Probate Estates 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. The first step is to allow yourself time to grieve your loss. Soon after, preferably within the first few months, you should begin gathering important information such as details about their assets, debts, and any estate planning documents like a Will or Trust. One of the most important early tasks 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.
From our office in Springfield, Missouri, we proudly serve clients throughout the state including Joplin, Rolla, Jefferson City, and Neosho as well as Missouri’s rural and major metropolitan areas.
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!
Frequently Asked Questions About Probate
Probate isn’t always terrible, but it can be slow, costly, and public. In Missouri, the process can take months (sometimes over a year) and involves court oversight, filing fees, and attorney costs. Families often find it stressful during an already difficult time.
It depends on how the assets were owned. If the person left property in their name alone without beneficiary designations or joint ownership, probate is usually required in Missouri. Smaller estates under certain thresholds may qualify for simplified procedures, but larger estates typically need full probate to transfer title, pay debts, and distribute assets legally.
If someone dies in Missouri without a valid will, the distribution of their probate-assets is governed by Missouri’s intestate succession statute, particularly RSMo § 474.010.
If there is a surviving spouse but no children (or other issue), the spouse inherits the entire intestate estate.
If there is a survivor spouse and children (and all those children are also children of the surviving spouse) the spouse receives the first $20,000, plus one-half of the remaining balance; the children divide the rest.
If there are children some of whom are not the children of the surviving spouse, then the spouse inherits half of the intestate estate, and the children receive the other half.
If there is no surviving spouse, the estate passes to the decedent’s children (or their descendants, if a child has predeceased) in equal shares; if there are no children or descendants, then to parents, siblings, grandparents, aunts/uncles, etc., following a specific order of kinship.
Trust distributions are payments or transfers made by the trustee to beneficiaries according to the terms of the trust. These can cover expenses like education, healthcare, or living costs, and the trustee must follow the instructions set by the trust document and applicable law.
Read More About Probate and Trust Administration
What is Probate and Why Should I Avoid It?
Probate is the legal process for handling a person’s assets upon their death. While it ensures proper administration, many families aim to avoid it due to its potentially lengthy, public, and costly nature.
Navigating Trust Administration
Trust administration is the process of carrying out the instructions in a Trust after someone becomes incapacitated or passes away. It requires careful attention to legal duties and financial details.
You Have the Right to Refuse an Inheritance
Did you know that just because you are awarded an inheritance, you don’t have to accept it?
For Guidance on Probate or Trust Administration, Contact Us Today.
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