What the Law Says:

Missouri’s laws are publicly available for everyone on the internet. RSMo § 473.153 is the law that lays out the required probate fees as follows:

On the first	$5,000	5%
On the next	$20,000	4%
On the next	$75,000	3%
On the next	$300,000	2.75%
On the next	$600,000	2.5%
On all over	$1,000,000	2%

Probate fees are calculated based on the dollar value of property that must be transferred under the supervision of a probate court.

How do you know what property has to be transferred under the supervision of a probate court? You read Missouri’s default estate plan for everyone: the Intestate Succession Scheme.

The law says that by default, upon someone’s death, all of their property must pass through a probate court to get to their legal heirs.

The only way to change this default is to plan your estate.

If someone passes away without a Last Will & Testament (also known as passing away “Intestate”) the probate court and personal representatives must search for the person’s legal heirs, which can be a lengthy and expensive process.

If someone passes away with a Last Will & Testament, this process is expedited but still required for the property subject to the Will.

Do you have property going through the probate court process right now?

Fees will be calculated according to the statutory minimum fee schedule.

The Costs of Probate Court:

According to Zillow, the average value of a home in Missouri in 2024 is $247,753.

If just the average home has to go through a Missouri probate court to get to someone’s heirs, by law the required minimum fee for an attorney to handle that matter is approximately $7,363.21.

And that is just the attorney’s fee. For just the home. Other personal representatives that are involved in the process also are required to charge these fees.

This minimum probate fee is oftentimes paid out of the estate’s funds (individual bank accounts without designations, cash savings in the mattress, etc.), out of the pockets of the heirs, or from the proceeds of a liquidation or foreclosure sale.

If someone has not planned ahead or accounted for these costs, it can all add up rather quickly and potentially derail their legacy.

The Benefits of Estate Planning:

Certain non-probate transfers (like a Beneficiary Deed, a Revocable Living Trust, or Beneficiary Designations on financial accounts or titles) bypass probate court altogether because the property goes directly to the intended recipient. There is no need to involve a probate court under these circumstances because the new owner is clearly identified.

This means that there is no probate fee for that asset, and that asset’s value does not factor into the calculation of any probate fees for your estate. This is the power of estate planning.

A full and comprehensive estate plan drafted by Sandoval Law Firm starts at just $3,000 for an individual or $4,000 for couples. We want to save you and your intended heirs money and stress.