Probate Estates
Probate is the legal process for handling a loved one’s estate, including validating a Will, paying debts, and distributing assets. It must begin within one year of their passing. Our experienced attorneys guide you through each step and help determine which assets must go through probate.
Missouri Estate Process
Avoiding Probate Mistakes
Understanding Probate
In Missouri, heirs have one year after a loved one passes away to open a probate estate if full probate is required. A common issue is believing that a Will automatically controls who inherits property. In reality, a Will has no legal authority unless it is submitted to the probate court within one year of death. If that deadline is missed, the property will pass under Missouri law to the legal heirs rather than to the individuals named in the Will.
When someone dies, each asset must be reviewed to determine whether it transfers automatically or must go through probate. These decisions can be complicated when accounts, real estate, and beneficiary designations are involved. An attorney familiar with probate can assist with identifying which assets require court involvement and how to move forward. If you need help with this process or have questions, we invite you to contact our office to schedule a consultation.
Our attorneys can help you understand the probate process.
Estate Proceedings
Probate Administration
When a probate estate is opened in Missouri, the court appoints a personal representative to handle the estate’s affairs. This person is responsible for gathering all the deceased’s assets to properly manage and distribute them. There are two ways to administer the estate: Independent Administration or Court-Supervised Administration. Working with an experienced probate attorney helps ensure that the administration process runs smoothly, reduces legal risk, and provides guidance through the complexities of Missouri probate law.
A probate estate operating under Independent Administration allows the personal representative to act without court oversight if permitted by the Will or agreed upon by the heirs, making the process faster and less expensive, but also placing greater legal responsibility on the personal representative.
Court-Supervised probate administration requires that the personal representative gain court approval for nearly every step of the process, providing additional legal protection and oversight, but making the process more time-consuming and costly due to additional filings and hearings.
Probate Advice from Attorneys
Assistance with navigating probate estate matters.
Our legal team can help you determine which assets require probate and guide you through the estate administration process.
Navigating the Probate Process
What to Do When a Family Member Dies
When a family member passes away, the first step is to gather information about their assets and debts, locate any estate planning documents, and schedule a consultation with an attorney. It’s important to understand that you may not need to pay the deceased’s debts immediately, and in some cases, it’s better to delay payment. Whether to open a probate estate right away or wait depends on the situation, especially if creditors are involved. An attorney can help make these decisions to protect your family’s interests and avoid unnecessary expenses.
Filing a probate estate with the court may be required depending on how the deceased’s assets were owned and whether payable-on-death (POD) or transfer-on-death (TOD) beneficiaries were named. Assets that do not have designated beneficiaries or are solely in the deceased’s name often must go through probate to be properly distributed. Consulting with an experienced attorney early in the process can help determine which assets require probate and which pass outside of it, avoiding costly errors. Professional guidance during this challenging time can simplify the process and help preserve the value of the estate.
Receive probate guidance from our knowledgeable attorneys.
Contact Us to Schedule a Consultation
We guide you through understanding the probate process. Our team consists of attorneys skilled in handling assets and administering probate estates.
"*" indicates required fields
