You Lost Someone You Love.
Now There's a House to Deal With.
A clear, no-pressure guide to your next steps — whether probate is still ahead of you or already underway. Missouri-specific. Plain English. No fluff.
Talk Through Your Situation →We want to be upfront — this page isn't a sales pitch. It's here because dealing with an estate is genuinely hard, and most of the resources out there are either too complicated or written by people who've never actually sat across the table from a grieving family.
We know that for many of you, this is one of the more difficult seasons of life. Losing someone you love while simultaneously navigating legal processes, family dynamics, and a house full of memories — it's a lot. We've worked with dozens of families in this situation over the past 10 years, and we understand it in more ways than one. A good number of them were handling everything from out of state — coordinating attorneys, decisions, and logistics from hundreds of miles away, without ever being able to just go check on the place. If that's you, you're not alone, and it's more manageable than it feels right now.
Our goal with this guide is simple: help you understand your options so you can make the best decision for your family — whether that involves us or not. If you ever want to talk through your specific situation, we're always happy to listen. No pressure, no obligation.
Just Lost a Loved One? Start Here.
Before you make any decisions about the property, there are a few things that need to happen first. Don't let anyone rush you — but don't let time slip by either, as Missouri has deadlines that matter.
Locate the will and deed
Find out how the property is titled. This determines whether probate is required at all. Look for "joint tenancy with right of survivorship," "transfer-on-death deed," or "living trust" — these can bypass probate entirely.
Contact a Missouri probate attorney
Most full probate administrations in Missouri require legal representation. A consultation is usually free or low-cost and will tell you exactly what process applies to your situation.
File the will within one year of death
Missouri law requires wills to be filed within one year of the date of death. Miss this window and the estate defaults to intestate (no will) succession rules regardless of what the will says.
Secure the property
Change locks, maintain insurance, and keep up with utilities. A vacant home can decline quickly and affect your options later. Holding costs (taxes, insurance, utilities) typically run $500–$2,000/month.
Get a property valuation
An informal walkthrough with an investor or a formal appraisal gives you a baseline. You can't evaluate your options without knowing what the property is actually worth.
Does probate even apply? If the property was held in a living trust, had a beneficiary deed (transfer-on-death deed), or was co-owned as joint tenants with right of survivorship — you may be able to transfer the property without going through probate at all. Talk to an attorney first.
Understanding the Probate Process in Missouri
Probate is the court-supervised process of validating a will, paying debts, and transferring assets to heirs. Here's how it works in Missouri — and how long it takes.
Small Estate Threshold
Estates under $40,000 (after liens) may use a simplified affidavit process — no full court supervision required.
When Probate Is Required
When real estate is titled solely in the decedent's name or as tenants in common and estate exceeds $40,000.
Creditor Notice Period
Missouri requires publishing notice to creditors, triggering a mandatory 6-month window for claims to be filed.
Typical Timeline
Simple probates: 6–12 months. Average probates with real estate: 12–18 months.
How Probate Unfolds: A Timeline
File the will & open probate (Weeks 1–4)
File the will with the probate court in the county where the deceased lived. The court appoints a personal representative (executor).
Inventory assets & notify creditors (Weeks 4–8)
The personal representative catalogs all assets. A notice to creditors is published in a local newspaper, starting the 6-month creditor claim window.
Can you sell during probate? (Months 3–6)
Yes — in many cases. The personal representative may be authorized to sell real property to pay debts or because the will allows it. Court approval may be required depending on the administration type.
Pay debts & taxes (Months 6–12)
Valid creditor claims are paid. Outstanding mortgages, property taxes, and any liens must be resolved before distribution.
Distribute to heirs & close estate (Months 12–18)
Remaining assets, including real property not sold during probate, are distributed to heirs. The estate is formally closed by the court.
Types of Missouri probate: Informal probate — minimal court oversight when all heirs agree. Supervised probate — court approves every step (often used in disputes). Independent administration — executor has more flexibility if the will allows it or heirs agree. Your attorney will determine which applies.
What Are Your Options Once You Can Sell?
Once you have legal authority to sell (either post-probate or through court approval during probate), you have four realistic paths. Each has tradeoffs. None is right for everyone.
Multiple heirs? All heirs must agree on the path forward. If there's disagreement, the court can order a sale. Get aligned early — document agreements in writing and consider a mediator if tensions arise. This is one of the most common reasons probate gets delayed and expensive.
Tax Basics for Inherited Property in Missouri
Missouri has no state inheritance tax and no estate tax. Federal rules still apply. Here's what you need to know before you sell.
Missouri Tax Quick Reference
The Step-Up in Basis: Your Biggest Tax Advantage
When you inherit property, your cost basis is "stepped up" to the fair market value of the property on the date of death — not what your loved one originally paid for it. This means if you sell soon after inheriting, you may owe little or no capital gains tax.
Example: Your parent bought the home in 1985 for $60,000. It's worth $240,000 today. Your stepped-up basis is $240,000. If you sell for $240,000, your capital gain is $0. If you wait two years and sell for $270,000, you'd only owe capital gains tax on $30,000 — not $180,000.
Frequently Asked Questions
Can I sell the house before probate is complete?
What if there's still a mortgage on the property?
What if multiple siblings inherited the house and we can't agree?
Do I need to clean out the house before selling?
What if the house needs major repairs?
How does Missouri handle estates without a will (intestate)?
Not Sure What to Do? Start With a Conversation.
We've helped many St. Louis families navigate inherited properties. We're not here to pressure you into anything — we're here to help you understand your options and make the best decision for your family.
Submit Your Property & Hear Your Options Or call Dennis directly: 636-557-5776 · office@familyfirststl.com