Probate and Estate Administration in Missouri and Kansas
Guiding Families Through the Probate Process — Liberty, MO Probate Attorney Licensed in Missouri and Kansas
When someone dies, their estate often needs to go through a court-supervised process before assets can be transferred to beneficiaries. In Missouri, this process is called probate — or more precisely, estate administration. It can feel overwhelming, particularly when you are grieving and unfamiliar with legal procedures. Our job is to guide you through it efficiently and with as little stress as possible.
At Fulkerson Estate Planning & Elder Law LLC, we handle probate and estate administration matters for families throughout both Missouri and Kansas.
What Is Probate
Probate is the court-supervised process of settling a deceased person's estate. It involves identifying and inventorying assets, notifying creditors, paying debts, filing a final tax return if necessary, and ultimately distributing what remains to the beneficiaries named in the will — or, if there is no will, to the heirs determined by Missouri or Kansas law.
Not all assets go through probate. Assets held in a trust, assets with named beneficiaries such as life insurance and retirement accounts, and assets held in joint tenancy typically pass outside of probate. Probate applies to assets titled in the deceased person's name alone with no designated beneficiary.
Independent Administration. Missouri allows most estates to be administered through independent administration, which is a streamlined process that requires less ongoing court supervision than traditional supervised probate. Most of our probate matters proceed through independent administration, which saves time and cost for the estate.
Supervised Administration. In some circumstances — such as when there are disputes among beneficiaries or creditors, or when the court requires closer oversight — supervised administration may be necessary. We handle both.
Small Estate Affidavit. When the value of the probate estate is below a certain threshold, Missouri law allows heirs to collect assets using a simple affidavit rather than opening a full probate proceeding. This is a faster and less expensive alternative when it applies.
Spousal Refusal of Letters. When a spouse dies, Missouri law gives the surviving spouse the right to refuse to serve as personal representative and instead claim their statutory share of the estate. This can simplify administration in certain circumstances.
How It Works
Every estate is different, but a typical Missouri independent administration follows this general sequence:
Filing the Petition. We prepare and file a petition with the probate division of the circuit court in the county where the deceased resided. The court appoints a personal representative — typically the person named in the will — and issues Letters Testamentary, which give the personal representative the legal authority to act on behalf of the estate.
Notifying Creditors. Missouri law requires publication of a notice to creditors in a local newspaper. Creditors then have a set period to file claims against the estate. We handle the publication and creditor notification process.
Inventorying Assets. The personal representative is responsible for identifying and valuing all probate assets. We help prepare the inventory and navigate any appraisal requirements.
Paying Debts and Expenses. Valid creditor claims, funeral expenses, court costs, and attorney fees are paid from estate assets before distribution to beneficiaries.
Distributing Assets. Once debts and expenses are paid, remaining assets are distributed to beneficiaries according to the will or, if there is no will, according to Missouri's intestacy laws.
Closing the Estate. We prepare the final accounting and closing documents required by the court to formally close the estate.
A typical Missouri independent administration takes approximately nine to twelve months from opening to closing, though complex estates or those with disputes may take longer.
Attorney Fees
Missouri sets attorney fees for probate by statute under RSMo § 473.153. The fee is calculated as a percentage of the gross probate estate — meaning the total value of assets subject to probate before debts are deducted.
Statutory Fee Schedule — RSMo § 473.153
Example: For a $250,000 probate estate, the statutory attorney fee would be $7,425.
The personal representative is entitled to the same statutory fee independently. Family members who serve as personal representative often choose to waive their fee, but they are not required to do so.
Statutory fees cover the standard work of administering the estate. Extraordinary services — such as litigation, resolving disputed claims, or selling real estate under court order — may justify additional fees approved by the court.
We also offer flat-fee arrangements for certain probate matters where the scope of work is well-defined. We will discuss fee options with you at the outset so you understand what to expect before we begin.
Ready to Get Started?
Losing a loved one is difficult enough without the added burden of navigating an unfamiliar legal process alone. We are here to handle the legal work so you can focus on what matters. Contact us to schedule a consultation.