What probate means for the house
Probate is the court process for settling a person's affairs after death. In Missouri it is handled by the probate division of the circuit court in the county where the person lived. For our service area, that means the 22nd Judicial Circuit for the City of St. Louis, the 21st Circuit for St. Louis County, the 11th Circuit for St. Charles County and the 23rd Circuit for Jefferson County.
When a house is part of a probate estate, nobody can simply sign it over because they are the oldest child or were named in the will. The court appoints a personal representative — often called the executor when there is a will, or the administrator when there is not — and issues letters that give that person authority to act for the estate. A title company will want to see those letters before it closes a sale.
Not every house has to go through probate. Property held with a right of survivorship, placed in a living trust, or covered by a recorded beneficiary deed typically passes outside of probate. If you are not sure which applies, our page on selling an inherited house walks through the common scenarios.
Three situations we see most often
1. Probate is open
If a personal representative has already been appointed, the house can usually be sold while the estate is open. Missouri has two main kinds of administration:
- Independent administration. The personal representative can generally handle the estate, including selling real estate, with less court involvement, subject to the will, the statutes and notice to interested persons.
- Supervised administration. The court is more closely involved, and a sale of real estate generally needs court approval before closing.
Either way, the personal representative signs the deed on behalf of the estate, and the estate's attorney usually coordinates the paperwork with the title company.
2. A small estate affidavit may work
Missouri has a simplified procedure, often called a small estate affidavit, under section 473.097 of the Missouri statutes. Generally, it can be used when the value of the entire estate, less liens, debts and encumbrances, is $40,000 or less, at least 30 days have passed since the death, and no full probate case is pending. The affidavit is filed with the probate division of the circuit court, and when the property listed is worth more than $15,000, a notice to creditors must be published. Because the limit counts real estate, it tends to fit modest houses or houses with significant debt against them. The probate clerk or an attorney can tell you whether your situation qualifies.
3. Probate was never opened
This is one of the most common reasons houses end up with a messy title. The owner died — sometimes many years ago — and the family kept living in the house or let it sit, but nobody opened an estate. Missouri generally limits how long after a death a will can be presented or a full administration can be opened (usually one year, with some exceptions). After that, other court procedures, such as a proceeding to determine heirship, may still be available to establish who inherited the property. When heirs have also died in the meantime, the chain gets longer and it may become heirs' property.
How long does probate take?
There is no fixed timeline. Missouri gives creditors a window to file claims against an estate — generally six months after the first publication of notice, and claims are generally barred one year after death regardless — so most full administrations stay open for at least several months. Disputes between heirs, missing heirs, or title problems with the house can stretch that out much longer. A small estate affidavit is usually faster, but it only fits certain estates.
Meanwhile, someone has to keep paying the insurance, utilities and property taxes on the house. That carrying cost is one reason many personal representatives decide to sell sooner rather than later.
Selling a probate house to Messy Title STL
A direct sale can make sense when the house needs work, the heirs are spread out, the estate needs cash to pay bills, or there are title issues that make a traditional listing difficult. Here is how it typically works with us:
- Tell us about the property and the estate. The address, whether a probate case exists, and who is involved. A case number helps.
- We review the title and the estate records. We look at the chain of title, the probate file if there is one, taxes and liens, and flag anything that could hold up a closing.
- We explain your options. That may be a cash offer from us, a suggestion to list with an agent, or a recommendation to talk with a probate attorney first.
- Close with the right signatures. We coordinate with the personal representative, the estate's attorney and the title company so the sale meets the court's requirements.
Important: We are real estate investors, not attorneys. We can explain what we see in the records and how a sale works from the buyer's side, but questions about your duties as a personal representative, creditor claims or how proceeds are divided belong with a Missouri probate attorney.
We buy probate and estate houses throughout St. Louis City, St. Louis County, St. Charles County and Jefferson County. Send the free review form or call (314) 226-8616 to talk it through.
Frequently Asked Questions
Can an executor sell a house in Missouri without all the heirs agreeing?
A court-appointed personal representative has authority to act for the estate, and in many cases that includes selling real estate. Depending on the type of administration and the will, the sale may require notice to interested persons or court approval, and heirs can raise objections with the court. A probate attorney can explain the exact requirements for your estate.
Do I need an attorney for probate in Missouri?
Most full probate administrations in Missouri involve an attorney, and it is generally a good idea when real estate is involved. Simplified procedures such as the small estate affidavit are more straightforward, and the probate clerk can explain the forms, though clerks can't give legal advice.
Can you buy a house that is still in probate?
Often, yes. When a personal representative has been appointed, we can make an offer and close once the estate has the authority it needs to sell — which may include court approval in a supervised estate. We work with the estate's attorney and the title company on the details.
What if the owner died years ago and probate was never opened?
That is very common and it is fixable, but the route depends on the facts. Missouri generally limits opening a full administration after one year, so other procedures, such as a determination of heirship, may be needed. The first step is figuring out who the heirs are and what is on the title — our free review is a good place to start.
Does the house have to be repaired or emptied before a probate sale?
Not if you sell to us. We buy as-is, which can be a relief for personal representatives who live out of town or who don't want the estate to spend money on repairs.
Not legal advice. Messy Title STL is a real estate investment company. We are not a law firm, we are not attorneys, and we are not a title insurance company. Nothing on this website is legal, tax or financial advice. Every situation is different; for advice about your specific situation, talk with a Missouri-licensed attorney or tax professional.