person in charge of paying any debts & distributing assets according to the deceased’s will (if they had one) &/or by order of the court. 



A copy of the deceased’s death certificate is required & must be filed with this initial document. At that point, the court will issue documents to a local newspaper to have them publish a notice that the person has passed away & directing them to contact the court or attorney of record if they believe they are owed money or should be named as a beneficiary of the estate. This notice must run for 30 days. 

There are some timeline requirements mandated by statute, so probate court involves a lot of waiting. Once the timelines are complete & a final inventory is filed with the court, the court will allow the personal representative to distribute any remaining funds to all eligible heirs. In all, probate court takes a minimum of 6 months, but often takes 9-12 months.

To open an estate, a filing fee is required which usually costs over $100. Additionally, there is a publication fee for the notices to be published in a local newspaper & that cost can vary. However, it is usually several hundred dollars. Personal representatives are also required to obtain a surety bond unless all other heirs sign a waiver of bond. This is another out-of-pocket cost that can vary widely. 



If an attorney is hired or appointed to help administer the estate, their fees are determined by statute. The fees work like tax brackets, but in reverse. As of 2024, the attorney will receive 5% of the first $5,000, 4% of the next $20,000, 3% of the next 75,000, etc. Meaning, as the value of the estate grows, the attorney receives less of a percentage of the estate’s value. Depending on the value of the estate, attorneys’ fees could be thousands of dollars. This cost will be paid out of the estate prior to funds being distributed to heirs. 

Hiring an attorney is not required to open an estate in Missouri. However, many people find the process confusing & overwhelming. Also, because opening an estate means a loved one has passed away, an heir may not feel emotionally capable of handling all the paperwork & timelines involved in estate administration. An attorney with experience will know the process better & know exactly what needs to be filed & when. 

If you find yourself in need of help probating a loved one’s estate, call our office today to set up a consultation. Our attorney has over 10 years of experience in probate administration & can take away the stress that comes with it. He can ensure everything is filed correctly, timely & keep the estate process on track to finish as quickly as possible.