Missouri probate costs and timeline
What will probate cost, and how long will it take? Missouri law answers more than most families expect.
Missouri sets the minimum fees for the Personal Representative and the estate’s attorney, and those fees are paid from the estate. How long probate takes depends on the work the estate actually needs, not just the six month creditor period.
Your first call is with an attorney. Rosalind M. Robertson takes it herself, and our goal is to return every request within one business day.
A good estimate separates the legal fees from the estate’s other expenses, so the family knows what to expect.
The short answer
How much does probate cost and how long does it take in Missouri?
Missouri law sets minimum fees for the Personal Representative and the estate’s attorney on a sliding scale, and the estate pays them. The estate also pays court costs and the costs of caring for its property.
With no house to sell and everyone in agreement, a Missouri estate can close in about eight months. About twelve months is more typical. The six month creditor period is the floor, and the time after it goes to selling property, paying valid debts, filing tax returns, and the final accounting.
01
Statutory fees
Attorney and Personal Representative
Set by a Missouri sliding scale and paid from the estate, not from the family’s savings.
02
Court costs
Filing, notice, and bond
Filing fees, the published notice, certified copies, and any required bond.
03
Property and problems
The costs that vary most
House expenses, appraisals, tax work, and any family or creditor disputes.
The fee is based on the value of the probate estate shown on the inventory, including a house in the person’s name alone, whether it is sold or transferred. Property that passes outside probate, such as a beneficiary deed or a payable on death account, is generally not part of it. See probate property.
Jones Elder Law handles Missouri probate for families in St. Charles County, St. Louis County, and the Metro East.
Missouri’s fee schedule
How are Missouri probate attorney fees calculated?
Missouri law sets one minimum fee schedule that applies to both the attorney and the Personal Representative. In most estates, both receive the same fee. The scale starts at 5% and drops to 2% as the estate’s value rises.
In most estates the court is not involved in the fee at all. Court approval is needed only to receive more than the statutory amount, such as for a lawsuit or other extra work. When the same person or firm serves as both Personal Representative and attorney, Missouri allows only one fee. With Jones Elder Law, nothing is due up front. We take the first half of our fee once the court issues letters and the Personal Representative has access to estate funds.
An example: a $300,000 Missouri estate
- The house: $140,000
- Bank and investment accounts: $160,000
- Probate estate on the inventory: $300,000
- Minimum attorney fee: $8,800
- Minimum Personal Representative fee, from the same schedule: $8,800
How the $8,800 is figured: 5% of the first $5,000 ($250), 4% of the next $20,000 ($800), 3% of the next $75,000 ($2,250), and 2.75% of the next $200,000 ($5,500). That is about 2.9% of the estate. This example is an illustration only. Every estate is different.
Want a dollar estimate for your family’s estate? Call and we will walk you through it.
Call 636.493.3333What the fee pays for
What does the probate fee actually pay for?
More than filing forms. It pays for a guide through every step. Most Personal Representatives have never done this before. They are grieving, busy, and often dealing with family members who each have their own ideas about how things should go.
We guide the Personal Representative through each decision, so the estate avoids the mistakes that cause delay and extra cost. We also help them keep the family informed, because clear updates answer questions before they turn into suspicion.
Costly mistake
Paying heirs too early
Money handed out before debts are settled may have to be paid back, sometimes by the Personal Representative personally.
Costly mistake
Paying bills in the wrong order
Missouri sets the order. Paying the loudest creditor first can leave the estate short for debts that rank higher.
Costly mistake
Missing a deadline
Missed filing and claim deadlines can cost the family property or add months to the estate.
Costly mistake
An uninsured empty house
One burst pipe or break-in in an empty, uninsured house can wipe out a large share of the estate.
Costly mistake
Mixing estate money
Estate money in a personal account makes the accounting hard to prove and invites accusations.
Costly mistake
Promises the family cannot keep
A promised closing date or a promised keepsake that cannot happen is how many family fights begin.
The attorney’s fee comes from the same statutory schedule as the Personal Representative’s. What changes with the right guide is how smoothly the estate moves, how well the family gets along along the way, and whether the person in charge ever has to wonder if they are doing it right.
Beyond the fees
What other costs does a Missouri estate pay?
A reliable estimate lists each kind of cost and the facts that can change it. These are the six categories that make up most estates.
Legal work
Attorney fees
The statutory minimum, plus any extra the court approves for unusual work.
The person in charge
Personal Representative fees
Set by the will or by the same statutory scale as the attorney. Many family members choose to waive it.
The court
Court and notice costs
The opening filing fee, the published notice, the inventory filing fee, and certified copies. These vary by county.
Professionals
Bond, appraisals, and taxes
A bond premium, appraisals, and an accountant for tax returns when needed.
The property
Carrying costs
Insurance, the mortgage, taxes, utilities, and repairs while the estate is open. A house full of decades of belongings often needs a significant cleanout before it can be sold. See the house during probate.
Problems
Disputes and delay
Will contests, creditor fights, missing property, and family conflict add work. See preventing family problems.
The probate timeline
How long does probate take in Missouri?
Opening the estate usually takes about a month. The creditor period then runs six months and ten days. With no house to sell and everyone in agreement, the fastest an estate can close is about eight months. About twelve months is more typical.
- 1
About month 1
Open the estate
File the will and petition, appoint the Personal Representative, and get letters.
- 2
Months 1 to 2
Notice and inventory
Publish the notice to creditors, list the property, and file the inventory.
- 3
Through about month 7
Property and claims
Protect and sell property, collect money, and review creditor claims.
- 4
After the claim period
Taxes and accounting
Pay valid claims, file tax returns, and prepare the final accounting.
- 5
About 8 to 12 months
Distribute and close
Pay the heirs, file the closing papers, and close the estate.
Six months is the deadline for creditors, not the closing date. See Missouri probate deadlines and delays.
What slows probate down
What makes probate take longer in Missouri?
An estate does not move faster because the family calls it simple. Each of these adds real work that has to be finished before the estate can close.
Real estate
A house has to be sold
A house full of decades of belongings often has to be cleaned out before it can be listed. Then repairs, listing, offers, liens, and closing all add steps.
Paperwork
Records are missing
Accounts, tax returns, and proof of expenses have to be found or rebuilt.
Creditors
Claims are disputed
An objection, a negotiation, or a court decision may be needed. See creditor claims.
Taxes
Tax returns are behind
If past years were never filed, the estate may file two or three returns for the person who died. Waiting for the IRS to process each one and send the refunds can add many months.
Family
The family disagrees
Fights over control, property, or a sale can stop progress.
Cash
The estate is short on cash
Property may need to be sold before debts and expenses can be paid.
Is the estate already stuck? Call to find out what is holding it up.
Call 636.493.3333Get a useful estimate
How can a family keep probate costs down?
The best estimate starts with the facts. The best way to control cost is to start early and keep good records. See what to do first after someone dies.
Bring these for an estimate
- The original will and the date of death
- A list of probate property and rough values
- Recorded deeds and mortgage balances
- Known debts, claims, and tax issues
- Who expects to serve as Personal Representative
- Any family disagreement or court filing already made
Ways families save time and money
- Open probate early. The six month clock starts sooner.
- Choose a reliable Personal Representative. See choosing a Personal Representative.
- Keep every record. Receipts and statements make the accounting fast.
- Protect the property. Damage and lapsed insurance cost far more later.
- Do not hand out money early. Early payments can have to be paid back.
- Settle small disagreements quickly. Disputes are the biggest cost driver.
The Probate Resolution Program™
How does Jones Elder Law keep probate moving and the cost clear?
We help you gather the right information and file the right papers quickly. Then we guide you through each step of the court process, so you know what is next and why.
- 1
Step one
Open quickly
We usually file within a week to ten days, so the six month clock starts sooner.
- 2
Step two
Notice and inventory
We publish the notice to creditors and prepare the inventory for the Personal Representative to sign.
- 3
Step three
Property and claims
We help with the property and send each claim to the Personal Representative for review.
- 4
Step four
Accounting
We track the required tax returns and prepare the final accounting.
- 5
Step five
Distribute and close
We prepare the papers to pay the heirs and close the estate.
We explain each step as it comes and guide you through the court process, so the estate is settled as quickly as possible and you never have to wonder whether you are doing it right.
Request a probate consultationWhy families call us
Why hire a probate attorney if the estate pays the fee?
Missouri requires a lawyer to handle probate in court. Because the fee follows the statutory schedule and comes from the estate, the question is not whether to pay a lawyer. It is which lawyer will move the estate forward.
The fee
Set by Missouri law
Our fee comes from the same statutory schedule as the Personal Representative's and is paid from the estate, with nothing due up front. It covers a guide through every step, not just the filings.
A quick start
Filed in about a week
We usually file within a week to ten days, which starts the six month clock sooner.
Clarity
A clear estimate
We separate the legal fees from the estate’s other costs, so nothing is a surprise.
No courtroom
Most families never go to court
Most estates have no hearings at all. If the court schedules one, your attorney handles it.
Protection
Less personal risk
We help the Personal Representative avoid mistakes that could make them personally responsible.
The first call
An attorney, not a call center
Rosalind M. Robertson returns your call. When she believes we can help, she will offer a complimentary Vision Meeting.
Questions families ask
Questions about Missouri probate costs and time
Are Missouri probate attorney fees a percentage of the estate?
Yes. Missouri sets minimum fees on a sliding scale from 5% down to 2%, based on the value of the probate estate shown on the inventory. The attorney and the Personal Representative are paid from the same schedule, so in most estates they receive the same fee. On a $300,000 probate estate, that minimum is $8,800 each.
Who pays the probate attorney?
The estate does, not the family's own savings. With Jones Elder Law, nothing is due up front. We take the first half of our fee once the court issues letters and the Personal Representative has access to estate funds.
Does the Personal Representative get paid too?
Yes, unless the will says otherwise or the Personal Representative waives it. The fee comes from the same schedule as the attorney's, so in most estates the two are the same. The court can reduce it if duties are not done.
Should a family member take the Personal Representative fee?
It depends. The Personal Representative fee is taxable income, while an inheritance generally is not. When the Personal Representative is also an heir, waiving the fee and taking the full inheritance can leave them with more after taxes. It is worth reviewing before the estate closes.
Is every asset counted in the fee?
No. Property that passes outside probate, such as a beneficiary deed, a payable on death account, or life insurance with a named beneficiary, is generally not counted.
How long does probate take in Missouri?
With no house to sell and everyone in agreement, the fastest is about eight months: about a month to open the estate, then six months and ten days for creditors, then final steps. About twelve months is more typical. A house sale, late tax returns, or a family disagreement can add more.
Can probate close right after six months?
Not automatically. Valid claims, expenses, taxes, the accounting, and the distribution must all be finished first.
Will we have to go to court?
Most families never do. Most estates have no hearings at all. If the court schedules one, your attorney handles it.
How can a family make probate cheaper and faster?
Open probate early, keep every record, protect the property, do not hand out money too soon, and settle small disagreements before they grow.
Request a probate consultation
Get a fee and timeline estimate for your family's estate.
Tell us the date of death, roughly what the estate owns, any known problems, and whether a probate case has been opened. An attorney will review what you send and call you about the next step.
We aim to respond within one business day. If the one year deadline is close or estate property is at risk, please call 636.493.3333 instead.