The Probate Process Explained: Complete Timeline and Steps for 2026

By Christopher W. Dumm, J.D., Founder & Principal Attorney, The Law Offices of Christopher W. Dumm

Most estates take 6 to 12 months, though complex situations stretch longer. The timeline depends on estate value, asset types, and whether family members agree. If someone you love has passed away, you’re probably wondering what probate actually involves and how long it takes. I’ve walked hundreds of families through this process across Missouri and Arkansas since 1997.

Let me explain exactly what happens at each stage so you know what to expect.

Dumm Takeaways

• A Will guides probate but doesn’t prevent it. Different tools avoid court entirely.
• Simple Missouri estates under $40,000 and Arkansas estates under $100,000 qualify for simplified procedures.
• Expect six to twelve months for straightforward estates. Disputes and complex assets add years.
• Beneficiary designations on retirement accounts and bank accounts bypass probate completely.
• Executors face personal liability for premature distributions before the creditor claims period closes.
• Revocable living trusts keep your estate private and avoid probate costs and delays.
• Professional guidance prevents costly mistakes that extend timelines and drain estate value unnecessarily.

Month-by-Month Timeline From Death to Distribution

What actually happens in the first 90 days

The first three months feel overwhelming. You’re grieving and suddenly you’re filing court petitions. I walk families through obtaining the original death certificate, locating the will, and filing the initial application with probate court.

The court schedules a hearing, appoints the personal representative, and issues Letters Testamentary. This legal authority lets you access bank accounts, secure real property, and start managing the decedent’s estate properly.

Notice to creditors and beneficiaries in Month 1 and 2

Once appointed, you must notify everyone with a legal interest. Missouri and Arkansas require published notice to creditors in local newspapers and direct written notice to known creditors and family members.

I had a Bentonville client in 2022 who skipped this step, thinking it wasn’t necessary. A creditor appeared eight months later, and we had to reopen parts of the case, costing the estate an extra $3,200.

The inventory and appraisal process in Month 2 and 3

You’ll document every probate asset the deceased person owned. This includes real estate, stocks and bonds, retirement accounts without beneficiary designations, and personal effects. Missouri courts typically want this inventory filed within 90 days.

I recommend hiring professional appraisers for valuable real property and business interests. Accurate valuations protect you from personal liability and help calculate estate taxes if the estate exceeds federal thresholds.

The creditor claims period in Month 3 through 6

Creditors get a specific window to file claims against the estate. In Missouri, this period runs six months from the notice date. Arkansas gives creditors similar timeframes. During this period, you’ll receive bills for medical expenses, credit cards, and final utilities.

A 68-year-old Webb City executor I worked with last year felt guilty rejecting an invalid claim from her father’s former business partner, but I explained that protecting the estate for rightful beneficiaries was her legal duty.

How to manage estate assets while probate is ongoing

You’re now managing someone else’s property under court supervision. Pay ongoing expenses like mortgages, insurance, and property taxes from estate funds. Keep meticulous records of every transaction. Don’t distribute anything to beneficiaries yet, even if they’re pressuring you.

I’ve seen personal representatives face personal liability for premature distributions when unexpected creditors appeared. Maintain separate estate bank accounts and never commingle funds with your own finances.

Final accounting and distribution in Month 6 through 12 and beyond

After the creditor period closes, you’ll prepare a final accounting showing all estate transactions. This document lists every asset received, every bill paid, and proposed distributions to heirs. The court reviews your accounting, and beneficiaries can object. Simple estates close in six to nine months.

Complex estates with business interests or estate litigation can stretch two years or longer. Once the court approves your accounting, you finally distribute remaining assets according to the will or intestate succession laws.

Closing the estate and getting the court’s final blessing

The final step requires filing a petition for discharge, proving you’ve completed all duties. The court issues an order releasing you from further responsibility. Keep copies of this court order permanently. It protects you if questions arise years later about your administration. I always tell clients this final document is your legal shield, proof you fulfilled your duties properly and can finally close this difficult chapter.

Money Thresholds That Trigger Probate in Missouri and Arkansas

When the estate is considered small in the Show-Me State

Missouri sets the small estate threshold at $40,000 in probate assets. This excludes nonprobate assets like joint bank accounts, retirement plans with beneficiary designations, and real property held in joint ownership. I had a Joplin widow last year whose husband left $38,000 in a solely-owned account. We used the simplified Refunding Bond process, saving her $2,500 in probate costs.

What qualifies as a small estate in the Natural State

Arkansas allows small estate affidavits when the value of the estate stays under $100,000. This higher threshold helps more families avoid formal probate proceedings. A 52-year-old Bentonville daughter used this process in 2023 for her mother’s $87,000 estate. She collected bank accounts and transferred real estate without hiring a probate lawyer or filing extensive court petitions, completing everything in six weeks.

The simplified probate process for modest estates

Small estates qualify for streamlined procedures in both states. You file a simplified affidavit with supporting documents instead of full court petitions. Here’s what you typically need:

• Certified death certificate
• Copy of the will if one exists
• List of all probate assets and their values
• Names and addresses of heirs or beneficiaries
• Affidavit confirming the estate meets threshold requirements

The court reviews your paperwork and typically approves distribution without formal hearings or prolonged court supervision.

The formal probate process for larger estates

Estates exceeding state thresholds require full probate proceedings. You’ll file a formal petition, attend hearings, publish legal notices, and submit detailed accountings. The court appoints you as personal representative through Letters Testamentary.

This supervised administration protects creditors and beneficiaries but adds months to the timeline. Probate fees increase proportionally with estate value, often reaching thousands of dollars for estates with significant real property, stocks and bonds, or business interests.

Table: Missouri vs. Arkansas Probate Requirements Comparison

Requirement	Missouri	Arkansas
Small Estate Threshold	$40,000	$100,000
Simplified Process Name	Refunding Bond / Small Estate Affidavit	Small Estate Affidavit
Creditor Claims Period	6 months from notice	6 months from notice
Waiting Period Before Filing	Immediate	45 days after death
Court Filing Required	Yes (for Refunding Bond)	No (affidavit presented directly)
Typical Timeline (Simple Estate)	6-9 months	4-8 months
Typical Timeline (Complex Estate)	12-24+ months	12-24+ months
Average Attorney Fees	3-5% of estate value	3-5% of estate value
Court Filing Fees	$200-$400 (varies by county)	$150-$350 (varies by county)
Publication Requirement	Yes (local newspaper)	Yes (local newspaper)

Missouri-Specific Probate Procedures and Forms

Required court forms for opening probate in Missouri

Missouri probate starts with specific court forms that vary slightly by county. You’ll need the Petition for Probate, Statement of Interested Parties, and Application for Letters. I help clients gather the original death certificate, the will, and a list of heirs with current addresses. Each document must include exact legal descriptions of real property and accurate valuations of probate assets.

The Refunding Bond process for smaller estates

Missouri offers a simplified Refunding Bond option for estates under $40,000. The personal representative posts a bond equal to the estate value, and beneficiaries sign affidavits agreeing to return funds if creditors appear later.

A 45-year-old Carthage client used this in 2023 for her aunt’s $36,000 estate. We completed the entire process in five weeks without formal hearings, saving approximately $1,800 in attorney fees and court costs compared to traditional probate proceedings.

County-specific filing requirements across the Show-Me State

Each Missouri county runs its probate court differently. Jasper County requires different fee schedules than Greene County. Some counties accept electronic filings; others demand paper originals.

I’ve practiced across Missouri since 1997, so I know these local variations. A Springfield executor I worked with last year initially filed in the wrong format for Greene County, delaying his case three weeks. Local knowledge matters when you’re managing someone’s estate under time pressure and family expectations.

Arkansas-Specific Probate Procedures and Small Estate Affidavits

The step-by-step process of using a small estate affidavit

Arkansas lets you bypass formal probate when estates stay under $100,000. Wait 45 days after death, then prepare a Small Estate Affidavit listing all probate assets and heirs. Attach a certified death certificate and present the affidavit to banks, title companies, or anyone holding the decedent’s property. They release assets directly to beneficiaries without court orders or lengthy proceedings.

Which assets qualify and which don’t under Arkansas law

The $100,000 threshold only counts probate assets owned solely by the deceased person. Exclude joint bank accounts with survivorship rights, retirement accounts with beneficiary designations, life insurance proceeds, and real property held as joint tenants.

A 61-year-old Rogers son came to my office in 2022 thinking his father’s $145,000 estate was too large. After removing $58,000 in retirement plans and a $35,000 life insurance policy, the probate estate totaled just $52,000, perfect for the simplified process.

Required forms and county filing requirements in Arkansas

Arkansas small estate affidavits don’t require probate court filing in most cases. You present the affidavit directly to financial institutions and record it with the county clerk for real estate transfers. Benton County has different deed recording fees than Washington County.

Some Arkansas counties want additional documentation proving heir relationships. I’ve handled hundreds of these across Northwest Arkansas since opening our Bentonville office. Local knowledge prevents rejected affidavits and frustrated families dealing with already difficult circumstances.

Not All Assets Have to Go Through Court

Assets with beneficiary designations that bypass probate entirely

Smart estate planning means titling assets to avoid probate court. These nonprobate assets transfer directly to named beneficiaries without court supervision:

• Retirement accounts and IRAs with designated beneficiaries
• Life insurance policies and annuities
• Bank accounts with pay on death designations
• Investment accounts registered in beneficiary form
• Profit sharing plans and pension benefits

A 58-year-old Neosho widow received $340,000 from her husband’s retirement plans and life insurance within three weeks of his death because he’d named her as beneficiary on every account.

The power of a Transfer-on-Death Deed for real estate

Missouri and Arkansas both recognize Transfer-on-Death Deeds for real property. You record a deed during your lifetime naming who inherits your home after death. The property transfers automatically without probate proceedings.

I helped a Springfield couple in 2023 deed their $285,000 home to their daughter this way. After they passed, she took the death certificate and recorded deed to the county recorder’s office, gaining full ownership in two weeks.

How joint ownership with survivorship rights works

Joint bank accounts and jointly-titled real estate with survivorship rights pass automatically to the surviving owner. The asset never enters the probate estate. This works beautifully for married couples but creates problems in blended families. I’ve seen adult children from first marriages lose inheritance when a parent adds a new spouse to all accounts. Joint ownership is simple but requires careful planning to match your actual wishes.

Opening the Estate and Filing the Initial Petition

What happens in Week 1 through 4 after death

The first month involves gathering documents and filing court petitions. You’ll need multiple certified death certificates for banks, insurance companies, and the court. Locate the original will if one exists. I help families prepare the petition for probate, listing all known heirs and estimated asset values. The court schedules an initial hearing, typically three to four weeks out, where interested parties can object.

How the court appoints the executor or personal representative

The will usually names an executor, but the court must formally appoint them. At the hearing, the judge confirms the will’s validity and the executor’s qualifications. If someone contests the appointment or questions the will’s authenticity, the process gets complicated.

A 49-year-old Webb City client faced opposition from her brother in 2022 when their mother’s will named her as personal representative. We presented evidence of her financial responsibility and local residence, and the judge approved her appointment after a 20-minute hearing.

Obtaining Letters Testamentary and legal authority to act

Letters Testamentary are your official power to manage the decedent’s estate. Banks and financial institutions require this document before releasing any information or funds. You’ll receive certified copies from the probate court after your appointment hearing.

Keep several originals because institutions often demand their own copy. I once watched a frustrated executor spend two extra weeks waiting for additional certified copies because three different banks each insisted on keeping an original.

The difference between formal and informal probate procedures

Formal probate means full court supervision with regular accountings and court approvals for major decisions. Informal probate, called unsupervised administration in some jurisdictions, gives the personal representative more autonomy. The executor manages estate affairs independently and files a final accounting only when closing.

Missouri and Arkansas both offer informal procedures for uncontested estates. Formal probate becomes necessary when disputes arise, beneficiaries contest the will, or creditors challenge distributions. I recommend informal administration whenever family harmony exists and the estate seems straightforward.

The Role and Responsibilities of the Executor

What the executor must do with or without a will

Your duties as personal representative stay roughly the same whether a will exists or not. You gather and protect all probate assets, pay valid debts and estate taxes, file tax returns, and distribute remaining property.

With a will, you follow the decedent’s instructions. Without one, you distribute according to state intestate succession laws. Either way, you’re legally responsible for proper estate administration.

The legal authority granted by the probate court

Letters Testamentary give you power to act on behalf of the estate. You can access bank accounts, sell real property, collect debts owed to the deceased person, and make distributions to beneficiaries.

This authority comes with limits. Major decisions like selling real estate often require court approval in formal probate. You cannot use estate funds for personal benefit or favor one heir over others based on your preferences.

Personal liability risks executors face

Mistakes can make you personally liable for estate losses. I’ve seen executors pay from their own pockets when they distributed assets prematurely and creditors appeared later. A 55-year-old Joplin executor learned this hard lesson in 2021 when she gave her siblings their inheritance before the creditor claims period closed. A $12,000 medical bill surfaced, and she had to write a personal check because the estate funds were already gone.

When an executor should hire an attorney

Complex estates need professional guidance. I recommend legal advice when the estate includes business interests, disputed property values, family conflicts, or estates exceeding $1 million where estate taxes apply. Even modest estates benefit from attorney help if you’re unfamiliar with probate procedures.

A 62-year-old Bentonville client tried handling his father’s straightforward $180,000 estate alone in 2023. Three months in, facing rejected court filings and confused beneficiaries, he hired me. We corrected his mistakes and completed the case, but it cost more than if he’d started with professional help.

What Drags Out Probate and How to Speed Things Up

Family disputes that can add years to the process

Nothing delays probate like fighting siblings. Will contests, disputes over personal effects, and arguments about asset valuations can extend a six-month process into a three-year nightmare. I’ve mediated countless family conflicts over estates.

A 2020 case in Springfield involved three adult children who couldn’t agree on selling their mother’s home. The probate litigation stretched 26 months, costing the estate $34,000 in legal fees and reducing everyone’s inheritance substantially.

Complex assets like businesses and out-of-state property

Business interests require professional valuations, potential buyer negotiations, and complex tax filings. Real property in multiple states means opening ancillary probate proceedings in each jurisdiction.

I worked with a 67-year-old Carthage widow in 2023 whose husband owned rental properties in Missouri, Arkansas, and Texas. We filed separate probate cases in three states, coordinating three different courts and tripling the normal timeline and probate costs.

Tax complications that slow everything down

Estate tax returns take months to prepare for larger estates. The IRS gets nine months to audit your return, and probate cannot close until tax issues resolve. Even estates below federal thresholds face income tax complexity when retirement accounts, stocks and bonds, or rental properties generate ongoing income. Missing tax deadlines creates penalties that drain estate value and extend the entire probate process unnecessarily.

Practical tips to expedite probate without cutting corners

You can speed things up with organized preparation and proactive communication. Here’s what actually works:

• Gather all financial documents immediately after death
• Open estate bank accounts within the first two weeks
• Communicate regularly with beneficiaries to prevent misunderstandings
• Respond promptly to court requests and creditor inquiries
• Hire appraisers early for complex assets
• File all required notices on time

I’ve seen well-prepared executors close straightforward estates in five months by staying organized and addressing issues before they become problems.

The Cost of Probate and Why You Might Want to Avoid It Entirely

The fees and expenses that come with probate

Probate costs eat into your family’s inheritance. Court filing fees range from $200 to $400 depending on county. Attorney fees typically run 3% to 5% of estate value. Add appraisal costs, accounting fees, and publication expenses. A $300,000 estate can easily spend $10,000 to $15,000 on probate costs before beneficiaries receive anything.

The financial burden on your heirs without a clear plan

Families without proper estate planning face the highest costs. Contested wills mean probate litigation with attorney fees exceeding $50,000 in some cases. Heirs often wait 12 to 18 months for distributions.

A 71-year-old Neosho man died in 2022 without a will, owning a farm and small manufacturing business. His four children spent $67,000 and 22 months fighting over business valuation and property division.

The power of a revocable living trust

A revocable living trust holds your assets during life and distributes them after death without probate court. You maintain complete control as trustee, changing beneficiaries or selling property anytime.

At death, your successor trustee distributes assets privately according to trust terms. No court supervision, no public records, no probate fees. I’ve helped hundreds of families use trusts to preserve wealth for beneficiaries.

How trusts protect privacy and reduce costs

Probate creates public records anyone can access. Your assets, debts, and family disputes become courthouse entertainment. Trusts stay completely private. Your beneficiaries, asset values, and family arrangements remain confidential.

A Springfield business owner came to me in 2023 worried about competitors learning his wealth. We transferred his real property, retirement accounts, and business interests into a revocable living trust, ensuring complete privacy.

Other strategies to keep assets out of court

Probate avoidance uses multiple tools beyond trusts. Consider these options:

• Transfer-on-Death Deeds for real estate
• Beneficiary designations on all retirement plans and bank accounts
• Joint ownership with survivorship rights for married couples
• Gifting property during life using annual exclusions
• Small business succession planning with buy-sell agreements

Each strategy works differently for different families. I customize plans based on your specific assets, family dynamics, and goals.

How your private family matters become public record in probate

Probate court files become permanent public records. Your will, asset inventory, creditor claims, and family disputes get filed at the courthouse where anyone can read them. Curious neighbors, estranged relatives, and opportunistic salespeople access these documents freely.

I’ve seen families embarrassed when local newspapers reported estate values and beneficiary disputes. Privacy matters, especially for families with significant wealth, family businesses, or complicated personal situations requiring discretion and confidentiality.

Frequently Asked Questions About Probate Timeline

1. How long does probate actually take in Missouri and Arkansas?

Simple, uncontested estates typically close in six to twelve months. Complex estates with business interests, disputes, or tax complications can stretch two years or longer depending on specific circumstances and court schedules.

2. Can I distribute any assets to beneficiaries before probate closes?

Generally no. I strongly advise waiting until the creditor claims period closes and all debts are paid. Premature distributions can make you personally liable if unexpected creditors or expenses appear later in the process.

3. What happens if I miss a court deadline during probate?

Missing deadlines can delay the entire case and potentially result in removal as personal representative. Courts take filing deadlines seriously. I help clients track all required dates to avoid complications that extend timelines unnecessarily.

4. How long do creditors have to file claims against the estate?

Missouri gives creditors six months from published notice. Arkansas has similar timeframes. You cannot close the estate or make final distributions until this creditor claims period expires completely, protecting you from later liability.

5. Can probate be expedited if all beneficiaries agree on everything?

Yes, absolutely. Family cooperation dramatically speeds things up. When everyone agrees on asset distribution and signs necessary waivers, I’ve closed straightforward estates in four to five months instead of the typical eight to twelve months.

6. What’s the longest part of the probate timeline?

The creditor claims period typically consumes the most time, running three to six months. After that, preparing the final accounting and getting court approval adds another two to four months depending on estate complexity.

7. Does hiring an attorney speed up or slow down probate?

Hiring experienced legal advice usually speeds things up significantly. I prevent filing errors, missed deadlines, and procedural mistakes that cause delays. DIY executors often spend extra months correcting problems that proper guidance would have prevented initially.

Conclusion

Probate doesn’t have to feel overwhelming. I’ve guided families through this process for 27 years across Missouri and Arkansas, explaining complicated procedures with clarity and compassion. You’re known by your name here, not a case number.

Good planning now can avoid probate entirely through trusts and beneficiary designations, or we can walk you through the process if you’re facing it today. Let’s discuss your family’s specific situation and create a plan that brings genuine peace of mind.

Schedule your free consultation today