What is Probate?
Probate in Missouri is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or Missouri’s intestacy laws if no will exists.
Where is Probate Handled in Missouri?
Probate in Missouri is handled by the Probate Division of the Circuit Court in the county where the deceased resided at the time of death. Missouri’s 115 counties have Probate Divisions that oversee probate matters.
Key Steps in the Probate Process in Missouri
- File the Will: The executor named in the will must file it with the Probate Division of the Circuit Court. If no will exists, someone must apply to be appointed as the personal representative.
- Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, including real estate, bank accounts, and personal property, and provide a valuation to the court.
- Notify Creditors: Creditors must be notified, and a public notice must be published to alert unknown creditors. Creditors typically have six months to file claims against the estate.
- Pay Debts and Taxes: The estate must settle all debts and pay final taxes, including any applicable Missouri estate taxes.
- Distribute Assets: After debts and taxes are settled, the remaining assets are distributed to the heirs or beneficiaries according to the will, or if no will exists, under Missouri’s intestacy laws.
When Is Probate Required in Missouri?
Probate is required in Missouri when the deceased owned assets solely in their name without a joint owner or designated beneficiary. Probate ensures these assets are properly transferred to heirs or beneficiaries.
Types of Probate in Missouri
- Small Estate Affidavit: If the estate is valued at $40,000 or less, a small estate affidavit can be used to avoid formal probate and expedite the distribution of assets.
- Independent Administration: A streamlined probate process that allows the personal representative to handle most of the estate without court supervision.
- Supervised Administration: Required for larger or more complex estates, or when disputes arise. This process involves active court supervision throughout the probate process.
Avoiding Probate in Missouri
Certain assets in Missouri can bypass probate, including jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets held in a trust.
How Long Does Probate Take in Missouri?
The probate process in Missouri typically takes six months to a year. However, larger or contested estates may take longer, depending on the complexity of the estate.
Common Terms in the Probate Process in Missouri
- Affidavit for Collection of Small Estate: A legal document used to claim small estates without formal probate.
- Intestate: Dying without a valid will.
- Letters Testamentary/Letters of Administration: Court-issued documents granting the personal representative authority to manage the estate.
- Personal Representative: The individual responsible for administering the estate, also known as the executor or administrator.
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