How to Sell a House in Probate in Missouri
Yes. In a Missouri independent administration, the personal representative can sell the house without a court order. In a supervised administration, the probate division has to approve the sale. Before any of that, check whether the house needs probate at all: Missouri has allowed beneficiary deeds for decades, and married couples usually own as tenants by the entirety. Creditors get six months after the first published notice, and every claim is cut off one year after death.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Missouri families with a house in a loved one's estate, including St. Louis City and St. Louis County. General information only; a Missouri probate attorney can confirm the details.
Does the House Go Through Probate?
- Beneficiary deedMissouri's version of a transfer-on-death deed. A recorded beneficiary deed passes the house to the named person outside probate. (RSMo § 461.025)
- Married ownersA deed to husband and wife is generally a tenancy by the entirety, and the survivor owns it.
- Other co-ownersMissouri presumes a tenancy in common unless the deed clearly creates a joint tenancy.
- TrustThe trustee sells under the trust.
- Sole owner, nothing elseThe house goes through the estate, or a small-estate procedure if it qualifies.
Independent or Supervised Administration
Most Missouri estates are run as independent administrations. An independent personal representative can sell estate real estate without a court order. (RSMo § 473.810) If the representative wants a court order anyway, for example to settle a family disagreement, they can get one with the consent of interested persons or after a hearing. In a supervised administration, the court has to approve the sale.
Find out which kind of letters were issued. With independent letters, the personal representative can usually sign a contract and close without returning to court.
The Missouri Path
- 1Secure the house
Locks, insurance and someone checking on it.
- 2Open the estate
In the probate division of the circuit court where the person lived: the 22nd Circuit for St. Louis City or the 21st Circuit in Clayton for St. Louis County.
- 3Letters
Testamentary with a will, of administration without one.
- 4Publish notice
That starts the six-month creditor clock.
- 5Sell and distribute
An independent representative records a deed to pass marketable title.
Want a Number to Compare Against?
Send me the address and a sense of where the estate stands. You'll get an as-is figure the family can weigh against listing, and I'll be honest if listing comes out ahead.
Six Months, and One Year
Claims not filed or paid within six months of the first publication of the notice of letters are barred. (RSMo § 473.360) Separately, any claim not filed within one year of death is unenforceable, whether or not an estate was ever opened. (RSMo § 473.444) Known creditors should get actual notice. A sale can close before the deadlines; just keep enough back to cover claims.
Three Common Outcomes
An Heir Keeps It
One heir buys out the others or takes it as their share.
An Agent Lists It
Best when the house is in good shape and the estate can wait for a buyer. Missouri doesn't require a statutory seller disclosure form, but you can't hide known problems, and lead-paint rules apply to older homes.
An Investor Buys It As-Is
For an older brick house in the city with years of deferred repairs, or heirs living all over, an as-is sale lets the estate skip the work. Selling as-is to a real estate investor strips out most of the work: there are no showings to prep for, no repair bids to collect, no truckloads to the dump, and the closing lands when you want it to. Dennis Buys Houses doesn't make you clean out. Take what you want to keep and leave the rest behind; we'll take it from there. If we come across anything personal or valuable, we'll make sure you get it.
The price accounts for the repairs and risk; the estate gets certainty and almost nothing to manage.
The Keepsake Nobody Knew Was There
When a family is worn down, the belongings get tossed fast, and that's when the irreplaceable things disappear. One family I bought from left a box in the basement with a handmade album inside: a mother's record of her daughter's whole life, which the daughter had never seen. I go through what families leave, and personal or valuable things go back to them. (The full story is on my About page.)
Taxes, the Mortgage and Insurance
Missouri property taxes are due December 31, and unpaid ones eventually lead to a tax sale, run very differently in St. Louis City and St. Louis County. (See Selling a House With Delinquent Property Taxes in Missouri.) A mortgage that falls behind can be foreclosed out of court in a matter of weeks after notice. (See Selling a House in Foreclosure in Missouri.) And an empty house needs the right insurance. (See Selling a Vacant House in Missouri.)
Someone Still Living There
A lease continues after the owner dies, and a relative who won't leave may need a court case to remove. (See Selling a House With Bad Tenants in Missouri.)
Serving From Another State
A nonresident can serve as a Missouri personal representative but must designate a resident agent. Filings can go through your attorney, and Missouri title companies regularly handle remote closings. The house is the hard part from far away.
Following the Proceeds
The mortgage, back taxes and liens are paid first. The rest goes to the estate, then to claims and costs, then to the heirs. Missouri has no inheritance tax and no estate tax, and heirs generally get a stepped-up basis.
When the Family Disagrees
An interested person can ask the court to supervise the estate, which slows decisions down. Heirs who co-own the house and can't agree can file for partition in circuit court. A neutral as-is number sometimes settles things first.
I've Handled an Estate Myself
My mother lived with us in her final months, and I was the one who settled her estate afterward. I'm no attorney and won't act like one. But I know how much the house weighs on you while you're grieving, and I'll be straight with you about the real-estate side, including when an agent is your better bet. (More on my About page.)
Missouri Probate Mistakes
- Missing a beneficiary deed already on record.
- Assuming two names on a deed means joint tenancy.
- Selling in a supervised estate without court approval.
- Ignoring the one-year bar on claims.
- Letting the December 31 tax deadline slide.
- Leaving an empty city house uninsured as vacant.
Where I Fit, and Where I Don't
Missouri estates usually call me when the house needs a lot of work, is still full, has been sitting empty, or nobody in the family lives near St. Louis.
Also, there's no need to empty the house for Dennis Buys Houses. Anything you leave, we take care of.
When it's updated and the estate isn't in a rush, an agent will likely bring a better price, and I'll tell the family so.
However it shakes out, I'll tell you upfront if I'm a good fit or not.
A Family's Experience
“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Yes, in an independent administration. In a supervised administration, the court has to approve the sale.
Six months from first publication of the notice of letters, and in any case no more than one year after death.
Not with an as-is sale. Keep what matters to you; Dennis Buys Houses handles what's left.
Missouri's transfer-on-death deed. Recorded during the owner's life, it passes the house outside probate.
No. Missouri has neither.
The court can supervise the estate, and co-owners can file for partition.
Your circuit court's probate division posts Missouri forms. Key statutes: RSMo § 473.810 (independent powers), RSMo § 473.360 and RSMo § 473.444 (claims) and RSMo § 461.025 (beneficiary deeds).
Missouri Selling Guides
- Selling an Inherited House in Missouri
- Selling a Vacant House in Missouri
- Selling a House With Bad Tenants in Missouri
- Selling a House in Foreclosure in Missouri
- Selling a House With Delinquent Property Taxes in Missouri
See What the House Brings As-Is
Give me the address and where the estate is. I won't advise you on the law, but I'll tell you what the house brings as-is, how a sale fits the court steps, and whether listing would net the heirs more.