Probate Administration (Missouri)

Probate in Missouri is a court-supervised legal process for transferring ownership of a deceased person’s assets (called the “probate estate”) to their heirs or beneficiaries after they die.

Probate is generally necessary when someone died owning assets solely in their own name (no joint owner with right of survivorship, no payable-on-death or transfer-on-death beneficiary designation, and not held in a living trust) and those assets need to be transferred to new owners.

Attorney fees for administration of large estates (anything over $40,000) is set by statute (RSMo § 473.153). 

See below.

Size of the Estate:                                   Statutory Fee:

Less than $5,000                                         5%

$5,001 - $25,000                                         $250 + 4% of amount over $5,000

$25,001 - $100,000                                    $1,050 + 3% of amount over $25,000

$100,001 - $400,000                                 $3,300 + 2.75% of amount over $100,000

$400,001 - $1,000,000                              $11,550 + 2.5% of amount over $400,000

Over $1,000,000                                         $26,550 + 2% of amount over $1,000,000 

Attorney fees for small estates in Missouri are handled differently than in full probate cases. Small estates use a simplified Small Estate Affidavit process under RSMo § 473.097 (instead of full administration with a personal representative), so the statutory percentage-based minimum fees in RSMo § 473.153 do not apply. 

Small Estates are typically billed as a flat fee depending on asset complexity.  Fees range from $1,000 - $2,500.