The short version
- In Missouri, probate is handled by the Probate Division of the circuit court in the county where the person lived.
- The personal representative (executor or administrator) is the person who can sell the house.
- If the estate is under independent administration, the house can often be sold without a court order. Under supervised administration, the court approves the sale.
What probate is (and when you need it)
Probate is the court process that pays a person's final bills and transfers what's left to the heirs. You usually need it when the house was in the person's name alone, with no beneficiary deed, trust or surviving joint owner.
For St. Louis, that's the Probate Division of the 22nd Circuit (St. Louis City) or the 21st Circuit (St. Louis County). St. Charles, Jefferson and Lincoln counties each have their own probate division.
The probate steps, in order
A simple Missouri estate usually takes at least six to nine months, mostly because of the creditor period. Contested or messy estates take longer.
Independent vs. supervised administration
| Independent administration | Supervised administration | |
|---|---|---|
| Who decides | The personal representative, without a court order for most steps | The court approves major steps |
| Selling the house | Can usually sell without a court order | Sale normally needs court approval |
| Speed | Faster, fewer hearings | Slower, more paperwork |
| When it's used | The will allows it, or the heirs agree | The will requires it, heirs disagree, or the court orders it |
Your probate attorney can tell you which one applies. It decides how fast the house can close.
Small estates
If the whole estate, after liens and debts, is worth $40,000 or less, Missouri has a simpler small estate affidavit. It can be filed once 30 days have passed since the death, as long as no full probate case has been opened. In St. Louis, many houses with a mortgage still on them fit under this limit, so ask about it.
Selling the house during probate
- Get letters first. No one can sign a binding sale until the personal representative has letters.
- You can sign a contract early. Many buyers, including us, will sign during probate and close when the court or the attorney says it's ready.
- Sell as-is. The estate usually doesn't have money for repairs, and fixing up a house during probate rarely pays off.
- The mortgage and any liens are paid at closing. The rest goes to the estate.
- Keep the house insured and secured the whole time. Vacant-property coverage matters.
No one ever opened probate?
It's common in St. Louis to find a house still in the name of someone who died years ago. Missouri has a process called determination of heirship for estates where no probate was opened within a year. A probate attorney can file it and clear title so the house can be sold. We've bought houses in this situation and can be patient while it gets sorted out.
How we help with probate houses
We'll make a written cash offer within 24 hours, work directly with the personal representative and the estate's attorney, and close at a local title company when the court allows. We buy as-is, pay all the closing costs, and you can leave behind anything the family doesn't want.
Common questions
Do I need an attorney for probate in Missouri?
Missouri generally requires a personal representative to have an attorney in probate court, with limited exceptions. The attorney's fees are usually paid from the estate.
Can the house be sold before the creditor period ends?
Often, yes. The sale money goes into the estate and is used to pay valid claims before anything is distributed to heirs.
What if one heir lives in the house?
That's common. The personal representative manages the house for the estate. We can work out a closing date that gives the family member time to move.
Can you buy a house that's full of a lifetime of belongings?
Yes. Take what the family wants and leave the rest. We handle the clean-out at no cost to the estate.
This guide is general information for Missouri homeowners, not legal, tax or financial advice. Laws and local procedures change. Talk to a Missouri attorney, CPA or HUD-approved housing counselor about your situation. HJ House Buyers is a real estate investment company, not a law firm or real estate brokerage.