How Long Does Missouri's Determination of Heirship Take?
The statute sets the shape of the timeline: more than a year after the death before you can file, then publication once a week for four consecutive weeks with the last insertion at least seven days before the hearing, so a hearing cannot come sooner than about four weeks after publication starts. The court sets the hearing date, and your clerk's calendar decides the rest. No source reviewed states how long a petition takes from filing to decree, so this guide does not give a total. This is informational only and is not legal advice.
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The short answer
The statute sets the shape of the timeline: more than a year after the death before you can file, then publication once a week for four consecutive weeks with the last insertion at least seven days before the hearing, so a hearing cannot come sooner than about four weeks after publication starts. The court sets the hearing date, and your clerk's calendar decides the rest. No source reviewed states how long a petition takes from filing to decree, so this guide does not give a total.
What slows families down
- The court's own docket. Missouri requires determination of heirship to be filed with and approved by the court, so local scheduling — which varies by county — sets the floor on how fast this can move, independent of anything you control.
- An administration was commenced, or a will was presented, within the first year. The statute applies only if no administration was commenced on the estate within one year after the date of death and no written will was presented for probate within the § 473.050(3) period. Where an estate was opened or a will was presented in time, the heirs are determined inside that proceeding instead.
- The petitioner does not claim as an heir or through an heir. Only a person claiming an interest in the property as an heir or through an heir may petition. A creditor, or anyone with no interest through an heir, does not qualify.
Why the delay matters: a missing interested person or a notice defect typically means re-noticing, and every week the property stays unassigned is a week a sale, transfer, or account closing stays stuck. The next step is the step-by-step filing sequence.
What actually sets the timeline
The court's calendar and the required notice and clearance steps — not how fast you gather documents. Free one-pager: what to have ready at each step, emailed now. Then a few short follow-ups over the next few weeks — then we stop.