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Avoid Probate in Missouri.
Protect Your Family from Court Costs and Delays.

What Is Probate in Missouri?

Probate in Missouri is a court-supervised legal process required when someone dies owning assets in their individual name without proper planning in place. The probate court oversees the validation of the will (if one exists), appointment of a personal representative, payment of debts, and final distribution of assets.

Probate is:

  • Open to the public
  • Governed by Missouri statutory law
  • Subject to court timelines and supervision
  • Required even if you have a will

Many families are surprised to learn that a will does not avoid probate in Missouri—it guarantees it.

planning-for-minor-children-southwest-mo-estate-planning

How Does the Missouri Probate Process Work?

Power of Attorney Document

When probate is required, families typically must:

  • Open a probate estate in the county probate court
  • Appoint a personal representative (executor)
  • Provide notice to creditors
  • Inventory and appraise assets
  • Obtain court approval before final distributions

In southwest Missouri, this process commonly lasts 9 to 18 months, even when there are no disputes or complications. During that time, assets may be restricted, real estate sales require court approval, and distributions to family members are delayed.

How Much Does Probate Cost in Missouri?

Missouri probate costs are not random. They are structured under statutory fee guidelines and are subject to court approval.

Under Missouri’s statutory compensation schedule, both the attorney and the personal representative are entitled to fees based on the value of the probate estate.

A Common Southwest Missouri Example:

Home: $400,000
Other probate assets: $350,000
Total probate estate: $750,000

Estimated probate costs often include:

Attorney fees: $13,000–$16,000
Personal representative fees: $13,000–$16,000
Court and administrative expenses: $1,000–$4,000

Total estimated probate cost: $27,000–$36,000

These amounts are paid from the estate before heirs receive their inheritance. Additionally, personal representative compensation is taxable income, creating an avoidable tax burden for the family member serving in that role.

Can Probate Be Avoided in Missouri?

In many cases, yes.

With properly structured trusts and strategic asset ownership planning, families can often reduce or completely avoid probate in Missouri.

Probate avoidance planning focuses on:

  • Revocable living trusts
  • Coordinated beneficiary designations
  • Proper asset titling
  • Clear authority for incapacity
  • Efficient transfer of assets outside of court

The goal is not simply to create documents. The goal is to keep your family out of court.

Seniors Discussing Best Fit for Estate

How Long Does Probate Take in Missouri?

Even a smooth Missouri probate case generally requires:

A minimum of

9-12 Months

Frequently

12-18 Months

or longer

This timeline is driven by statutory waiting periods, creditor notice requirements, and court scheduling.

Life does not pause while probate works through the system. Families must manage court procedures while also grieving a loss—adding emotional strain to an already difficult time.

Why Families in Southwest Missouri Choose Probate Avoidance Planning

Families throughout the Ozarks value privacy, efficiency, and taking care of their loved ones without unnecessary government involvement.

Southwest Missouri family at vacation home property

A comprehensive estate plan can help:

  • Preserve privacy
  • Reduce court involvement
  • Minimize statutory probate fees
  • Speed up asset distribution
  • Reduce stress for surviving family members

Estate planning does not change what you worked for. It changes how much of it your family keeps—and how easily they receive it.

Schedule a Complimentary Probate Consultation Call

If you own a home, savings, retirement accounts, land, or a small business, you may already have probate exposure under Missouri law.

The first step is clarity.

During your complimentary consultation call we will:

  • Review how your assets are currently titled
  • Identify potential probate risks
  • Discuss trust-based estate planning options
  • Recommend the estate planning package that best fits your family

There is no cost For this initial consultation call. No obligation. Just a clear path forward.

Estate Planning