Can I Sell an Inherited House Without Probate in Missouri?
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Families ask this in the first week after a funeral, usually while standing in the kitchen of a house nobody planned to sell. The answer depends on two papers: what is recorded on the house, and what the whole estate is worth. Talk to a Missouri probate attorney before you sign anything.
Check for a Beneficiary Deed First
Under RSMo 461.025, a deed that names a beneficiary and says it does not take effect until the owner’s death transfers the house at death, as long as it was signed and recorded before the owner died. For a City of St. Louis house, that record is with the City Recorder of Deeds. For a County house, it is the St. Louis County Recorder of Deeds. If one is on record, the named beneficiary is usually the person who signs the sale deed, and the title company will ask for a certified death certificate.
The Small Estate Affidavit and the $40,000 Line
RSMo 473.097 lets heirs take property without letters testamentary when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000. At least 30 days must have passed since the death, with no probate application pending, and a bond is required for the value of any personal property. A paid-off house worth more than $40,000 does not fit on its own. A house with a mortgage close to its value sometimes does.
When Probate Is the Path
A will alone does not skip probate. Most inherited houses without a beneficiary deed, joint survivorship deed, or trust go through the probate division in the City or the County, and the personal representative signs the deed once letters are issued. Our probate answer and St. Louis County probate page walk through that path.
How We Buy Inherited Houses
We buy inherited houses as-is once the person with authority can sign: the named beneficiary, heirs under an affidavit, or a personal representative. You can take what you want from the house and leave the rest. For the statutes in more depth, read small estate affidavits and beneficiary deeds. If siblings disagree, see selling an inherited house with siblings.
Common Questions
Does a will avoid probate in Missouri?
No. A will is carried out through probate. A recorded beneficiary deed, a joint deed with survivorship, or a trust are the common ways a house passes without probate.
How soon can heirs use a small estate affidavit?
RSMo 473.097 requires at least 30 days to pass after the death, with no probate application pending, and the whole estate less liens and debts must be $40,000 or less.