Most probate problems aren’t caused by the court. They’re caused by documents that were never signed, signed the wrong way, or forgotten in a drawer for twenty years. By the time the family discovers them, the person who could have fixed them is gone. Here are ten of the most common problems, and what you can do now so your family never has to deal with them.
Problems That Start With the Will
1. No will at all. Without a will, Missouri’s intestacy statute decides who inherits. That often means a surviving spouse shares the estate with children, stepchildren receive nothing, and an unmarried partner is left out completely.
2. A missing original. Missouri probate courts generally require the original signed will. A photocopy, or a will last seen in the deceased’s own possession, can lead to a contest or to the estate being treated as if there were no will. Since August 28, 2025, Missouri also recognizes electronic wills, so it’s worth deciding now where your original will be kept and who knows how to find it.
3. No self-proving affidavit. A will without a self-proving affidavit may require the court to hear from the witnesses who watched you sign it, years or decades later. Our article on whether a will needs to be notarized in Missouri explains how a self-proving affidavit avoids that step.
Problems With Assets That Didn’t Need Probate
4. A house without a beneficiary deed. Missouri allows homeowners to record a beneficiary deed that transfers the property at death without probate. It only works if the deed is signed and recorded before death. One sitting in a file cabinet does nothing.
5. An estate just over the small estate limit. Missouri’s small estate affidavit is available only when the estate, after liens and debts, is $40,000 or less. A car and one forgotten bank account can push a family over that line and into full administration. Payable-on-death and transfer-on-death designations keep those assets out of the count.
6. Outdated beneficiary designations. Life insurance, retirement accounts, and POD accounts pass to whoever is named on the form, regardless of what your will says. An ex-spouse or a deceased parent listed as beneficiary can send money to the wrong place or back into probate.
7. Property in another state. A cabin in Arkansas or a condo in Florida usually requires a separate probate proceeding in that state. Holding the property in a trust or using that state’s transfer-on-death options can avoid a second case.
Problems That Put the Wrong People in Charge
8. Minor children named as direct beneficiaries. A child under 18 can’t legally manage an inheritance. If you leave assets to minors outright, a court may need to appoint a conservator and supervise the money until they turn 18, when they receive everything at once. A trust lets you choose who manages the money and when your children receive it.
9. No bond waiver. Unless your will waives it, the personal representative may have to post a bond, which is an annual cost paid from the estate. A single sentence in the will can usually prevent that expense.
10. Missing the one-year deadline. In Missouri, letters cannot be issued if no application is filed within one year of the death. Families often wait while each relative assumes someone else is handling it. Naming a personal representative who knows they have been chosen, and knows where your documents are, prevents that delay.
Plan Now So Your Family Doesn’t Have to Fix It Later
None of these problems is complicated to prevent, and every one is expensive to fix after death. A review of your will, deeds, and beneficiary forms takes far less time than the probate case it can avoid.
Mark Harford Law helps Missouri families build estate plans that work as intended, and guides heirs through probate in Chesterfield and surrounding counties when problems have already arisen. Contact us today to schedule a consultation.