When someone dies either with or without a will, their estate will typically have to go through the probate process. If you’ve been appointed as the administrator of your loved one’s estate, you’ll be tasked with completing a variety of steps before you can officially close out your loved one’s estate. For comprehensive representation through the probate process, simply contact our skilled St. Louis estate lawyers today.
Probate Lawyers Representing Families in St. Louis County
One of the biggest mistakes anyone can make is going through the probate process without a skilled team of lawyers in their corner. Probate is complex, and even “small” mistakes can have significant consequences. Fortunately, if you’re reading this, you’ve come to the right place. Our firm has extensive experience handling probate-related matters, and we’re here to put that experience to work for you as well.
What is Probate?
Probate is the legal process through which a deceased person’s estate is administered and distributed. In Missouri, probate serves to validate a will (if one exists), settle any debts or taxes owed by the estate, and distribute the remaining assets to the rightful heirs or beneficiaries. This process involves court supervision to ensure that all legal and financial obligations are properly addressed before closing the estate.
There are different types of probate procedures available in Missouri, depending on the size and complexity of the estate:
- Full Probate Administration: This is the standard process used when an estate’s value exceeds a certain threshold, typically more than $40,000. It involves court supervision throughout the administration, including appointing a personal representative, notifying creditors, settling debts, and distributing assets according to the will or state intestacy laws if no will exists.
- Small Estate Affidavit: If the total value of the estate is $40,000 or less, a simplified procedure called a Small Estate Affidavit can be used. This process is quicker and involves less court involvement, allowing heirs to collect assets without formal probate administration.
- Muniment of Title: In some cases, if the deceased person left a will but no debts other than those secured by real estate, the court may allow the will to be used as evidence of the transfer of ownership of the property. This avoids the full probate administration process.
- Refusal of Letters: Missouri also allows for a Refusal of Letters procedure, which can be used by surviving spouses or minor children when the estate is valued at $15,000 or less after the payment of debts. This process enables the transfer of assets to the surviving spouse or children without full probate.
Understanding which probate procedure applies to a particular estate is essential, as it determines the legal steps required to finalize the administration. Our St. Louis estate lawyers can help guide you through this decision, ensuring the most efficient and effective approach for your situation.
The Probate Process in Missouri
The probate process in Missouri involves several key steps, each of which must be carefully completed to ensure a smooth administration of the estate. Here’s an overview of the probate process:
- Filing a Petition with the Probate Court: The process begins by filing a petition with the appropriate probate court, usually in the county where the deceased person resided. The petition requests that the court open the probate case and appoint a personal representative (executor or administrator) to manage the estate.
- Notifying Heirs and Creditors: Once the court grants the petition, the personal representative is responsible for notifying all potential heirs and creditors. Heirs must be informed of the probate proceedings, while creditors are given a period to file any claims against the estate. In Missouri, creditors typically have six months from the date of first publication of notice to submit their claims.
- Inventorying and Appraising the Estate Assets: The personal representative must identify, inventory, and appraise all estate assets, including real estate, personal property, bank accounts, investments, and other valuables. This step ensures a complete accounting of the estate’s assets.
- Paying Debts, Taxes, and Expenses: Before any assets can be distributed to heirs, the estate must settle all outstanding debts, taxes, and administrative expenses. This includes paying off funeral costs, medical bills, credit card debts, and any estate taxes owed.
- Handling Disputes and Claims: If any disputes arise over the validity of the will or claims against the estate, they must be resolved during the probate process. This may involve court hearings, mediation, or other legal procedures to address contested matters.
- Distributing the Remaining Assets: After all debts, taxes, and expenses have been paid, the personal representative can distribute the remaining assets to the beneficiaries or heirs as directed by the will or, if there is no will, according to Missouri’s intestacy laws.
- Closing the Estate: Once all assets have been distributed and all necessary paperwork has been filed with the court, the personal representative can petition the court to close the probate case. Upon court approval, the estate is officially closed, and the personal representative’s duties are complete.
Contact Our St. Louis, Missouri Probate Lawyers
Don’t go through the probate process alone–contact the knowledgeable and skilled estate lawyers here at the Stobie Family Law Group today. We stand ready to effectively represent your interests and ensure your loved one’s estate is closed out according to their wishes.
