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Selling a House in Probate in Missouri
Independent versus supervised administration, beneficiary deeds, small estates, Jackson County fees and the deadlines that shape a sale.
Independent vs. supervisedSupervised sale stepsBeneficiary deedsFees & deadlinesFAQ
Missouri probate is governed by RSMo Chapter 473. An independent personal representative can sell estate real estate without a court order (RSMo 473.780, 473.810). In a supervised estate the sale generally needs a court order, a report of sale within 10 days of the contract and court confirmation, with exceptions. A beneficiary deed recorded before death passes the house outside probate (RSMo 461.025). In Jackson County, letters cost $190.50 with a will or $155.50 without, plus asset-based clerk fees. Creditor claims are barred one year after death.
Independent vs. supervised
Can a Missouri personal representative sell without the court?
Yes, in independent administration. Supervised estates usually need a court order and confirmation.
Independent administration is available when the will allows it, or when the will does not prohibit it and all heirs or devisees consent (RSMo 473.780). An independent personal representative may sell real estate without a court order (RSMo 473.810; 16th Circuit Probate Procedures Manual sec. 21). Otherwise the estate is supervised.
Probate turns on the will, the deed and the court’s orders. Before you sign a listing or a contract for an estate home, talk to an estate attorney licensed in the state where the property sits. Free help: Kansas Legal Services or Legal Aid of Western Missouri.
Supervised sale
How does a supervised probate sale work in Missouri?
Generally a court order, a report of sale within 10 days of the contract and court confirmation.
- The personal representative asks the court for an order to sell (exceptions include written consent of the heirs or a power of sale in the will).
- The house is marketed and a contract is signed, written to allow for court confirmation.
- A report of sale is filed within 10 days of the contract.
- The court confirms the sale, and the closing follows.
Source: RSMo 473.457, 473.460, 473.513; 16th Circuit PPM sec. 20, checked Nov 13, 2026. Your attorney manages the filings; we build the listing timeline around them so buyers know what to expect.
Beneficiary deeds and small estates
When does a Missouri house pass without full probate?
A recorded beneficiary deed, joint ownership with survivorship, or in some cases a small estate affidavit.
- Beneficiary deed: recorded before death, it transfers the real estate to the named beneficiary at death (RSMo 461.025).
- Small estate affidavit: estates up to $40,000 (net of liens and debts), 30 or more days after death; it can be recorded for real estate with the clerk’s certificate (RSMo 473.097).
- Statewide forms: small estate, refusal of letters and heirship forms are on Missouri Courts.
Fees and deadlines
What does Missouri probate cost and what are the deadlines?
Jackson County publishes its fees; statewide deadlines run from the notice of letters and the date of death.
| Item | Rule | Source |
|---|---|---|
| Jackson County letters fee | $190.50 with a will; $155.50 without; plus clerk fees of $50 to $450 based on total assets | 16th Circuit filing fees; PPM sec. 5 |
| Creditor claims | 6 months after first publication of letters (or 2 months after mailed notice, if later); all claims barred 1 year after death | RSMo 473.360, 473.444 |
| Will deadline | 6 months after first publication of notice of letters, or 1 year after death if none was published | RSMo 473.050 |
| Estate tax | None for deaths since Jan 1, 2005 | Missouri DOR |
| Wholesaler disclosure | A wholesaler must give the owner a written disclosure at least 14 calendar days before contracting (SB 973, signed July 13, 2026) | SB 973 |
Source: 16th Judicial Circuit; Missouri Revised Statutes; Missouri DOR; Missouri Senate, checked Nov 13-14, 2026. Clay, Platte and Cass fees: ask the circuit clerk.
Missouri probate contacts for Jackson, Clay, Platte and Cass counties are on the hub page. Local market context: Kansas City, MO · Independence · Lee’s Summit · Liberty · Platte City · Belton.
Want the court contacts, rules, fees and the 13-step checklist in one place? Ask for the free KC-Area Probate & Inherited Home Data Sheet.
More probate guides: Probate & inherited homes hub · Kansas probate & selling · Missouri probate & selling · Keep, rent or sell · Preparing an estate home · How we help
FAQ
Frequently asked questions
Can a Missouri personal representative sell a house without court approval?
In independent administration, yes: RSMo 473.810 lets an independent personal representative sell real estate without a court order. In supervised administration the sale generally needs a court order and court confirmation, with some exceptions. The estate’s attorney confirms which applies.
How much does it cost to open probate in Jackson County?
The 16th Circuit lists $190.50 for letters testamentary when there is a will and $155.50 for letters of administration without one, plus clerk fees of $50 to $450 based on total assets. Attorney fees are separate.
How long do creditors have to file claims in Missouri?
Generally 6 months after the first publication of letters, or 2 months after mailed notice if later, and all claims are barred one year after death under RSMo 473.444.
Does a Missouri beneficiary deed avoid probate?
Yes for the house it covers, if it was recorded before death. RSMo 461.025 transfers the property to the named beneficiary at death. Mortgages and liens still follow the property.
What should I know before accepting a cash offer on an inherited house in Missouri?
Missouri SB 973, signed July 13, 2026, requires real estate wholesalers to give the owner a written disclosure at least 14 calendar days before contracting, and without it the owner may cancel before closing. Compare any offer against a market value estimate and have the estate’s attorney review it.
Talk through an inherited house
Tell us the county and where the estate stands. We will start with a no-pressure value estimate and a plain-English plan that fits the executor’s timeline and the attorney’s advice.
Wingman Real Estate – The Shopper Team · Brokered by REAL Broker, LLC · (913) 543-3332 · Angela@shopwithshopper.com · General information only, not legal, tax or lending advice; talk to an attorney licensed in your state and verify with the office named. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
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