Important Deadlines in Missouri Probate (and What They Mean)
Thu 28 Aug, by Ingrid Cruz on Probate

Missouri probate runs on deadlines. Missing one can limit your options—or close the door entirely. Below is a plain-English guide to the key timelines, what triggers them, and how they affect your next steps.
For informational purposes only; not legal advice. Consult an attorney about your specific situation.
1) Presenting a Will to the Court
- If letters have already been published: a will must be presented within 6 months after the first publication of notice of letters (or within 30 days after a will contest/establishment action begins—whichever is later). (§ 473.050.3(1) RSMo). (Missouri Revisor of Statutes)
- If letters haven’t been published: a will must be presented within 1 year of death. (§ 473.050.3(2) RSMo). (Missouri Revisor of Statutes)
- A will not presented on time is “forever barred” from admission in Missouri. (§ 473.050.5 RSMo). (Missouri Revisor of Statutes)
Practical pointer: Courts expect basic info with the application to probate a will (name, date of death, witnesses, etc.).
2) Opening a Full Estate (Letters Testamentary/Administration)
- One-year filing window: As a rule, no letters of administration are issued unless the application is made within 1 year of death. (§ 473.050.6 RSMo). (Missouri Revisor of Statutes). There is a very limited exception here for loss of chance of survival actions.
- If 20 days pass and a priority person hasn’t applied, any interested person may petition to open the estate. (§ 473.020.1 RSMo). (Missouri Revisor of Statutes)
Why it matters: Waiting beyond a year usually takes full administration off the table and pushes you to alternate procedures.
3) Creditor Claims Against the Estate
- 6-month “nonclaim” period: Most claims must be filed within 6 months after the first publication of notice of letters (or within 2 months after the creditor is mailed/served that notice, whichever is later). (§§ 473.360.1, 473.033 RSMo). (Missouri Revisor of Statutes)
- Absolute 1-year bar: Regardless of publication or notice, all claims (with statutory exceptions) are forever barred 1 year after death. (§ 473.444 RSMo). (Missouri Revisor of Statutes)
Tip: Publication of the notice of letters is handled by the clerk and must run for four consecutive weeks. (§ 473.033 RSMo). (Missouri Revisor of Statutes)
4) Inventory Deadline
- The personal representative must file an inventory within 30 days after letters are granted, unless the court grants more time. (§ 473.233.1 RSMo) (Missouri Revisor of Statutes)
Inventory = a written list of everything the decedent owned (with classifications, liens, etc.). (§ 473.233 RSMo). (Missouri Revisor of Statutes)
5) Small Estate Affidavit (≤ $40,000)
- You must wait 30 days after death to file, and the entire estate (less liens/debts) must not exceed $40,000. (§ 473.097.1–2 RSMo). (Missouri Revisor of Statutes)
- If the property listed is over $15,000, the clerk must publish a two-week creditor notice. (§ 473.097.5 RSMo). (Missouri Revisor of Statutes)
6) Refusal of Letters (Surviving Spouse/Minor Children; Certain Creditors)
- Available “at any time” (not limited by the one-year filing window), if the estate is not greater than the exempt property and statutory allowances for a spouse or unmarried minor children; or, for small personal property estates with no spouse/minor children, to certain creditors (bond conditions apply). (§ 473.090 RSMo). (Missouri Revisor of Statutes)
7) Determination of Heirship (When No Full Estate Was Opened)
- If no administration was commenced within 1 year of death and no will was presented in time, an interested party may petition the probate court to determine the heirs and their interests. (§ 473.663 RSMo). (Missouri Revisor of Statutes)
Quick Missouri Probate Deadline Checklist
- Will presentment: 6 months after first publication of letters (or 30 days after a contest begins, whichever is later), or 1 year from death if there was no publication. (§ 473.050). (Missouri Revisor of Statutes)
- Apply for letters: Within 1 year of death. (§ 473.050.6). (Missouri Revisor of Statutes)
- Inventory: Within 30 days after letters (unless court extends). (§ 473.233). (Missouri Revisor of Statutes)
- Creditor claims: 6 months from first publication (or 2 months from mailed notice, whichever later). (§§ 473.360, 473.033). (Missouri Revisor of Statutes)
- Absolute bar: 1 year from death. (§ 473.444). (Missouri Revisor of Statutes)
- Small estate affidavit: Wait 30 days; cap $40,000; publication required if property > $15,000. (§ 473.097). (Missouri Revisor of Statutes)
- Refusal of Letters: Available anytime if eligibility met. (§ 473.090). (Missouri Revisor of Statutes)
- Determination of Heirship: After 1 year with no administration and no timely-presented will. (§ 473.663). (Missouri Revisor of Statutes)
Why Missing Deadlines Hurts
Missed timelines can mean losing the ability to admit a will, open a full estate, or enforce claims—often leading to costlier, slower alternatives.
Summary & Next Steps
- Act early. Mark the 1-year outer limit to open a full estate and the 6-month claim window triggered by publication. (§§ 473.050, 473.360, 473.033, 473.444). (Missouri Revisor of Statutes)
- Choose the right path. If the estate is small or the year has passed, consider Small Estate Affidavit, Refusal of Letters, or Determination of Heirship—each has its own timing rules. (§§ 473.097, 473.090, 473.663). (Missouri Revisor of Statutes)
- Stay organized. Gather documents and file the inventory within 30 days of appointment. (§ 473.233). (Missouri Revisor of Statutes)
Have questions about a deadline? Contact Fritz Law LLC for a focused timeline review and a step-by-step filing plan tailored to your Missouri probate matter.
