Missouri Probate Deadlines: Why a Valid Will Isn't Enough

Missouri's one-year deadline

In Missouri, a will generally must be presented for probate within one year of the date of death. Having a valid signed will is not enough by itself. If no one brings the will before the court in time, the will may not control the probate estate.

What happens if the deadline is missed

If the deadline is missed, the will may be forever barred from probate. The court may not be able to use the will to decide who receives probate assets, even if the will clearly states the decedent's wishes.

Instead, property may pass under Missouri intestate succession rules, which determine who inherits when there is no will controlling the estate. That result may be very different from what the person intended.

Some assets, such as jointly owned accounts, assets with beneficiary designations, and property held in trust, may still transfer outside probate under separate rules.

How a probate attorney can help

A probate attorney can help determine the filing deadline, identify the correct court, review the estate plan, and prepare the documents needed to present the will properly.

To discuss a Missouri estate, will, or probate deadline, contact Legacy Design Counsel, LLC to schedule a free, no-pressure 15-minute consultation.

General information only, not legal advice. Consult a Missouri probate attorney about your situation.