FAQ: Selling a co-owned property in Missouri to cover funeral and property taxes

Short answer: In Missouri, you generally must determine how the property is owned, check whether one owner died (and if so whether the estate is being administered), and then either sell by agreement with the other owner(s), use a probate or small‑estate procedure to transfer a deceased owner’s share, or ask a court to order a forced sale (a partition action). Proceeds from a sale can be used to pay funeral bills and property taxes, but the proper procedure depends on whether the decedent left an estate, whether you have agreement from co‑owners, and whether there are liens or tax delinquencies. Because rules vary by county and situation, consult a Missouri probate or real estate attorney or the local probate court early.

Detailed answer — step by step (Missouri law)

1. Figure out ownership and immediate priorities

Get the deed or title report. Common ownership types are joint tenancy with right of survivorship or tenancy in common. In joint tenancy, the surviving owner(s) usually take the deceased owner’s interest automatically. In tenancy in common, the deceased owner’s share passes through the estate.
If an owner recently died, obtain a certified copy of the death certificate and check whether a probate case has been opened in the county where the decedent lived or where the property is located.
Identify liens and tax delinquencies. Property tax liens and mortgage or judgment liens typically must be paid from sale proceeds or will remain attached to the property. Contact the county collector or assessor to confirm tax status.

2. If all co‑owners agree to sell

Agree on price and terms, sign a purchase contract, and use an escrow or closing agent. The closing agent will usually handle payoff of mortgages, liens, and property taxes from sale proceeds.
If a co‑owner is deceased and their interest is in probate, the personal representative (executor) must have authority to sell that share. In many cases the probate court must approve sales of estate real property; the closing agent will request court documentation (letters of administration or a small estate affidavit, when applicable).
If proceeds must be used to pay funeral bills, present verified invoices and requests for payment at closing. The estate’s representative typically satisfies funeral bills from estate funds or from sale proceeds after appropriate court approval, if required.

3. If you cannot reach agreement: partition (forced sale)

If one co‑owner refuses to sell, Missouri law allows a co‑owner to file a partition action to divide or force the sale of the property. A partition lawsuit asks the court either to physically divide the land (if fair division is possible) or to order a sale and split the proceeds among owners according to their ownership shares. See Missouri statutes on partition: RSMo Chapter 525 (Partition).

4. When a co‑owner is deceased: probate or small‑estate options

If the decedent left a will or the estate is large, the personal representative appointed by the probate court administers the estate and can sell estate property with court authority. See Missouri probate statutes: RSMo Chapter 474 (Probate Procedure).
If the estate is small and qualifies for a simplified procedure, Missouri allows certain streamlined methods to transfer property or close the estate without full probate. Check the probate court or the Missouri statutes for small‑estate procedures. The probate clerk can explain local practices.
Funeral expenses are usually considered claims against the decedent’s estate. The personal representative should pay reasonable funeral bills from estate assets before distributing funds to heirs, subject to the order of priority required by Missouri law.

5. Property taxes and tax sales

Property taxes are a lien on the property. If taxes are delinquent, counties may sell tax liens or the property at tax sale under Missouri tax statutes. Check with the county collector to learn deadlines and possible cure procedures. See Missouri property tax statutes: RSMo Chapter 140 (Taxation).
When selling at private sale or by court order, closing typically pays off unpaid property taxes from sale proceeds so the buyer receives clear title.

6. Practical documents to have ready

Deed/title and recent mortgage statements
Death certificate if an owner died
Any will or trust documents
Funeral invoices and bills you want paid from sale proceeds
Tax bills and lien information from the county collector

7. When to involve the court or an attorney

If co‑owners disagree about selling, a partition action is often necessary.
If an estate has significant assets, debts, or contested claims (including disputes over funeral bills), the probate court process and an attorney can reduce risk of later disputes.
If taxes are delinquent and a tax sale looms, act quickly and contact the county collector and a real estate or probate attorney to explore options.

Helpful Hints

Start with a title search. It reveals ownership, liens, and whether a deed includes survivorship language.
Talk to all co‑owners early. A voluntary sale is faster, cheaper, and less risky than litigation.
Use escrow at closing to ensure bills (mortgage, liens, taxes, funeral invoices if authorized) are paid out of proceeds in the correct order.
Contact the county probate clerk and county collector for local procedures and deadlines for probate and tax matters.
Keep copies of all invoices, communications, and court paperwork. Accurate records help if a dispute arises later.
When in doubt, seek a Missouri attorney who handles probate and real estate — they can advise whether a short probate, small‑estate process, or partition action is best for your facts.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It summarizes Missouri procedures and statutes in plain language and cannot account for all facts or local rules. For advice about your situation, contact a licensed Missouri attorney or the probate court in the county where the property is located.