What Happens at a Probate Hearing and How to Prepare for it

A probate hearing is a court proceeding where a probate court judge reviews and approves actions related to settling a deceased person’s estate. The personal representative shows documents like the death certificate, asset list, and accounting records to get court approval for managing the estate. The probate hearing process varies between formal probate and informal probate, with judges examining everything from real property transfers to creditor notices.

Multiple court hearings may occur throughout probate proceedings, starting with the initial appointment hearing and ending with final distribution to beneficiaries. Estate executors must follow strict probate laws and procedural regulations in to successfully close probated estates.

Dumm Takeaways

• Probate hearings are court proceedings where judges review estate administration and approve key decisions
• Personal representatives must attend all major hearings, but heirs only need to appear if contesting something
• Bring death certificate, inventory of assets, accounting records, and all required legal documentation
• Missouri requires notice 10 days before hearings; Arkansas has similar notification requirements for all parties
• Initial hearings typically occur 3-8 weeks after filing your probate petition with the court
• Small estate affidavits let you skip formal probate if estates are under $40,000 in Missouri or $100,000 in Arkansas
• Missing documents, late filings, or improper notice can delay your hearing and extend probate administration
• Most routine hearings last 10-20 minutes unless objections or will contests complicate the proceedings

What Actually Happens During a Probate Hearing?

The First Few Minutes in the Courtroom

You’ll check in with the courtroom clerk upon arrival, who will mark your presence on the docket. The personal representative and their probate attorney typically sit at a table facing the probate court judge. Other interested parties, including beneficiaries and creditors, sit in the gallery. The judge will call your case number, and you’ll approach the bench or podium when instructed.

How the Judge Reviews Your Case

The probate court judge examines your probate petition and supporting legal documentation before the hearing begins. During the proceeding, they verify:

• Proper notice of a hearing was sent to all parties
• The death certificate is valid and filed correctly
• Asset valuations and inventory of assets are complete
• All creditor notices were properly published

Questions You’ll Be Asked by the Court

Expect questions about estate management decisions, bank accounts, real property ownership, and whether you’ve located all assets. The judge may ask about outstanding debts, tax returns, and your qualifications to serve as estate executor.

Different Types of Probate Hearings You Might Attend

Initial Hearing for Appointing the Personal Representative

The first court hearing establishes who will manage the estate and grants them legal authority. The judge reviews the will and testament (if one exists), verifies proper notice was given, and issues letters of administration or letters of testamentary. Probate proceedings officially begin once the court approves your appointment as estate executor.

Status Hearings to Check on Estate Progress

Probate administration requires periodic updates to the court. The personal representative reports on:

• Asset distribution progress
• Creditor claims paid or disputed
• Real property sales or transfers
• Tax returns filed with appropriate authorities

Final Hearing to Close the Estate

The probate court judge reviews your final accounting and approves closing probated estates. You will show documents proving all debts are paid, beneficiary designations are followed, and remaining assets are ready to be distributed. Court approval at the final hearing releases you from further duties.

Emergency Hearings When Problems Arise

Legal disputes, will contests, or urgent estate management issues may require immediate court intervention. Emergency probate hearings handle conflicts between beneficiaries, challenges to the personal representative’s actions, or urgent financial issues.

Who Needs to Show Up to a Probate Hearing?

When the Personal Representative Must Attend

The estate executor or personal representative must appear at all major probate hearings in Missouri and Arkansas. Your presence is required for the initial appointment hearing, any status conferences, and the final accounting hearing. Failure to attend can result in removal from your position or delays in probate proceedings.

If You’re an Heir or Beneficiary

Heirs and beneficiaries receive notice of a hearing but typically don’t need to attend unless they plan to contest the will or object to estate management decisions. Your attendance becomes necessary if you’re disputing:

• Asset distribution plans
• The validity of beneficiary designations
• Actions taken by the probate attorney or executor
• Claims against the estate

When Creditors Appear at Hearings

Creditors may attend court hearings to file claims against the estate or challenge denied creditor notices. Most creditors submit written claims without appearing in person.

Virtual Attendance Options in Missouri and Arkansas

Many probate courts now offer probate video appearances through platforms like Microsoft Teams. Check with your local court about virtual hearing link availability and conference ID requirements for remote participation.

How to Prepare Before Your Probate Hearing Date?

Documents You’ll Need to Bring

Gather all legal documentation before your court hearing. Essential papers include:

• Original death certificate
• Your probate petition
• Inventory of assets with current valuations
• Accounting records showing estate transactions
• Proof of creditor notices sent
• Beneficiary contact information

Bank accounts statements, real property deeds, and life insurance policies may also be requested by the probate court judge.

What to Wear and How to Address the Judge

Dress in business attire as you would for a job interview. Address the judge as “Your Honor” and stand when speaking. Speak clearly and answer only the questions asked without volunteering extra information.

Whether You Should Hire an Attorney

A probate lawyer helps you through complex legal proceedings and makes sure that proper procedural regulations are followed. Most personal representatives hire an estate lawyer. They do this especially for formal probate cases with large assets or possible will disputes.

Table: Probate Hearing Preparation Checklist by Hearing Type

Hearing Type	Required Documents	Who Must Attend	Typical Duration	What Judge Approves
Initial Appointment Hearing	Death certificate, probate petition, will (if exists), proposed inventory	Personal representative, probate attorney	15-20 minutes	Letters of administration/testamentary, personal representative appointment
Status/Progress Hearing	Accounting records, creditor payment proof, asset status update	Personal representative	10-15 minutes	Continued authority, expense approvals, timeline extensions
Final Hearing	Final accounting, all receipts, proof of notices, distribution plan	Personal representative, contested beneficiaries	20-30 minutes	Estate closure, final distribution, discharge of personal representative
Emergency Hearing	Emergency motion, supporting evidence, relevant financial records	All parties to dispute	30-60 minutes	Temporary orders, protective measures, immediate issue resolution
Will Contest Hearing	Original will, witness testimony, medical records, capacity evidence	All interested parties, witnesses	1-3 hours	Will validity, proper execution, testator capacity determination

Missouri Probate Hearing Procedures and Timelines

How Missouri Courts Schedule Hearings

Missouri probate courts typically schedule initial hearings within 2-4 weeks after filing your probate petition. The courtroom clerk assigns your case to a probate court judge and provides a hearing date. Some counties offer automated check-in systems for faster processing on hearing days.

Notice Requirements to Heirs and Creditors in Missouri

Missouri probate laws require certified mail notice to all heirs and beneficiaries at least 10 days before court hearings. Creditor notices must be published in a local newspaper for two consecutive weeks. You’ll need to file proof of these notifications with the court before your hearing.

What Missouri Judges Look for During Hearings

Judges verify proper notice was given, review your inventory of assets, and confirm you’re qualified to serve as personal representative. They examine:

• Completeness of legal documentation
• Proper valuation of real property and personal property
• Compliance with Missouri estate planning regulations
• Any objections from heirs or creditors

Arkansas Probate Hearing Procedures and Timelines

How Arkansas Courts Schedule Hearings

Arkansas probate courts set hearing dates based on local court calendars, usually within 30-45 days of filing. The courtroom clerk notifies you of your assigned date and time. Many Arkansas counties now offer probate video appearances for routine court hearings.

Notice Requirements to Heirs and Creditors in Arkansas

Arkansas requires written notice of a hearing sent to all known heirs at least 10 days before the proceeding. Creditor notices must run in a qualified newspaper for one publication. The personal representative files an affidavit confirming all notices were properly sent.

What Arkansas Judges Look for During Hearings

Arkansas probate court judges verify the death certificate, confirm proper notice procedures, and review your qualifications as estate executor. Important examination points include:

• Accurate inventory of assets and valuations
• Proper handling of bank accounts and retirement accounts
• Compliance with Arkansas intestacy laws if no will exists
• Any pending will contests or beneficiary disputes

Table: Missouri vs Arkansas Probate Hearing Requirements Comparison

Requirement	Missouri	Arkansas
Small Estate Threshold	$40,000 (excluding real property)	$100,000
Notice Period Before Hearing	10 days minimum	10 days minimum
Creditor Notice Publication	2 consecutive weeks	1 publication
Average Time to First Hearing	3-6 weeks after filing	4-8 weeks after filing
Formal Probate Required For	Estates over $40,000 or with real property	Estates over $100,000 or contested cases
Virtual Hearing Options	Available in most counties	Available in most counties
Status Hearing Frequency	Every 6-12 months	Every 6-12 months
Typical Probate Duration	9-18 months	12-24 months

What Happens If Someone Objects at Your Hearing?

Common Reasons for Objections

Objections during probate proceedings typically involve disputes over the validity of the will and testament, challenges to the personal representative’s appointment, or disagreements about asset distribution.

Heirs may contest beneficiary designations, claim undue influence occurred, or argue that intestacy laws should apply instead. Creditors sometimes object to denied claims or challenge the inventory of assets.

How the Judge Handles Disputes

The probate court judge listens to all parties and reviews supporting legal documentation. Minor disputes may be resolved immediately, but complex legal disputes require additional evidence and testimony. Judges often refer parties to mediation before scheduling a full evidentiary hearing.

When a Hearing Gets Continued or Rescheduled

Court hearings get continued when objections require more time, documents are missing, or parties need to consult with a probate attorney. The judge sets a new date and may order specific actions completed before the next proceeding.

Your Options If the Will Is Contested

Will contests pause probate administration until resolved. A St. Louis estate executor faced objections from two siblings claiming their mother lacked capacity when signing her will. The probate lawyer presented medical records and witness testimony over three hearings spanning four months. The judge ultimately validated the will, allowing final distribution to proceed as originally planned.

After the Hearing Is Over

Getting Your Letters of Administration or Letters Testamentary

The probate court judge gives letters of administration for estates without a will. The judge gives letters testamentary when a will exists. This happens right after approving your appointment. The courtroom clerk provides certified copies, which grant you court authority to act on behalf of the estate. Most institutions require original letters before releasing assets.

What You’re Allowed to Do Next

Your letters authorize you to access bank accounts, sell real property, collect life insurance policies, and manage retirement accounts. You can now:

• Open an estate bank account
• Pay valid creditor claims
• File tax returns for the deceased
• Begin asset distribution planning

Filing Requirements Between Hearings

Missouri and Arkansas probate laws require periodic accounting records submitted to the court. Your probate attorney will guide you on specific filing deadlines and required legal documentation for your jurisdiction.

When You’ll Need to Return to Court

Status hearings occur every 6-12 months in formal probate cases. The final hearing happens after all debts are paid and you’re ready for final distribution, typically 9-18 months after initial appointment.

Common Mistakes People Make at Probate Hearings

Showing Up Without Required Documents

Personal representatives often forget to bring the original death certificate, inventory of assets, or accounting records to court hearings. The probate court judge cannot proceed without proper legal documentation, resulting in rescheduled hearings and delayed probate administration.

Failing to Notify All Required Parties

Missing even one heir or creditor on your notice of a hearing violates procedural regulations. All beneficiaries, creditors who filed claims, and interested parties must receive proper notification according to probate laws in your state.

Missing Deadlines for Filing Reports

Estate executors must submit periodic accounting records and status reports by court-ordered deadlines. Late filings can result in penalties or removal from your position as personal representative.

Speaking Out of Turn or Arguing With the Judge

Answer questions directly and respectfully during legal proceedings. Never interrupt the probate court judge or argue with their decisions in the courtroom.

A Springfield personal representative arrived at her final hearing without bank account statements or proof of creditor notices sent. The judge delayed the hearing for 60 days. The judge asked for complete accounting records and all supporting documents before approving the final distribution to beneficiaries.

When You Can Skip the Probate Hearing Entirely

Small Estate Affidavits in Missouri and Arkansas

Missouri allows small estate affidavits when the total estate value stays under $40,000 (excluding real property). Arkansas permits simplified procedures for estates under $100,000. Neither state requires formal probate hearings or court approval when using small estate affidavits, saving families months of probate proceedings.

Transfer on Death Deeds and Payable on Death Accounts

Assets with beneficiary designations do not go through probate court. Bank accounts, retirement accounts, life insurance policies, and stocks and bonds transfer directly to named beneficiaries without probate administration. Transfer on death deeds allow real property to pass outside of probated estates.

Other Ways to Avoid Formal Probate

Estate planning tools that eliminate court hearings include:

• Living trust ownership of assets
• Joint ownership with rights of survivorship
• Payable on death designations on accounts
• Trust property held outside the estate

Limits on Simplified Procedures

Real property typically requires some court involvement even in informal probate. Creditor claims, will contests, or legal disputes force cases into formal probate regardless of estate size. Consult a probate attorney to determine your eligibility for simplified procedures.

Frequently Asked Questions

1. How much do probate costs typically run in Missouri and Arkansas?

Probate costs include court filing fees ($150-$400), publication expenses for creditor notices, and attorney fees ranging from 3-5% of estate value. Estates under $40,000 in Missouri or $100,000 in Arkansas may qualify for simplified procedures with lower costs.

2. What happens with intestate succession if there’s no will?

The probate court distributes assets according to state intestacy laws, typically prioritizing spouses and children. The court appoints a personal representative to manage the estate and handle asset distribution to legal heirs.

3. Can I get inheritance funding before probate closes?

Inheritance cash advances are available from private companies who purchase your expected inheritance at a discount. The probate process must be underway, and repayment occurs automatically when you receive final distribution from the estate.

4. Do I need an Employer Identification Number for estate administration?

Yes, the personal representative must obtain an EIN from the Social Security Administration to open estate bank accounts and file tax returns. The IRS issues EINs free of charge online or by mail.

5. Where can I find help with probate forms in Missouri or Arkansas?

Most county probate courts offer Self-Help Centers with free forms and guidance. Many courts also provide online resources and staff assistance for people handling estates without attorneys.

6. Are estate taxes required on all probated estates?

Federal estate taxes only apply to estates exceeding $13.61 million. Arkansas has no state estate tax, and Missouri eliminated its estate tax in 2010, so most families pay no estate taxes.

Conclusion

Probate hearings don’t have to be overwhelming when you know what to expect. Preparing well, submitting documents on time, and getting professional help make the probate process easier. Whether you’re facing your first court appearance or need help with complex estate administration, expert support protects your interests and accelerates resolution. Book a free consultation today to discuss your specific situation.