When a loved one passes away in Missouri, you may find yourself facing the daunting task of handling their estate. If they owned assets solely in their name, probate — the legal process of settling their estate —will likely be necessary. This guide explains how to initiate probate in St. Louis County and what to expect at each step.

What is Probate?

Probate is the legal process which involves validating the will, if one exists, and authorizing a person to administer the estate’s assets. The process also includes identifying and evaluating all personal and real property, handling all valid claims and taxes, as well distributing the remaining assets to the heirs or beneficiaries. If there is no Will, Missouri’s intestacy laws will determine who inherits.

Step-by-step: Initiating Probate in St. Louis County, Missouri.

1. Determine Whether Probate is Necessary

In Missouri, probate is typically required if the deceased person owned assets in their name alone. However, non-probate assets like joint accounts, payable on-death designations, or property held in trusts are not subject to probate.

2. Identified the Right Probate Process

Missouri offers several types of probate proceedings, depending on the amount of assets and when the Decedent died:

• Application to Probate Will (admitting Will to probate).
• Small Estate Affidavit (estates under $40,000).
• Independent administration (less court supervision – probate within one year of death).
• Supervised Administration (court oversight required – probate within one year of death).
• Determination of Heirship (estates over $40,000 – probate more than one year from death).
• Refusal of Letters  (for surviving spouses or minor heirs when the estate is smaller).

 Your Probate attorney can advise which route is best for your situation.

3. Gather the Required Documents

To start Probate in St. Louis County, you’ll need:

• Original Will and any codicils.
• Death certificate (multiple certified copies).
• Verification of Assets (bank statements, deeds, titles).
• Initial Court Documents.

4. File the Probate Initiating Document with the Probate Court

Work with your probate attorney to file the appropriate probate proceeding. After filing, the court may schedule a hearing, depending on the best probate option to choose.

5. Inventory and Manage Estate Assets

The personal representative, petitioner or affiant must create a detailed inventory of all estate assets such as: bank accounts, real estate, personal property, vehicles, stocks or investments. Assets must be preserved and managed prudently until distribution.

6. Pay Debts and Taxes

Before distributing inheritance, depending on the primary type, the estate may have to: pay valid creditor claims filed with the court, settle outstanding debts, file and pay any required state or income taxes.

7. Distribute Remaining Assets

Once valid debts/claims are paid and court approval is obtained (if required), the remaining assets can be distributed to the rightful heirs or beneficiaries according to the will or Missouri law.

How Long Does Probate take in Missouri? (St. Louis County)

The timeline varies depending on estate type and complexity.

• Refusal of Letters – 30 to 60 days.
• Small Estate Affidavit – 60 to 90 days.
• Determination of Heirship – 3 to 4 months.
• Independent Administration – 8 to 12 months.
• Supervised Administration – 10 to 14 months.

Why You Should Work with a St. Louis Probate Attorney?

Navigating probate alone can be overwhelming. A local probate attorney will: help you choose the right probate path, ensure court filings are timely and accurate, minimize delays and legal disputes, protect your rights as an executor or heir. At Fritz Law LLC, we guide families through every stage of the probate process with compassion and clarity.

Start the Probate Process with Confidence

If you’re asking, “How do I start Probate in St. Louis County?”, you are already on the right path. Our team at Fritz Law LLC is here to help you start probate smoothly and avoid costly missteps.