Whether you’re designated to serve as the personal representative of an estate, or a loved one has named you a beneficiary in their will, it’s important to understand the basics of your state’s probate laws and what to expect from the proceedings. One of the most common questions people have about the Missouri probate process is how long it will take.

According to Attorney David Schmidt of Woodlawn Law Offices in O’Fallon, MO, the answer to this varies in every case, as it typically depends on the size of the estate in question. Additionally, court delays and family disputes can lengthen the time to settle an estate. Below, he explains a few essential details about going through probate in Missouri. 

How Probate Works in Missouri

Small Estates

Under Missouri probate law, if a decedent’s assets are valued at less than $40,000, they are considered a small estate, which isn’t subject to full probate proceedings. Under these circumstances, a small estate can be finalized just 30 days after the decedent’s death. It is only required for the representative to submit an affidavit stating they will be responsible for paying the estate’s debts and distributing its property. 

Average Length of Time Probate Takes

Small estates are an exception to the typical probate process. Usually, probate lasts at least six months because this is how long Missouri’s probate law gives creditors to file a claim against the estate. Then, it may take several more days for the personal representative to review the claim and approve or deny it. Therefore, the average estate will require six months and 10 days to settle, but it’s not uncommon for it to take more than a year to wrap up a decedent’s affairs. 

If you have more questions about Missouri probate laws or need a reputable lawyer to walk you through the process, don’t hesitate to reach out to Woodlawn Law Offices. Attorney Schmidt has provided quality legal services for more than 25 years and has vast experience in all aspects of estate planning. There is no one better equipped to help you navigate the challenges that probate can present. Contact the firm by calling (636) 240-6667 or visiting the website to learn more.