Missouri Executor Checklist: What to Do and When

Being named executor in a Missouri will is an honor until you realize what it actually involves. Suddenly you are the one fielding calls from creditors, trying to locate a deed, figuring out which accounts need court authorization to access, and reading probate statutes at midnight. Most people have never done this before. There is no training for it. And yet the law holds you to a fiduciary standard — meaning if you make the wrong call, you can be personally liable for the consequences.

This checklist gives you the sequence that matters. Missouri probate has real deadlines and a real priority order for paying debts. Getting either wrong has consequences you cannot undo.

A quick terminology note before we start: if there is a will, the person named to manage the estate is an executor (also called a personal representative in Missouri courts). If there is no will, the court appoints an administrator — but the job is largely the same. This checklist applies to both.

Before You Do Anything Else: Immediate Steps

The first 48 hours after a death involve tasks that cannot wait.

Secure the property. If the decedent lived alone, the residence needs to be physically secured. Change the locks if necessary, or ensure a trusted family member has the only key. Theft from estates — including by family members — is more common than most people expect, and as executor, you are responsible for the estate's assets from the moment you take on the role.

Get death certificates — more than you think. Order at least 10 to 15 certified copies from the Missouri Department of Health and Senior Services using Form VS-151BD. The first copy costs $14, and each additional copy ordered simultaneously costs $11. You need separate originals for the probate court, every bank and brokerage holding accounts, the Department of Revenue for vehicles, Social Security, every pension or retirement account, insurance companies, and any real estate with a title to transfer. Order too few and you will pay more to reorder later. You will also delay every step that requires presenting a death certificate.

Locate the will. Check the decedent's home files, any safe deposit box, and with their attorney. Missouri requires the will to be filed with the Probate Division of the Circuit Court in the county where the decedent was domiciled. Even if you are not opening full probate, the will must be filed — there is no legal option to just keep it in a drawer.

Notify immediate family. Let people know what is happening and, critically, who is in charge. This is also the time to ask family members not to remove anything from the residence until you have done a proper inventory.

If you are an out-of-state executor, contact the Probate Division early. Urban courts in Missouri — particularly Jackson County, St. Louis County, and St. Louis City — may require you to designate a Missouri resident as an agent for service of process. This is something to resolve before filing, not after.

The First 30 Days: Assessing the Estate

The first month is about understanding what you are working with before making any decisions or payments.

Separate probate from non-probate assets. Jointly titled property, accounts with payable-on-death designations, beneficiary-designated retirement accounts, and life insurance with named beneficiaries all pass outside probate entirely. They are not yours to administer as executor — those assets go directly to the named beneficiaries. Make a list of both categories. Probate assets are what you actually manage; non-probate assets just need the institution notified and beneficiary claims filed.

Determine which probate track applies. Missouri has three main options:

• Small estate affidavit (RSMo 473.097): Available if the net probate estate is $40,000 or less, at least 30 days have passed since death, and no formal probate has been opened. No court appointment needed; the affidavit allows direct collection of assets. Bond is still typically required.
• Independent administration: Less court supervision. The personal representative files an inventory, publishes creditor notice, and makes distributions without court approval at each step. Requires either the will to authorize it or all heirs to agree.
• Supervised administration: Full court oversight. Every significant action requires court approval. Required when heirs cannot agree, heirs are minors, or there are complex creditor disputes.

Notify benefit agencies. If the decedent was a public employee or retiree, contact the relevant pension administrator immediately. Missouri has several: MOSERS (Missouri State Employees' Retirement System), PSRS (Public School Retirement System), PEERS (Public Education Employee Retirement System), and LAGERS (Local Government Employees Retirement System). Each has its own survivor benefit claim process. These are not probate assets — they pass to named beneficiaries — but the agencies need prompt notification to stop pension payments and initiate survivor claims.

Handle vehicle titles within 30 days. Missouri's DOR assesses a $25-per-month late title penalty capped at $200 for titles not transferred within 30 days. Use Form 108 for standard title transfers through the estate. If the surviving spouse is claiming a vehicle under the exempt property allowance (RSMo 474.250), use Form 2305 instead — this removes the vehicle from the estate entirely and keeps it outside creditor reach. If there is a lien or a deceased co-owner to remove, Form 4809 handles that.

Post bond if required. Unless the will specifically waives the bond requirement, the executor must post a bond with the probate court equal to at least the value of the personal property in the estate. The bond protects beneficiaries if you mismanage the estate. Your county's Probate Division clerk can tell you the exact requirement and approved bonding companies.

Navigating Missouri's Probate System

Once you know which track you are on, the formal court process begins.

File the petition and open the estate. Your county's Probate Division of the Circuit Court is where this happens. The filing fee varies: $55.50 in Jackson County, $70.50 to $73.50 in Greene County, $75.50 in St. Louis County, and $100.50 in St. Louis City. If the estate includes real property, practically speaking, you will want an attorney in these urban jurisdictions — courts there routinely decline to work with self-represented executors on real estate matters.

Publish notice to creditors. Once the estate is opened, you must publish a notice to creditors in a newspaper of general circulation in the county. Under RSMo 473.360, this publication triggers a 6-month window during which creditors can present claims against the estate. The clock starts from the date of first publication, not from the date of death. Do not skip this step — creditors whose claims are not filed within that window are barred.

There is also a separate absolute bar: RSMo 473.444 extinguishes all creditor claims 1 year after the date of death, regardless of whether probate was ever opened or notice was ever published. If you are reading this more than a year after the death, any unpaid creditor claims may already be barred.

File the inventory. Within 30 days of your appointment, you must file an inventory of all probate assets with the court. List everything: real estate, vehicles, bank accounts, personal property. Include fair market values as of the date of death. This is a public document.

Notify the surviving spouse about spousal election rights. If a will exists, the probate clerk is required by law to notify the surviving spouse within 1 month of the will being admitted. The surviving spouse then has 10 days after the will-contest period closes to file a spousal election under RSMo 474.160. As executor, make sure this notification happens — if it does not, the timeline gets complicated.

The forms, filing sequences, and county-specific requirements for Missouri probate are a lot to track on top of everything else you are managing. The Missouri Estate Settlement Guide lays out every step in sequence, with the exact forms and deadlines so nothing falls through.

Paying Debts the Right Way — The Priority Order Matters

This is the part of estate administration where executors most often make costly mistakes. Missouri law under RSMo 473.397 sets a specific priority order for paying estate debts. You must follow it exactly. If you pay a lower-priority debt before a higher-priority one and the estate runs out of money, you can be held personally liable for the shortfall.

The priority order is:

1. Costs of administration (court fees, executor fees, attorney fees, appraisal costs)
2. Family allowances under RSMo 474.260 (support payments to surviving spouse and minor children during administration)
3. Funeral and burial expenses (reasonable amounts)
4. Debts and taxes with preference under federal law (including federal tax obligations)
5. Medical expenses of the last illness
6. Secured debts (mortgages, liens — paid from the secured property)
7. MO HealthNet (Medicaid) estate recovery claims
8. All other unsecured debts in the order presented

Before paying anything in categories 3 through 8, submit the MO HealthNet Estate Notice to the DSS Cost Recovery Unit in Jefferson City. If the decedent received MO HealthNet benefits after age 55, DSS may assert a claim against the estate, and that claim sits above most unsecured creditors. The probate court will not authorize final distribution until DSS has issued a release — so do this early, not at the end when you think you are almost done.

Never pay an unsecured creditor out of order just because they are pushing hardest. The fiduciary duty runs to all beneficiaries and to the priority scheme as written. Pressure from a persistent creditor is not a legal basis for skipping ahead.

Closing the Estate and Distributing to Heirs

The final phase involves accounting, distribution, and court closure.

File the final accounting. Under independent administration, the final accounting must be filed within 1 year of your appointment. It shows every dollar that came in, every dollar that went out, and what remains for distribution. Under supervised administration, the court reviews and approves the accounting before allowing distribution.

Missouri has no state estate tax. This simplifies things significantly. Missouri repealed its estate tax in 2005. Federal estate tax only applies if the gross estate exceeds approximately $13.99 million (2025 exemption, subject to change). Most Missouri estates owe no estate tax at any level.

Distribute to heirs. Once debts are paid, the DSS release is in hand, and the accounting is approved or filed, you can distribute assets to heirs per the will — or per the intestate succession rules under RSMo Chapter 474 if there was no will. Get signed receipts from every beneficiary. These become part of the court record.

File for discharge. Your final step is petitioning the court for discharge as personal representative. This formally ends your fiduciary responsibility. Until discharge is granted, you remain legally accountable for the estate.

Estate administration in Missouri moves faster when you know the sequence and have the right forms in hand before you need them. If you are working through this right now, the Missouri Estate Settlement Guide gives you the complete roadmap — forms, deadlines, priority rules, and the agency contacts that most executors only discover after they miss them.

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