Learn about Missouri probate deadlines, including how long you have to open an estate after someone passes away. Understand your right and time limits for filing probate in St. Louis, MO.

When a loved one passes away, handling their affairs can feel overwhelming. One of the biggest questions families’ faces is: “Is there a time limit on when a proceeding may be filed in probate?” If you’re in St. Louis, MO, understanding the probate time limits is crucial. Failing to file within the proper window can cause legal complications and may even prevent you from settling the estate properly. Let’s break down what Missouri Law says about probate deadlines.

How Long Do You Have to File Probate in Missouri?

Under Missouri Law, you have one year from the date of death to file certain probate case including: Application to Probate a Will and Petition for Letters of Administration (independent or supervised).

➞ If your deceased family member (domiciled in Missouri) had a last Will and Testament, you must present and admit the original Will to the proper Missouri Probate Court within one year of the decedent’s date-of death, with a few very limited exceptions.

➞ If no Petition for Letters is filed within one year of the decedent’s date of death, a full formal probate estate cannot be opened, unless it falls under the loss chance of survival exception.

Under Missouri Law, if more than one year from the date of death has passed, you are only able to file the following probate types (if applicable):

• Spousal Refusal of Letters.
• Small Estate Affidavit (assets less than $40,000).
• Determination of Heirship (assets over $40,000).

Why the One-Year Time Limit Matters

Missing the deadline to file for probate can result in several significant consequences. You may lose the right to enforce the will, the ability to be reimbursed for funeral expenses and attorney’s fees, and the right to enforce any claim or debt against the estate. Additionally, you may be limited to only transferring, rather than liquidating personal property or real estate.

Are there Exceptions to the Probate Filing Deadlines?

There are limited exceptions, for instance:

• There are a few very limited exceptions to admitting a Will after one year from the date of death (See Missouri Revised Statute 473.050).
• For creditors, the window to file a claim against an open probate estate is typically six months from the first date of publication of the notice of letters or within 1 year from the date of death, whichever comes first. If no estate is opened within one year, then no valid claims can be files against an estate.

It’s always best to consult with a St. Louis probate attorney as soon as possible to determine your options.

How a Probate Attorney Can Help

If you’re unsure whether you still have time to file probate or need help determining what type of proceeding is appropriate, a probate attorney can guide. You through the process. At Fritz Law LLC we help families in St. Louis and across Missouri navigate the probate process with confidence. We’ll ensure deadlines are met and the estate is handled properly.

If you’ve recently lost a loved one and aren’t sure if probate is still an option, don’t delay. Contact us today!