If you require assistance with probate, our St. Charles, Missouri probate lawyer is here to help you. Probate is the legal process used to settle a person’s estate after they pass away. It involves identifying assets, paying debts, and distributing property to the rightful heirs or beneficiaries. While each case is unique, certain steps are generally part of the process, and being prepared for these steps and how to most efficiently go through probate can be extremely beneficial.
Our firm has been assisting clients in Missouri for over a decade, and Attorney Charles Moore has been named among the “10 Best Estate Planning Attorneys in Missouri three times. You can trust us with your probate case. Contact Legacy Law Center today to schedule a consultation.
Filing The Petition
The first step is to file a petition with the appropriate probate court to open the estate. This petition asks the court to appoint a personal representative, sometimes referred to as an executor or administrator. Once appointed, this person has the authority to manage the estate throughout the probate process.
Notifying Interested Parties
After the personal representative is appointed, they must notify heirs, beneficiaries, and creditors. This step allows anyone with a legal interest in the estate to come forward. Creditors are typically given a specific timeframe to file claims for debts owed by the estate.
Identifying And Valuing Assets
The personal representative is responsible for locating all assets that belong to the deceased, including real estate, bank accounts, investments, and personal property. In many cases, appraisals are needed to determine the fair market value of certain items. This information is necessary for both the court and the eventual distribution of the estate. Our St. Charles probate attorney can help you ensure that all assets are accounted for and evaluated accurately and fairly.
Paying Debts And Expenses
Before assets can be distributed, the estate’s debts and administrative expenses must be paid. These can include funeral costs, court fees, attorney fees, and outstanding bills. The personal representative uses estate funds to cover these obligations before moving forward with distribution.
Handling Taxes
Depending on the situation, the estate may owe state or federal taxes. The personal representative must file any required tax returns, including the final personal income tax return for the deceased. If estate or inheritance taxes apply, they must also be calculated and paid before closing the estate.
Distributing The Assets
Once debts, expenses, and taxes are addressed, the remaining assets can be distributed to heirs or beneficiaries as outlined in the will or, if there is no will, according to state law. The personal representative may need to obtain court approval before making final distributions. Disputes may arise during this step, and our Missouri probate lawyer can help you manage disputes in order to keep the process as simple and efficient as possible.
Closing The Estate
The final step is to file a petition with the court to close the estate. This includes providing an accounting of all transactions during probate. Once the court approves, the personal representative’s duties officially end.
Our probate attorney works with families through every stage of probate to make sure legal requirements are met and the process moves forward efficiently. If you are facing probate after the loss of a loved one, our team can guide you through the necessary steps and help protect your interests. Contact Legacy Law Center today to learn how we can assist you in managing this important responsibility.
