Probate and Trust Administration
In Missouri, a Will must be filed with the probate court within one year of death, or it becomes legally ineffective. If probate isn’t opened in time, the estate is distributed based on state law—not the wishes outlined in the Will.
Assets held in a Trust usually avoid probate, making the process faster and more private for beneficiaries. While administering a Trust can be simpler, working with an attorney helps ensure everything is handled correctly and in line with the Trust’s terms.
Estate & Trust Administration
Administration Guidance
What to Do When a Family Member Passes Away
Losing a loved one is a difficult and emotional experience and handling their estate can feel overwhelming. One of the first steps is to gather important information, including details about their assets, debts, and estate planning documents such as a Will or Trust. The primary concern is determining whether probate is required.
Assets owned jointly, having proper beneficiary designations, or those owned by a trust generally transfer to heirs without the need for probate. However, if probate is necessary, it can be filed with the court whether or not the deceased person had a Will. Having a Will simplifies estate administration. But if there is no Will, state law determines who inherits. Consulting an attorney can provide clarity and direction, helping you navigate probate, trust administration, and other legal matters.
For guidance on probate or trust administration, contact us today.
Probate Estates
Understanding the Probate Process in Missouri
Probate is the legal process of settling an estate, which may involve validating a Will, paying debts, and distributing assets to heirs. To initiate probate, an interested party—usually the personal representative (executor) named in the Will or a close relative—must file the necessary paperwork with the local probate court within one year of the person’s death. Once the probate estate is opened, the court formally appoints a personal representative to manage the estate, oversee financial obligations, and ensure assets are distributed properly.
In Missouri, probate is handled through either Independent Administration or Court-Supervised Administration. Independent Administration allows the personal representative to manage the estate with little court involvement, lowering costs and speeding up the process. It’s allowed if stated in the Will or if all heirs agree. Alternatively, Court-Supervised Administration requires court approval for most actions, making it slower and more expensive but offering more oversight. The best option depends on the estate’s complexity and how much supervision is needed to ensure fair asset distribution.
We can file your probate estate in Greene, Christian, and Webster County, Missouri.
You deserve legal guidance you can count on.
Small Estate
What if the Estate is Worth Less Than $40,000.00?
If a deceased person’s estate is worth less than $40,000, Missouri allows an heir to file a Small Estate with the Probate Court, avoiding full probate. The heir must ensure all debts are paid before claiming and distributing assets. This simplified process is faster, more affordable, and ideal for modest estates. Unlike full probate, a Small Estate can be filed even after one year from the date of death.
Missouri law provides another option called Refusal of Letters for surviving spouses or minor children on minimal estates. This allows them to file a court document stating they are entitled to inherit all assets from a small estate. This simplified process helps families settle nominal estates quickly, with fewer legal costs and delays.
Estates under $40,000 generally avoid full probate unless they involve insurance proceeds or pending litigation.
Contact us to assist with filing a Small Estate in Southwest Missouri.
Trust Administration
Your Role as a Trustee: Administering and Distributing a Trust
Trust administration is the process of managing and distributing a deceased person’s assets according to the terms of their Trust, allowing beneficiaries to receive their inheritance without going through probate. The Trustee, the person designated to oversee the Trust, is responsible for gathering assets, paying debts, and distributing property to beneficiaries as outlined in the Trust document. This process helps ensure a smooth transition of assets while maintaining privacy and efficiency compared to probate.
While trust administration is often more straightforward than probate, it can still present legal and financial challenges. Trustees must navigate their fiduciary responsibilities, interpret trust provisions, and handle potential disputes among beneficiaries. In these situations, consulting an experienced trust attorney can provide guidance, help to avoid costly mistakes and ensure the Trust is administered correctly.
Need assistance with trust administration? We’re here to help!
For Guidance on Probate or Trust Administration, Contact Us Today.
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