Selling a house in probate in Missouri usually runs in this order: open the estate in the right court, get letters, learn which kind of administration you have, then choose how to sell. Some houses skip probate through a small estate affidavit or a beneficiary deed. The house keeps costing money through all of it, and that cost often decides how a family sells.

This is general information about Missouri law, not legal advice. Check each step with your estate's attorney.

Can you sell a house during probate in Missouri?

Yes, and you do not have to wait for the estate to close. The personal representative can sell once the court appoints them, with or without a court order depending on the type of administration.

What you cannot do is skip the court and sell as an heir. The Missouri Bar's probate guide says heirs cannot sell or get clear title to a house that is subject to probate for one year after the death unless it goes through probate. A parent's power of attorney does not help, because Missouri ends it at death (RSMo 404.717). Our guide to selling a house with power of attorney covers the time before a death.

Letters testamentary or letters of administration: who signs

Letters are the court's appointment of the personal representative, who signs the deed for the estate. Letters testamentary go to the executor a will names. Letters of administration go to a surviving spouse or an heir the court chooses when there is no will (RSMo 473.110).

A few rules shape the first months:

A will generally has to be presented, and letters of administration applied for, within one year of the death (RSMo 473.050).
An heir who lives outside Missouri can still be appointed (RSMo 473.110).
A personal representative who is not a lawyer appears in court through one (RSMo 473.153).
After letters issue, the clerk publishes a notice once a week for four weeks and mails it to the heirs (RSMo 473.033). Creditors then have six months from the first publication to file claims (RSMo 473.360).

Independent or supervised administration: when the court must approve the sale

In an independent administration, the personal representative can sell the house without a court order. In a supervised administration, the sale needs a court order first and the judge's approval after.

Independent administration. It applies when the will calls for it, or when every heir or devisee consents and the will does not forbid it (RSMo 473.780). The personal representative can sell real estate for cash or on credit (RSMo 473.810).
Supervised administration. The personal representative petitions to sell, and the heirs get notice of a hearing, held 30 to 42 days after the first publication when notice is published (RSMo 473.493). The order says whether the sale is private or a public auction, and a private sale cannot go below three-fourths of the appraised value (RSMo 473.500). The sale is reported within 10 days, the report stays on file 10 days, heirs can object, and then the judge approves it and orders the deed (RSMo 473.513).

If the will gives the executor a power to sell, the executor can use it instead of the court procedure (RSMo 473.457). Ask the attorney which route the title company will accept.

You may have read about courtroom overbidding, a 10 percent deposit or a 90 percent appraisal rule. Those steps are not in Missouri's probate sale statutes.

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The small estate affidavit route

If the whole estate, after liens and debts, is worth $40,000 or less, the heirs may not need letters at all. Missouri lets a distributee file a small estate affidavit once 30 days have passed since the death (RSMo 473.097).

Because the test subtracts liens and debts, a house with a mortgage can sometimes fit. The court can require a bond or waive it, and when the listed property is worth more than $15,000, the clerk publishes a notice to creditors. The person who signs the affidavit pays the debts from the property before passing on the rest, and may sell it to do that.

A copy of the affidavit and the clerk's certificate is then recorded with the recorder of deeds where the house sits. That establishes the heirs' right to the house, and they sign the sale themselves. The Missouri Bar says a lawyer helps avoid costly mistakes when real estate is involved, and the title company should confirm early that it will insure a sale on the affidavit.

Beneficiary deeds that skip probate

If the owner recorded a beneficiary deed before death, the house passed to the named beneficiary at death without probate (RSMo 461.025). The Missouri Bar's guide also calls it a transfer on death deed.

The deed must say it takes effect at death and be recorded before the owner died, so search the recorder of deeds for the City of St. Louis or St. Louis County, wherever the house is. The beneficiary then sells directly, after recording whatever the title company asks for.

Creditors can still reach the value. If the probate estate cannot cover the owner's debts, a beneficiary can be made to pay a share through an action brought within 18 months of the death (RSMo 461.300). The Missouri Bar also lists trusts and joint ownership with survivorship as ways property avoids probate.

City of St. Louis or St. Louis County: which probate court

The estate opens in the county where the person who died lived, not where the heirs live (RSMo 473.010). The City of St. Louis and St. Louis County are separate courts.

City of St. Louis. The Probate Division of the 22nd Judicial Circuit, on the 10th floor of the Civil Courts Building at 10 North Tucker Boulevard.
St. Louis County. The probate division of the 21st Judicial Circuit, on the 5th floor at 105 South Central Avenue in Clayton. Its FAQ lists initial filing costs of $75.50 to $676.50, and says cases filed since July 12, 2004 are on Case.net, where you can check whether an estate is already open.

If your parent lived outside Missouri and left a house here, letters can be granted in the county where the Missouri real estate is (RSMo 473.010). When an estate is already open in the home state, the Missouri Bar describes a quicker ancillary administration here.

When heirs disagree about selling

Heirs have several ways to object, and the court has several ways to settle it. A split family often ends up in a supervised estate, where the court approves more of the steps.

Unless the will calls for it, independent administration needs the consent of every heir or devisee (RSMo 473.780), so one holdout means a supervised estate.
Any interested person can petition to end independent administration, and the court can order supervision (RSMo 473.833).
In a supervised sale, heirs can file written objections to the sale report, and the judge confirms only a sale at the price and terms most advantageous to the estate (RSMo 473.513).
The court can order real estate sold when dividing it among the heirs would be a burden (RSMo 473.460).
Once heirs own the house together, any of them can ask the circuit court to divide it, or to sell it and split the proceeds when it cannot be divided fairly (RSMo 528.030).

Shared numbers help. Our offer starts from what the house would sell for, then subtracts a realistic repair budget and the costs we take on, such as closing costs and the months of taxes and utilities while the work happens. Every heir sees each line. Put a listing agent's estimate beside it and let the family compare.

What the house costs the estate while it waits

The taxes, insurance, utilities and upkeep keep coming due, and the estate pays them until the sale closes. An independent personal representative has to pay the taxes and take reasonable steps to protect the property (RSMo 473.803), and may insure it and make ordinary repairs (RSMo 473.810).

Add up one month: the yearly tax bill divided by 12, insurance, utilities, lawn care and repairs that cannot wait. Multiply by the months left in probate. Then add the administration itself: the Missouri Bar lists bond premiums, publication, court costs and the personal representative's and attorney's fees.

Call the homeowner's insurer as soon as the house is empty, ask how the policy treats a vacant house, and get the answer in writing. If your parent was enrolled in MO HealthNet, the estate cannot close until the MO HealthNet Division issues a release or waives it (RSMo 473.398), so ask the attorney to request it early.

One heir in our seller stories inherited a 1947 house that had been gutted, with no roof and no utilities. It sat vacant while the back taxes climbed. The heir wanted about $20,000, we offered $18,000 as-is, and the sale closed in about a month. Read the gutted house story or our page on selling a vacant house.

Listing the house or selling it as-is for cash

If the house is in good shape, the heirs agree and the estate can carry the costs for a few months, listing with an agent will usually bring a higher price. An as-is cash sale fits better when the house needs work, sits empty, or the heirs live far away and want it finished.

We describe our offer the way our FAQ does: "We pay fair prices, but not always full market value. For houses needing repairs, we calculate fair prices by subtracting repair costs." We buy as-is, with no repairs, no cleaning, no showings and no agent commission, and we pay all closing costs. A dedicated transaction coordinator handles each sale, which helps when the closing date depends on a court.

We can make an offer within 24 hours. We can close in as little as 7 days when the title is clear; 30 to 60 days is typical. In probate, the title is clear once the personal representative can sign and any court approval is in hand. In a supervised estate, a private sale also has to reach three-fourths of the appraised value, which can rule out an offer that subtracts heavy repairs.

See selling an inherited house in St. Louis for the as-is route and how we buy houses for the steps.

Frequently asked questions

How long does probate take in Missouri?

The Missouri Bar's guide puts the earliest close at about six months and 10 days after the first published notice, because creditors get six months to file claims. Many estates take a year or more after the death. The house can sell before the estate closes, so it does not have to wait for the final settlement. Supervised estates add court approvals and annual settlements along the way.

What happens to the mortgage on a house in probate?

The mortgage stays on the house, and the probate claims deadline does not cut off the lender's right to enforce it (RSMo 473.360). When the house sells, the loan is paid off from the sale at closing, and the estate keeps what is left. Keep the payments current if the estate can.

Does the estate owe tax when it sells the house?

Under IRS rules, the basis of inherited property is generally its fair market value on the date of death (Publication 551). If the house sells for about that value, the taxable gain is small or zero. The estate may also have its own income tax filings, so ask a tax adviser before the closing.

What if nobody opened probate within a year of the death?

Missouri generally bars presenting a will, or applying for letters of administration, more than a year after the death (RSMo 473.050). The Missouri Bar's guide describes two routes after that: a court petition to determine heirship, or an affidavit of heirship if the title company insuring the sale accepts it. Talk to a Missouri probate attorney before anyone signs a sale contract.

Talk it through with us

If you are handling a parent's house in probate and want a number to set beside a listing, start with our page on selling an inherited house. You can also send us a message or call (314) 334-1481, and take whatever time the estate needs.

How to Sell a House in Probate in St. Louis, Missouri