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Draft state probate reference

Probate in Missouri: Small Estate and Executor Guide

This draft Missouri probate reference summarizes selected personal-representative compensation and small-estate affidavit concepts. It is general information only and must be checked against current Missouri statutes, probate division forms, and local practice.

Draft data: not verified

This page has not been verified against current official Missouri sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.

Executor fee rule

Missouri Revised Statutes section 473.153 describes minimum compensation percentages for a single personal representative when the will does not control compensation.

This draft schedule applies the stored percentages to a simplified estate-value scenario. The statute refers to personal property administered and proceeds of real property sold under probate court order, so the legal compensation base may differ from gross estate value.

Draft schedule

  • 5% of the first $5,000
  • 4% of the next $20,000
  • 3% of the next $75,000
  • 2.75% of the next $300,000
  • 2.5% of the next $600,000
  • 2% over $1 million

Important limits

  • Needs official verification against current Missouri law and local probate division practice.
  • The will can set compensation, and the court may allow additional reasonable compensation in some cases.
  • The statutory base is not necessarily the same as every asset connected to the decedent.

Small estate information

Draft threshold
$40,000 or less in the entire estate, less liens, debts, and encumbrances; needs official verification
Scope
Missouri small-estate distribution by affidavit can apply to personal property, real property, or both if statutory conditions are satisfied.
Form or process name
Small Estate Affidavit under RSMo section 473.097; verify county probate division form

Eligibility cautions

  • Needs official verification for current law and county probate division practice.
  • Bond, publication, creditor notice, no pending letters, and affidavit content requirements can apply.
  • The $40,000 figure is not a complete eligibility test.

Draft probate notes

  • Confirm whether a will has been presented and whether letters or refusal of letters are pending or granted.
  • If the listed property exceeds the publication threshold, creditor notice requirements may apply.
  • The fee schedule should be reconciled to the statutory compensation base, not an informal gross estimate.

Statutes and official starting points

These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.

Other draft state references

Frequently asked questions

Is this Missouri probate information verified?

No. This is a draft reference that has not been verified against current official state sources for publication.

What is the draft Missouri small-estate threshold?

$40,000 or less in the entire estate, less liens, debts, and encumbrances; needs official verification. Eligibility has additional requirements and must be confirmed for the specific estate.

How are executor fees described in Missouri?

Missouri Revised Statutes section 473.153 describes minimum compensation percentages for a single personal representative when the will does not control compensation.

Should I rely on this page instead of legal advice?

No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.

This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.