The aftermath of a loved one’s death can be incredibly difficult, as, on top of grieving the loss of your loved one, you’ll find that you may be responsible for probating their estate while planning their services. As such, it’s imperative to understand the documents you’ll need to move forward with this process. The following blog explores what you should know about these legal matters, including the importance of working with St. Louis probate lawyers to help you navigate these difficult times.
What Is Probate and Why Is It Necessary?
When someone passes away, the assets left in their name must be transferred to heirs and beneficiaries according to their Will or state law. As such, the probate process serves to validate and oversee the distribution of these assets. To ensure that this process is legal, the court must ensure that the will is legally binding before probate can move forward.
It’s also important to understand that probate ensures that any debts owed by the deceased are paid from the estate before the remaining assets can be distributed in accordance with the will or state law. It is also during the probate process that the court will appoint someone to serve as the executor of the estate. This will generally be the person named in the will or someone appointed by the court if there is no will.
In the event that there is no will, the court will distribute the assets according to Missouri Intestate law. As such, you’ll find that the court will distribute assets in a pre-determined hierarchy based on your next of kin.
What Documents Do I Need to Initiate the Probate Process?
When filing probate as an executor, there are several documents that you’ll need to file to initiate this process. Generally, the most important document you’ll need is the death certificate of the individual whom you are filing on behalf of. This certificate proves to the court that someone has passed and allows them to authorize the transfer of assets out of their estate and into the control of the intended or legal beneficiaries.
You must also file the original will with the probate court, if one exists. You are responsible for filing this document with the probate court within one year of the death of the individual. This is necessary to ensure that the wishes of the deceased are honored.
Finally, you’ll need to ensure that you complete an inventory and appraisal of the assets in the estate. This includes all real estate, bank accounts, vehicles, and personal property. In some instances, higher-value items must be evaluated by a professional appraiser.
Filing for probate can be incredibly overwhelming for many, which is why it’s critical to ensure you have an experienced estate attorney to guide you through these matters. At the Stobie Family Law Group, our dedicated legal team will help you navigate the probate process so you can focus on celebrating the life of your loved one. Contact us today to learn more.
