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Losing a loved one is one of life’s most difficult experiences. Dealing with their estate adds more stress to your plate. In Missouri, as in many states, this legal process is known as probate. This is where a Probate lawyer helps. Probate is how the court ensures that a deceased person’s will is valid, their debts are settled, and their assets are distributed properly.
Unfortunately, probate can be confusing, time-consuming, filled with paperwork and deadlines. According to FindLaw, the average probate case can take 4 to 24 months, depending on complexity. That’s why working with a probate lawyer is often the most practical way to ensure things go smoothly—especially in Kansas City or Independence, MO, where local court systems and procedures apply.
Probate is generally required when:
Missouri does offer a simplified process for smaller estates via a Small Estate Affidavit, but it still requires court approval and proper documentation.
The lawyer files the necessary paperwork with the local probate court, such as:
This filing officially opens the estate and begins the legal process. In Jackson County, this is typically done through the Jackson County Probate Division.
In Missouri, notice must be sent to all heirs within 20 days of the personal representative’s appointment (Missouri Revised Statutes §473.033). The lawyer ensures that everyone entitled to notice receives it, and that it is done legally.
Missouri does not have a state estate tax, but the federal estate tax applies for estates over $13.61 million in 2025, according to the IRS.
Working with a local probate lawyer means working with someone who knows the ins and outs of:
According to the National Center for State Courts, probate cases with legal representation resolve 30–40% faster than those filed by individuals without legal guidance.
Tensions often rise over inheritances. A neutral legal professional can help reduce emotional decisions and clarify legal responsibilities.
Probate has rigid deadlines. Miss one, and the entire process could be delayed or penalties assessed.
If the decedent owned property in other states, a second “ancillary” probate may be needed. Your lawyer can coordinate with attorneys in those states to streamline the process.
Your lawyer can help you avoid probate altogether for future planning using tools like:
Each strategy depends on your unique situation and requires legal setup.
Q: How long does probate take in Missouri?
A: It depends on the estate, but most take 6–12 months, with more complex estates extending beyond 18 months.
Q: What happens if someone dies without a will?
A: Missouri’s intestacy laws will determine who inherits, starting with the closest family members such as spouses, children, or parents.
Q: Is probate always required?
A: Not always. If the estate is worth less than $40,000 or assets were properly titled (e.g., through a trust or TOD deed), probate might be avoided.
Q: How much does a probate lawyer cost?
A: Costs vary, but many attorneys offer flat-fee packages for standard probate or hourly rates for more complex estates.
Probate can feel like a maze. But you don’t have to walk through it alone. Whether you’re an executor, administrator, or family member, experienced legal support makes the journey faster, clearer, and less stressful.
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