What to do first after a death in Missouri
Someone has died. Protect the estate before you make the next decision.
The first job is not to divide property or pay every bill. It is to protect the home, the cars, the records, and everything else while the family learns who has legal authority and whether Missouri probate is needed.
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.
You do not need every answer before you call. Bring the facts you have, and we will help you sort out the next step.
The short answer
What should you do first after someone dies in Missouri?
Protect the property first. Secure the house and cars, keep the insurance in force, find the original will, and order certified death certificates. Do not pay debts, give away belongings, or sign anything for the estate until the probate court appoints a Personal Representative and issues Letters.
If the person owned property in their name alone with no beneficiary, Missouri probate is usually needed. The will generally must be filed within one year after the death.
Jones Elder Law handles Missouri probate for families in St. Charles County, St. Louis County, and the Metro East. Most of the families we help never have to go to court.
A checklist for the first weeks
What needs to happen in the first week, the first month, and before anything is paid?
Funeral plans and family needs come first. These steps protect the estate while you take care of everything else.
Week 1
The first days
- Secure the house, cars, and valuables
- Keep home and car insurance in force
- Order several certified death certificates
- Find the original will and any trust papers
- Start a record of every expense and who paid it
Month 1
The first weeks
- Confirm Social Security has been told of the death. The funeral home usually reports it.
- Forward the mail and watch for statements and bills
- Contact life insurance companies and retirement plans. Named beneficiaries can usually claim these without probate.
- Make a simple list of property and debts
- Talk with a probate attorney about whether probate is needed
Wait
Until the court issues Letters
- Paying the person’s debts, especially with your own money
- Giving away belongings or money
- Selling, renting, or signing over the house
- Using the person’s cards, checks, or power of attorney
Avoid costly mistakes
What mistakes should you avoid after someone dies?
Having the keys is not legal authority. Being named in the will is not legal authority yet either. Keep everything as it is until the court appoints a Personal Representative.
To learn how Missouri ranks estate debts, see estate debts and creditor claims. If the house is part of the estate, see the house during Missouri probate.
Ends at death
Using a power of attorney
A power of attorney stops working when the person dies. Do not use it to take out money, sign a deed, or handle the estate.
Creates disputes
Using bank cards or checks
Do not withdraw money or sign the person’s name. These steps can start family disputes and make the estate accounting harder.
Hard to undo
Dividing belongings
Keep furniture, jewelry, tools, and cars together. Once property leaves the house, it can be hard to get back or divide fairly.
Can cost you personally
Paying every bill
Missouri law sets a priority order for paying estate debts. Paying a lower priority bill early can leave too little for debts the law says must be paid first.
Can stall a sale
Listing or signing over the house
A contract signed by someone without authority may not hold up and can delay the sale for months.
Can hide assets
Throwing away papers
Keep tax returns, statements, deeds, titles, policies, and unopened mail. They may be the only way to find property and debts.
Already made one of these mistakes, or about to? Talk with an attorney before it gets harder to fix.
Call 636.493.3333Find the important papers
Where do you find the will and other important papers?
The original will matters, so look for it before relying on a copy. Trust papers and beneficiary records may also show that some property passes outside of probate.
If you cannot find the original, or the will is unclear, see no will, a missing will, or a confusing will.
What to look for
- The original will. Check the home, a safe, a safe deposit box, and the office of the lawyer who wrote it.
- A trust and any amendments, which show who the trustee is and what the trust owns.
- Deeds and car titles, which show whether the court needs to transfer them.
- Beneficiary records for life insurance, retirement accounts, and annuities.
- Recent bank and investment statements. Check whose names appear on each account and whether it says “POD” (payable on death) or “TOD” (transfer on death). That is not the final word, but it is an early clue that the account may pass straight to a named person without probate.
How to protect what you find
- Keep all original papers together in one safe place.
- Never write on an original. Make notes on a separate sheet.
- Do not throw away old statements or unopened mail.
Missing papers are normal. Bring what you have, and we will help you find the rest.
Does the property need probate?
Does the estate need to go through probate in Missouri?
Many families believe that having a will keeps an estate out of probate. It does not. A will is a set of instructions for the probate court. It tells the court who should receive the property and who should be in charge, but it cannot transfer anything by itself. Property in the person’s name alone, with no surviving owner or beneficiary, still has to go through probate before it can reach the people named in the will. Property with a living beneficiary or a surviving joint owner usually passes without probate.
For a fuller list, see probate property and property that passes without probate.
Property that often needs probate
- A house or land in the person’s name alone
- A bank or investment account with no surviving owner or beneficiary
- A car titled in the person’s name alone
- A business interest, refund, or legal claim payable to the estate
Property that may pass without probate
- Property owned by a trust
- Life insurance or retirement accounts with a living beneficiary
- Accounts with a valid payable on death or transfer on death beneficiary
- Property owned jointly with survivorship rights, or real estate with a valid beneficiary deed
Not sure which list your family’s property belongs on? That is one of the first things we sort out with you.
Missouri probate deadlines
How long do you have to start probate in Missouri?
Missouri generally requires the will to be filed and probate opened within one year after the death. Waiting that long is risky. An empty house, a mortgage, a business, or a family disagreement can all call for earlier action.
If time has already passed, see Missouri probate deadlines and delays.
Once probate starts, here is how it usually flows.
- 1
The first days
Protect the property
Secure the house, cars, and mail. Find the original will. Keep the insurance in force.
- 2
Probate opens
The court issues Letters
Letters are what let the Personal Representative open an estate account, collect accounts, and pay bills.
- 3
Notice is published
Creditors get six months
Most creditors must file claims within six months after the first published notice.
- 4
One year after death
The deadline families miss
This is generally the last day to file the will and open probate. Most creditor claims also end here.
- 5
Closing
Distribution and discharge
The court approves the closing, heirs receive their shares, and the Personal Representative is released.
The sooner probate starts, the sooner the family has authority to act. If the house is empty, a creditor is pressing, or months have already passed, call now.
Call 636.493.3333Why families call us in the first weeks
How does a probate attorney make this easier?
Missouri requires a lawyer to handle probate in court. The right firm also takes the paperwork, deadlines, and worry off your family’s shoulders.
No courtroom
Most families never go to court
In a typical estate, no one appears in court. If a hearing is ever needed, your attorney handles it.
Out of state
Help from wherever you live
We work with Personal Representatives in other states by phone, email, and Zoom.
A quick start
Moving within days
Once we have what we need, we usually file within a week to ten days.
Illinois property
Land across the river, handled
If the estate owns property in Illinois, we handle the Illinois ancillary probate too.
The fee
Paid by the estate
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.
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 in the first days after a death
What should I do first when someone dies in Missouri?
Protect the property, keep the insurance in force, find the original will, and order certified death certificates. Do not pay debts, give away belongings, or sign anything for the estate until the court issues Letters to a Personal Representative.
Can the person named in the will act right away?
No. The will names a Personal Representative, but the probate court must appoint that person and issue Letters first. Until then, the person named should protect the property and gather information, but should not sell, transfer, or hand out anything.
Can we still use the power of attorney?
No. A financial power of attorney ends when the person dies. Do not use it to reach accounts, transfer property, or act for the estate.
Do I need to tell Social Security about the death?
Yes, Social Security needs to know. The funeral home usually reports the death, but it is worth confirming. A Social Security payment received for the month of death usually has to be returned.
Who pays for the funeral?
Often a family member pays at first. Reasonable funeral expenses are among the first debts a Missouri estate can repay, so keep every receipt.
Should we pay the person’s other bills?
Not yet. Do not promise to pay debts yourself, and do not pay every bill that arrives. Missouri sets the order for paying estate debts, and some claims may be invalid or filed too late.
Does a will avoid probate?
No. A will is a set of instructions for the probate court. It tells the court who should receive the property and who should serve as Personal Representative, but it cannot transfer anything by itself. Property in the person’s name alone still has to go through probate.
What if we cannot find the original will?
Search the home, any safe or safe deposit box, and the office of the lawyer who wrote it. A copy can help show the plan, but it does not automatically take the place of the original. A missing original raises legal questions that should be handled promptly.
Will I have to go to court?
Usually not. Most probate estates have no hearings at all. Once in a while the court does schedule one, and when that happens, your attorney handles it. These hearings are often held by video, so if the court needs to hear from you, you can usually join from home.
Request a probate consultation
Find out what your family should do now.
Tell us who died, when, and what property or problems you know about. You do not need to understand probate first. An attorney will review what you send and call you about the next step.
We aim to respond within one business day. If the house is empty or a creditor is pressing, please call 636.493.3333 instead.