After a death in Missouri
Settling a loved one’s estate? Call a probate attorney before you sign, sell, or pay anything.
If you were named in the will, or you are the family member left to sort things out, the next few weeks matter. Missouri requires a lawyer to handle probate in court, and early mistakes can cost the estate money or leave you personally responsible. Jones Elder Law handles the court work from the first filing to the final distribution.
Your first call is with an attorney. Rosalind M. Robertson takes it herself, and our goal is to return every request within one business day.
When Rosalind believes we can help you with your situation, she will offer a complimentary Vision Meeting. Our fee comes from the same statutory schedule as the Personal Representative's and is paid from the estate, not from your family's savings.
The short answer
Do you need a probate attorney in Missouri?
In most cases, yes. When someone dies owning property in their name alone, Missouri usually requires probate to transfer it. A Personal Representative who is not a lawyer cannot appear in probate court without an attorney.
Probate generally must be opened within one year after the death. Many estates take about a year to close, because creditors have six months to file claims after notice is published.
Jones Elder Law handles Missouri probate for families in St. Charles County, St. Louis County, and the Metro East. Our fee follows Missouri’s statutory schedule and is paid from the estate.
Your situation
Which of these sounds like your family right now?
Every estate starts in a different place. Pick the one closest to yours to see what usually needs to happen next, or call and we will sort it out with you.
What can go wrong
What can go wrong in Missouri probate without the right help?
Most families have never been through probate. The court still expects every step done in the right order. These are the problems that hurt families most when they try to handle it alone.
Learn more about Missouri probate deadlines and delays, estate debts and creditor claims, and preventing family problems during probate.
Can cost the inheritance
A missed deadline
Missouri generally gives a family one year after the death to file the will and open probate. If that year passes, the will may no longer control who inherits.
Can cost you personally
Paying the wrong bills first
Missouri law sets a priority order for paying estate debts. A Personal Representative who pays a lower priority bill too early, or hands out money too soon, can be required to repay it.
Can cost the house
An empty house
Many homeowner’s policies limit coverage when a house sits empty. The mortgage, taxes, and repairs keep coming while no one has legal authority to act.
Can cost the family
Arguments over who is in charge
Having the keys or being named in the will does not give anyone authority. Until the court appoints a Personal Representative, disagreements have no clear way to end.
Can cost months
Court paperwork that stalls
Probate requires petitions, notices, an inventory, and a final settlement. One missing or incorrect filing can stop the estate for weeks.
You do not need to know any of this before you call.
Tell us what happened. We will tell you what has to happen next, and in what order.
Request a probate consultationThe first year after a death
What happens in the first year after a death in Missouri?
Every estate is different, but the main deadlines are set by Missouri law. We track each one for you.
If the death was recent, start with what to do first after someone dies. If time has already passed, see Missouri probate deadlines and delays.
- 1
The first days
Protect the property
Secure the house, cars, and mail. Find the original will. Keep the insurance in force.
- 2
Probate opens
The court issues Letters
Letters are the court’s order naming the Personal Representative. They are what let you open an estate bank account, collect the accounts, and pay the bills.
- 3
Notice is published
Creditors get six months
Creditors generally have six months from the first published notice to file their claims.
- 4
One year after death
The deadline families miss
This is generally the last day to file the will and open probate. Most creditor claims also end here.
- 5
Closing
Distribution and discharge
The court approves the closing, heirs receive their shares, and the Personal Representative is released.
If someone died months ago and probate has not been opened, call now. The deadline at one year is the one families miss most.
Call 636.493.3333A typical estate, start to finish
What does a typical Missouri probate look like?
Say your mother passes away. She owned her home in St. Charles County and a few bank accounts in her name alone. You were named in her will, and you live in another state.
You call us
Rosalind, an attorney, calls you back within one business day. Because you live out of state, your Vision Meeting is held by Zoom.
We open the estate
Once you send what we need, we file within a week to ten days. The court issues Letters naming you Personal Representative a week or two later.
We do the legal work
We start the notice to creditors, prepare and file the inventory, track the claims that come in, and guide you through selling the house.
You sign from home
Documents go back and forth by email. You make the decisions, with our advice, without flying back to Missouri.
The estate closes
After the six months for creditor claims, we prepare the papers to close the estate. Your family receives its shares, and you never had to stand in a courtroom.
The Probate Resolution Program™
What does a probate attorney do, and what does the family do?
The court appoints a family member as Personal Representative. That person does not have to be a lawyer, and Missouri does not expect them to be one. Our job is to carry the legal work, so the Personal Representative can make good decisions without carrying the risk alone.
Deciding who should serve? See choosing a Personal Representative. Wondering what has to go through the court? See probate property and property that passes without probate.
What Jones Elder Law handles
- Opening the estate and getting the Letters that give the Personal Representative authority to act
- Every court filing, notice, and deadline
- Finding out which property goes through probate and which does not
- Receiving and tracking creditor claims, and sending them to the Personal Representative for review
- Guidance on selling the house, and any court approval the sale needs
- Preparing the pleadings to close the estate, getting the heirs’ waivers, or filing the full closing proceeding when waivers are not possible
What the Personal Representative does
- Share what you know about the person’s property and bills
- Keep the receipts and records we ask for
- Sign the documents we prepare
- Make the decisions the law leaves to you, with our advice
- Make the final distribution to the heirs
You will always know what has been done, what comes next, and what we need from you.
What working with us looks like
How much of the probate work falls on your family?
Probate sounds like court dates and stacks of paperwork. For most families we represent, it is far simpler than they feared.
No courtroom
Most families never go to court.
Most probate estates have no hearings at all. Once in a while the court schedules one, and your attorney handles it. These hearings are often held by video, so if the court needs to hear from you, you can usually join from home.
Out of state
You can serve from where you live.
Many Personal Representatives live in another state. We work with them by phone and email, sending documents back and forth, so they do not have to keep traveling to Missouri.
Illinois property
Land across the river is handled too.
When a Missouri estate owns property in Illinois, such as farm ground, we can handle the Illinois ancillary probate as part of the same process. The family does not have to go to Illinois.
A quick start
Moving within days, not months.
Once we have the information we need, we usually file within a week to ten days. In St. Charles and St. Louis Counties, where we handle most of our probate cases, the court usually issues Letters within a week or two after that.
What probate help costs
How much does a probate attorney cost in Missouri?
Missouri law sets one fee schedule for probate attorneys and Personal Representatives, based on the value of the estate. We charge that statutory fee, nothing more, and it is paid from the estate. In most estates, the Personal Representative's fee is the same as ours.
For a closer look at fees, expenses, and how long an estate usually takes, see Missouri probate costs and timeline.
$0
Complimentary
Your Vision Meeting
When Rosalind believes we can help you with your situation, you meet with an attorney, review what happened, and learn exactly what the estate needs before you commit to anything.
A payment to start
Reimbursed by the estate
Getting the estate opened
Most estates need a payment to get the case started. The estate reimburses that person once the Personal Representative controls the estate’s money.
The statutory fee
Paid by the estate
Based on Missouri’s schedule
Our fee follows the schedule in Missouri law, the same one that sets the Personal Representative's fee. It is paid from the estate before the heirs receive their shares, not from the family's own savings.
Nothing is due up front, and there is no hourly billing. We take the first half of our fee once the court issues letters and the Personal Representative has access to estate funds.
Your attorneys
Who will handle your family’s estate?
Your call is not passed to a junior associate or a paralegal you never meet. Stephen and Rosalind bring more than 20 years of combined estate planning and elder law experience, and the firm has served families in St. Charles County, St. Louis County, and the Metro East for 15 years.
Stephen C. Jones
Founder, J.D., M.B.A.
Stephen came to this work through his own family. His grandmother lived with Alzheimer’s for more than 15 years, and his grandfather spent nearly all of his savings on her care. Years later, when his father became seriously ill, the family had a plan, and Stephen saw how much that changed.
He began his career at a large St. Louis law firm and founded Jones Elder Law to give Missouri families that same kind of preparation and steady guidance. For years he has taught probate topics to other attorneys in continuing legal education programs and to families in public workshops.
Rosalind M. Robertson
Managing Member, licensed in Missouri and Illinois
When you call, your first conversation is with Rosalind, an attorney, not a call center. She learns what happened and explains what the estate is likely to need. When she believes we can help you with your situation, she will offer a complimentary Vision Meeting.
Rosalind grew up visiting her grandmother in a nursing home, often alongside her mother. She knows how heavy these months can feel for a family.
Where you will meet us
Where will we meet, and what should you bring?
Your Vision Meeting takes place at our St. Charles office, in a private conference room. You will sit down with an attorney, go over what happened, and leave knowing what the estate needs and what comes next.
Live out of town? Many of our Vision Meetings happen by Zoom, so family members in other states can take part from home.
What to bring, if you have it
- The death certificate
- The will, and the original if you can find it
- Recent bank, retirement, and investment statements
- The deed or tax bill for any real estate
- Any letters from the court, creditors, or the mortgage company
Missing papers are normal. Bring what you have, and we will help you track down the rest.
Our office
Jones Elder Law, LLC
2085 Bluestone Drive, Suite 204
St. Charles, Missouri 63303
Who we help
Is your estate the kind of probate we handle?
We are a strong fit when
- A house, account, car, or other property is still in the person’s name alone
- Probate has not been opened, or the family is worried that time is running out
- Bills, creditor letters, or mortgage statements are arriving
- The will is missing or unclear, or there is no will at all
- Family members disagree about who should be in charge
We are not the right fit for
- A small estate that only needs a small estate affidavit
- An estate already being handled by another law firm
- An estate with no property to administer
Not sure which group you are in? Call 636.493.3333 and we will tell you.
Questions families ask
Straight answers about Missouri probate.
Do we need a lawyer for probate in Missouri?
Yes. Missouri law does not allow a Personal Representative who is not a lawyer to appear in probate court without an attorney. The attorney's fee comes from the same statutory schedule as the Personal Representative's and is paid from the estate.
What are Letters, and why do they matter?
Letters are the court’s order naming the Personal Representative. Until the court issues them, no one has legal authority to act for the estate. With Letters, the Personal Representative can open an estate bank account, collect the person’s accounts, pay bills, and deal with the house. Banks and title companies will ask to see them.
Does a will keep an estate out of probate in Missouri?
No. A will is a set of instructions for the probate court. It tells the court who should inherit and who should serve as Personal Representative, but it cannot transfer anything by itself. Property in the person’s name alone still has to go through probate before it can reach the people named in the will.
How much does a probate attorney cost in Missouri?
Missouri law sets one fee schedule for probate attorneys and Personal Representatives, based on the value of the estate, so in most estates the two fees are the same. Jones Elder Law charges that statutory fee, nothing more, and it is paid from the estate. The Vision Meeting is complimentary, and nothing is due up front. We take the first half of our fee once the court issues letters and the Personal Representative has access to estate funds.
How long do we have to open probate in Missouri?
Missouri generally allows one year after the death to file the will and apply to open probate. Waiting that long is risky, because property, insurance, and creditor issues do not wait. The sooner the estate is opened, the more options the family keeps.
How long does probate take?
An estate cannot close until the six months for creditor claims have passed. Many estates take about a year, and estates with a house to sell, missing documents, or family disagreements can take longer.
Can we sell the house during probate?
Yes, in most estates the house can be sold once the Personal Representative has Letters from the court. Some sales also need court approval, depending on the will and the type of probate. We guide you through the sale and handle any court approval it needs. The sale itself usually closes through a title company.
What if family members disagree about who should be in charge?
The court decides. It looks first at who the will names, and if there is no will, Missouri law sets an order of priority among family members. We can explain where your family stands before anyone files.
Will I have to go to court?
Usually not. Most probate estates have no hearings at all. Once in a while the court does schedule one, and when that happens, your attorney handles it. These hearings are often held by video, so if the court needs to hear from you, you can usually join from home.
Can I serve as Personal Representative if I live outside Missouri?
Often, yes. Missouri allows a person who lives in another state to serve in many cases, as long as certain requirements are met. We work with Personal Representatives who live out of state by phone, email, and Zoom, so most of the work can be done from home.
What if the estate owns property in Illinois?
We can handle that. When a Missouri estate owns land or other property in Illinois, an Illinois ancillary probate is usually needed. We regularly file in Madison, St. Clair, Jersey, and Macoupin Counties, and we can file in other Illinois counties when an estate needs it. The family does not have to travel to Illinois.
How soon can we get started?
Quickly. Once we have the information we need, we usually file within a week to ten days, and the court usually issues Letters within a week or two after that.
Can we meet by Zoom instead of coming to the office?
Yes. Many of our Vision Meetings happen by Zoom, especially when family members live out of town. If you live nearby and would rather meet in person, we are glad to see you at our St. Charles office.
Request a probate consultation
Tell us what happened. We will tell you what has to happen next.
You do not need to know how probate works or what kind of case the estate needs. Give us the basic facts. An attorney will review them and call you about the next step.
We aim to respond within one business day. If the house is empty, a creditor is pressing, or close to a year has passed since the death, please call 636.493.3333 instead.