Probate filing can be daunting for those unfamiliar with the system.
Most Americans have a cursory knowledge of probate.
It is something they have heard referenced in television shows or from friends or family who have attempted to navigate a recent death.
Because probate is the court process for overseeing the estate administration of a last will and testament or an intestate estate, most estates require probate to some degree.
The court validates the last will and testament and oversees the paying of debts and distribution of remaining assets.
Although probate laws vary by state, most have a timeline for probate filing.
Failing to meet these deadlines can lead to penalties, delayed distributions, and lawsuits from heirs.
Courts have strict guidelines for probate filing.
Probate laws fall under the purview of individual states.
As such, the timeline for filing with the court can vary from 30 days to several months to one year.
For example, a last will must be filed with the probate court within six months of death or the last will itself is invalid.
In Missouri, that deadline is one year.
Deadlines for aspects of the estate administration are often impacted by the size of the estate, the existence of a valid last will and testament, or the existence of a lawsuit to contest the will.
While some states may have provisions granting informal probate for small estates under a specified monetary threshold, others require all estates to undergo full probate proceedings.
When it comes to "small estates" (an option when no real estate is otherwise subject to probate), the estate value thresholds also vary by state.
In Kansas, the upper limit is $75,000, while in Missouri it is $40,000.
Even when states allow more time for filing and meeting deadlines, beneficiaries and creditors who want their money will likely still push for swift action.
By filing earlier in the probate court, you may preserve more of the estate value and minimize the risk of costly disputes.
Because the death of a loved one is a highly emotional time for families, they often delay probate.
In addition to grief, families confused about the probate process or navigating strained relational dynamics may hesitate to begin proceedings.
Some individuals may assume they can simply avoid the legal process and agree to the terms of distribution themselves.
When families fail to follow the legal requirements, they can create personal liability for the heirs and invalidate asset transfers.
Yikes!
Even those who understand the need to file can create issues by failing to file on time.
Missing deadlines for probate can complicate estate settlement.
Beneficiaries may lose rights to assets, and creditors may have an extended time to pursue outstanding debts.
The probate courts may require more paperwork and hearings to provide additional oversight to the estate administration.
Heirs could even become personally liable for debts owed to creditors.
Although rare, failing to file a probate document by the statutory deadlines may prevent probate from occurring and lead to limbo for the estate.
Although families should prioritize meeting filing deadlines, they should also make sure their documents are in order.
What will executors need to file with the probate court?
The executor will need to gather the estate planning documents and the death certificate.
All liabilities and assets will need to be identified.
Executors should review state laws for exemptions or the use of small estate affidavits.
Families can benefit from consulting with a probate attorney to determine whether the estate would qualify for a simplified probate.
When the individual who died and the designated executors are organized, costly mistakes can be avoided in the filing process and probate proceeding.
Rather than focusing their attention on preparing estate plans, probate attorneys guide surviving loved ones through probate filing deadlines, paperwork, and hearings.
They sort through what deadlines apply to the estate, help prepare petitions, and ensure beneficiaries and creditors are all properly notified.
Working with a probate attorney can protect executors from personal liability by ensuring taxes and debts are paid before asset distribution.
Probate attorneys are essential for situations with complicated family dynamics and complex estates.
While Harvest Law KC does not provide probate services, you can request a consultation if you want to create a comprehensive estate plan to meet your needs while promoting a simple and clear estate settlement.
Probate courts have strict deadlines for filing, both initially and at each stage of estate administration.
Delaying probate can trigger penalties and reduce the rights of heirs in favor of creditors.
Creating and organizing valid estate planning documents will make the process much easier for executors.
Complex estates may benefit from the support of a probate attorney to help comply with state rules and protect heirs and executors.
This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
Reference: NerdWallet (Aug. 17, 2025) “How Long Do You Have to File for Probate After a Person Dies?”
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