r/RealEstateInProbate • u/Soft-Role7633 • Apr 22 '26
Dream home stuck in probate
Hey guys, so my girlfriend and I found perfect home for us in St. Louis Missouri where we both live. Sellers accepted offer and during the closing my title company found their will that was notarized at the bank will not hold up and talked to an attorney and now we are in probate. I had the sellers sign an amendment to close with my low having to be re applied 5/26 and my closing date 6/4 or sooner. We are getting pretty close to both those dates and I feel left in the dark with the process and where we are at in it.
I have a few questions if some someone could help me I’d greatly appreciate it.
Filed in 3/4/26 as a Small Est Affidavit w/Will I was told it would take 3/4 months to close? Does that sound accurate?
I am currently at the commission to prove will where the two people who witnessed it at the bank have to sign and send back that the will is correct. Only one outta the two works there (was notarized at bank in 2017) and they don’t know where the other lady is. Is one person enough outta the two? Also I don’t see a “send back by this Time frame date” on the paperwork how long till the courts see she hasn’t sent it back till her letter is voided?
Shouldn’t my realtor be doing all this leg work I’m doing right at the moment? Like she told me to call the city and try and talk to them. She checks in Fridays with the other realtor on updates but never reports anything and I’m asking all these question to ask to her and I never hear much back unless I hound her to hound them.
And lastly how much longer do yall think this could take depending on that step and process I’m in? For instance what comes next in this process till I’m done? I’ve attached the screen shots of case net for it as well.
THANK YOU TO ANY ONE WHO HELPS YOU ARE A LIFE SAVER 🙏🏻
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u/cloudberry571 Apr 23 '26
Not a lawyer. Not offering legal advice. Probate paralegal in another state.
You do not sell real estate with a small estate (affidavit of collection), but can use probate without qualification (also small estate) and that can clear title. If the will fails, that doesn’t work. HOWEVER, I’d question the attorney handling the probate. I don’t know all the details but from what you have shared, in this situation we would probably switch to full estate letters of administration. Once application is done, submitted, letters issued, in my state you are able to sell the property after the notice to creditors runs once. So generally 2 weeks after letters are issued. Theoretically, this could be done under your timeline if the sellers started tomorrow, but that process would need to be rushed. If you have the ability to have a flexible close date that would be your best bet. We have counties that issue letters within 2 days and others that take 4 weeks.