Petition for Determination of Heirship in Missouri
If more than a year has passed since a loved one’s death and no probate was opened, their property may still be in their name. A petition for determination of heirship asks the probate court to decide, by judgment, who the legal heirs are and what each one receives.
When Is a Determination of Heirship Used?
Under RSMo 473.663, this proceeding is available when:
- More than one year has passed since the date of death.
- No will has been probated and no estate administration has been opened.
- Property such as real estate, a vehicle or an account remains in the decedent’s name.
How the Process Works
- Prepare the petition. It lists the decedent’s date of death and last address, every heir, and each property’s legal description or account details and value.
- File and give notice. The petition is filed with the probate division. Notice is published once a week for four weeks, and each person named receives notice.
- Hearing. The court reviews the evidence of heirship at a hearing.
- Judgment. The court enters a judgment naming the heirs and their shares. For real estate, it is recorded with the Recorder of Deeds to clear title.
Why Work With Legal Hero
Courts reject petitions that are missing property descriptions, heirs or required verification. We prepare a complete petition and proposed judgment so the case moves forward without delays.
Frequently Asked Questions
What if there was a will?
A will generally must be presented to the court within one year of death. After that, a determination of heirship follows Missouri’s intestacy rules instead.
What if an heir has died too?
That heir’s own heirs or estate may inherit their share. The petition lists the heir’s date of death.
Is a court hearing required?
Yes. Unlike an Affidavit of Heirship, this ends in a court judgment, which some title companies and banks require.
Need to transfer property from a loved one who passed more than a year ago? Call Legal Hero at 314-816-3081.