Common Questions About Missouri’s Probate

Having questions about probate is common. For many, it can be overwhelming, confusing, emotional, and generally an unknown process, but it is something that we will all have to prepare for and possibly go through as a friend or family member. As an attorney, I have heard a list of questions longer than myself, but here are five of the most common.

Do You Need an Attorney for Probate? 

Yes, you do need an attorney for probate. Most probate matters require an attorney on hand. Fortunately, an attorney can benefit you by helping with convenience, legal understanding, and efficiency.  It can be best to have someone who is informed about your family’s assets and expectations to ensure everything is handled correctly and finalized in line with the deceased’s documentation. However, applications for a Refusal of Letters for a Spouse, a Creditor, or an Unmarried Minor Child can be made without an attorney. 

When Is Probate Required? 

Probate is required when someone passes away and still has assets titled in their name with no beneficiaries designated to the assets. While a last will has beneficiaries written out, it will still need to go through the probate process. Thankfully, a last will helps with efficiency and directing the process altogether. Without a last will, the assets will be directed by the state and may not go to the correct people or anyone at all. The assets in question can be bank accounts, real estate owned solely by the deceased, partially owned real estate, stocks, bonds, and any other tangible possessions such as jewelry, vehicles, or furniture. 

What Is the Process of Probate in Missouri? 

Probate starts with the individual who wishes to be in charge of the probate estate, likely to be named in the last will, filing an application with the Probate Court to become the executor of the estate. Once this is approved, the executor will start sending notices to the heirs, beneficiaries, and creditors to inform them of probate proceedings as well as publish the event in the papers. Then, the executor will provide the court with an inventory and appraisal of all the assets listed by the estate. From there, the executor must keep the assets safe and ensure proper distribution among the beneficiaries. Once that is complete, the final act has the executor close the estate once all debts and taxes have been paid and assets have been distributed. 

What Is the Small Estate Threshold in Missouri? 

Probate can look different depending on the size of the estate. If the estate is worth $40,000 or less, you can take advantage of small estate probate. Compared to a full estate probate process, a small estate will take around 4 to 8 weeks rather than 8 to 12 months to complete as the processes involved are considered more efficient and simpler. Through this process, a family member or heir will be titled the affiant and granted full authority to gather and distribute the assets. 

How Can You Avoid Or Lessen the Time for Probate? 

There are many ways to keep assets out of probate, helping to shorten the time and create a more efficient process. Certain ways to avoid or lessen the time the probate process takes are by creating a revocable or irrevocable trust for certain assets, choosing to do a Transfer on Death or Payable on Death account, writing out beneficiary deeds for real estate or beneficiary bills of sale, and conducting certain types of joint titling of properties. These options will help pass down assets quicker and keep them out of probate.

Do you have more questions about Missouri’s probate process? I’d love to answer them! Send me a message or contact the team at Hartmann Law.