Presenting the will
The will must reach the proper Probate Division with a qualifying affidavit, petition, or authenticated out-of-state order. Keeping it at home does not present it.
THE ONE YEAR DEADLINE
When More Than One Year Has Passed After a Death in Missouri
Waiting more than one year can permanently change the available probate options. The answer depends on earlier filings, the will, the property that remains, and whether another transfer procedure is still available.
Updated September 11, 2026
TWO SEPARATE ACTS
Presenting a will and applying for Letters are not the same
Applying for Letters
Letters give the Personal Representative legal authority. Unless an exception applies, the application must be made within one year.
Proving timely action
A will properly presented within the deadline may be admitted later. Court receipts and filed records matter.
WHY THE DATE MATTERS
After one year, general estate authority may be unavailable
Without Letters, no Personal Representative has general authority to collect accounts, sell probate property, settle claims, sign estate deeds, or complete ordinary administration. Family agreement cannot create authority the statute no longer allows the court to issue.
An unpresented will can also lose its legal effect. Property may then pass under Missouri inheritance law or another procedure rather than under the document’s instructions.
THE LATE PROBATE REVIEW
Four pieces of evidence determine the next step
Date and filingsOwnership recordsWill and family treeRemaining procedure
POSSIBLE ROUTES01 02 03 04
The correct path depends on the property and prior action
Timely presented will
Proof and administration may remain possible after the anniversary.
Small estate affidavit
A qualifying estate up to $40,000 may use the affidavit, subject to will rules.
Property outside probate
A surviving owner, beneficiary, or trustee may already have transfer rights.
Heirship proceeding
A court may need to identify heirs and shares when ordinary Letters are barred.
URGENT PROBLEMS
Delay becomes a crisis when property is at risk
Real estate may face taxes, insurance failure, deterioration, foreclosure, or an attempted sale. Accounts may remain frozen and family conflict may grow. These facts require prompt analysis even after the deadline.
For an urgent matter, visit Missouri Probate Crisis. That site addresses immediate representation. This page explains why the legal options may be narrower after one year.
THE DEADLINE MAP
Four different clocks are often confused after a death
The first anniversary is critical because an application for Letters ordinarily must be made within one year after death. Letters are the court document that gives a Personal Representative authority to act for the estate. Filing a will by itself is not the same as applying for that authority.
A second clock controls whether a will can be admitted. When no earlier notice of Letters has been published, the will generally must be presented within one year after death. When an estate was already opened and notice was published, a shorter six month period tied to the first publication may control. A will that was timely presented can sometimes be proved and used for administration later, which is why the court stamp, case number, receipt, and complete docket must be examined rather than relying on memory.
Creditor deadlines are different again. Missouri law includes claim periods tied to published or mailed notice and an outside limitation tied to the date of death. A will contest has its own deadline. None of those clocks should be substituted for the deadline to request Letters. The attorney builds a written timeline from the date of death, every filing date, publication dates, mailed notices, and prior court orders before advising what remains possible.
ASSET BY ASSET REVIEW
Missing the ordinary probate deadline does not make the property disappear
Each asset still has an owner and a transfer problem. A house may remain titled in the deceased person’s name. A bank may hold money without a surviving owner or beneficiary. A vehicle title may need a court document. A business interest, refund, lawsuit, mineral interest, or later discovered account may require a different form of authority. The answer depends on the record controlling that specific property.
The attorney first checks whether a valid transfer already operates outside probate, such as joint ownership, a payable on death designation, a transfer on death beneficiary, a beneficiary deed, or a trust. If not, the attorney evaluates a small estate affidavit, refusal of letters, proof of a timely presented will, a determination of heirship, or another limited proceeding recognized by Missouri law. These procedures do not all provide the same powers.
A small estate affidavit may transfer qualifying property, but it does not create a Personal Representative with broad continuing authority. An heirship determination may identify successors to property, but it is not a substitute for every task full administration could have performed. Real estate carrying taxes, insurance problems, foreclosure, deterioration, or an attempted sale requires immediate attention because the property can lose value while the legal route is being decided.
What the attorney needs to verify before choosing a remaining route
| Record | What it can establish |
|---|---|
| Death certificate and complete court docket | The date of death and whether an administration or qualifying filing already occurred |
| Original will, verified statement, petitions, and filed receipts | What was presented, to which court, and when |
| Out-of-state probate orders and current case status | Whether the statute’s separate domiciliary-estate provision requires analysis |
| Deeds, account titles, beneficiary records, and values | Which property needs a transfer procedure and whether a limited route may fit |
| Family tree and records of later deaths | Who may claim as an heir or through an heir |
RSMo section 473.050 distinguishes will presentment from an application for Letters. It also contains specific provisions for timely presented wills and wills admitted in the deceased person’s out-of-state domicile. Its six-month publication rule includes a separate will-contest timing provision. Do not decide that a will is barred from the anniversary alone when those facts may apply.
Heirship and a small estate affidavit answer different questions
RSMo section 473.663 provides a determination-of-heirship procedure when its conditions are met, including no Missouri administration commenced within one year and no will timely presented in Missouri. The petition identifies the property, heirs at death, and people claiming through heirs. Notice and a hearing are required. A certified decree concerning real estate must be recorded in the county where that property is located.
A qualifying small estate affidavit instead uses its own property-value, timing, will, bond, and other requirements. The existence of a will that was never timely presented can matter to whether the required statements can properly be made. Neither procedure should be treated as an automatic replacement for general Letters or a reason to sign a statement that is not true.
For a house left titled in the deceased person’s name, the task is to establish the legal succession and the documents needed for the proposed transaction. Family agreement and possession of the keys do not supply those documents. If insurance, tax, maintenance, or foreclosure issues are developing, identify them at the start of the review.
Common questions
Questions after the first anniversary
Does delivering the will somewhere else establish timely presentment?
Not necessarily. Missouri law requires delivery to the proper Probate Division, or a qualifying verified statement when the will is unavailable, together with one of the specified requests or authenticated orders. A copy kept by a bank, relative, or lawyer does not by itself establish compliance. Bring the actual filing records for review.
Can all heirs agree to ignore the one-year deadline?
No. Agreement does not create authority that the statute withholds. The heirs can cooperate in obtaining records and using a remaining lawful procedure. The attorney still must determine whether a timely presented will, a qualifying limited procedure, or another statutory provision applies.
What if a will was presented on time but never proved?
The filing history may preserve an important route. RSMo section 473.050 permits a will timely presented under its applicable limits to be proved, and administration granted on it, after that presentation. Confirm that the earlier submission satisfied the statutory definition; merely knowing that someone took a document to the courthouse is not enough.
Does an out-of-state probate case change the analysis?
It can. Section 473.050 contains a separate provision for a will admitted in the deceased person’s domicile outside Missouri during the course of that estate’s administration. Obtain the authenticated order, domicile information, and case status. Do not assume that an out-of-state filing automatically resolves every Missouri property or authority issue.
Is a determination of heirship the same as appointing a Personal Representative?
No. The section 473.663 procedure determines the people entitled to the described property and their interests when its conditions are satisfied. It does not provide the same general authority as full administration. The property description, notice, hearing, decree, and any recording requirements must be handled correctly.
Should we still bring an old or possibly barred will?
Yes. Bring the will and every record of delivery, court filing, publication, or admission elsewhere. Those records may establish timely action or identify a statutory provision that matters. Even if the will cannot be admitted, it can help identify family and property facts that need investigation.
Primary sources for late probate
WHEN GENERAL GUIDANCE IS NOT ENOUGH
Tell us what happened and when the person died.
Jones Elder Law will review the information and contact you about the appropriate next step. The attorney handles the filings and court work while the Personal Representative supplies information, protects property, keeps records, and works with the attorney throughout the case.
Jones Elder Law2085 Bluestone Drive, Suite 204
St. Charles, Missouri 63303636.493.3333Serving St. Charles County, St. Louis County, and families throughout Missouri.
St. Charles, Missouri 63303636.493.3333Serving St. Charles County, St. Louis County, and families throughout Missouri.
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