We understand that the loss of a loved one is an emotionally draining time, and the intricacies of probate law in Missouri may be the farthest thing from your mind. While we hope you don’t need this information anytime soon, we are here to help you pull back the curtain on the complexities of the probate process in Missouri.
What is Probate?
At its most basic, probate refers to the legal process in which a deceased person’s assets—known as their “estate”—are distributed to their heirs or beneficiaries according to their last will and testament. If the deceased did not leave a will, the estate will be distributed under Missouri’s intestacy laws. Intestacy laws are essentially the default rules for the distribution of your probate estate if you do not have a will.
The Probate Process in Missouri
The probate process in Missouri generally involves the following steps:
- Submitting the Will to the Court: The first step is submitting the original will, if one exists, and a copy of the death certificate to the probate court.
- Appointment of the Personal Representative: The court will appoint an executor (if named in the will) or an administrator to oversee the probate process.
- Inventory and Appraise the Estate: The executor or administrator will then gather and appraise the deceased’s assets.
- Pay Debts and Taxes: Before any distributions can be made, the deceased’s valid and filed debts and taxes must be paid from the assets of the estate. Importantly, creditors (like credit card companies and health care companies) cannot be paid, in most cases, unless they file a claim through an attorney in an open full probate estate administration.
- Distribution of the Estate: Once debts and taxes have been paid, the remaining assets can be distributed to the specified heirs or beneficiaries.
When is Probate Necessary in Missouri?
Probate is not always necessary. This is because property can transfer automatically outside of the probate system through tools like beneficiary designations on your IRAs and 401Ks, transfer-on-death designations on your cars and bank accounts, and a transfer-on-death beneficiary deed regarding real estate, among other methods. Additionally, property held jointly with a right of survivorship will automatically pass to the surviving owners of that property, if any. Lastly, assets held in a trust do not require probate.
As a result, the only property requiring probate is property that is (1) left in the deceased person’s name or is payable to the deceased person’s name (like most checks or refunds, etc.), and (2) the property has no legal method for automatically transferring.
Short Form Probate
In addition, even if probate is necessary, there are a few methods for significantly shortening the probate process. If the assets of the estate are under $40,000, a Small Estate Affidavit can often be filed. The assets and heirs must still be shown to the court, but no full period of administration is required, and small estates can often be resolved in a matter of weeks.
If the assets are over $40,000 but it has been longer than 1 year since the death of the deceased person, Missouri allows other expedited processes like a Determination of Heirship, which can allow the family to probate assets through a (usually) very brief court hearing.
Additionally, if after a year real estate is the sole asset and the heirs are not in dispute, it can also be possible to use an Affidavit of Heirship recorded with the recorder of deeds’ office to reflect a transfer of the real property to the heirs at law.
Conclusion
If you’re struggling with the death of a loved one and need to understand your options, give us a call. At Schnurbusch Law, a huge part of our practice is dedicated to helping families administer the estates of their loved ones after they pass away.
